When you need to evict a
tenant in Arlington, you have hopefully exhausted every other possible option for either bringing them up to date in rent or removing them from your property so you can turn the property over to a new, well-qualified tenant who is willing and able to pay rent.
Sometimes, eviction is the only way to move forward.
When you do need to evict your tenant, make sure you’re following all the eviction laws that are in place for Virginia. Trying to take shortcuts or avoid the legal process will only get you in trouble, and you’ll end up spending more time and money trying to remove your tenant from your property.
We are often called to help owners who have made some serious missteps in the eviction process. These are the most common eviction mistakes we see rental landlords make. You want to avoid these errors.
Avoid Risky “Self-Help” Evictions
One of the most important mistakes you must avoid is evicting your tenant outside of the legally required process.
We know it’s frustrating when a tenant doesn’t pay rent. However, you cannot change the locks suddenly. You cannot turn off the utilities or confront the tenant angrily at the property. You must follow the timeline and the step-by-step process, otherwise you’re risking your own rights to evict that tenant.
Don’t let your passions overtake the process. Remain professional and respectful, and follow the requirements of the law.
Not Serving Proper Notices
Most evictions are due to nonpayment of rent. When a tenant doesn’t pay rent and the grace period has passed and they haven’t been responsive to any calls you’ve made or messages you’ve sent, it’s time to make a formal demand for payment. Before you can evict your tenant, you must send a notice to pay or quit.
The notice period you’re required to provide is five days. You must serve a 5-Day Notice to Pay Rent or Quit. That means the tenant has five days from the time you serve the notice to come up with the rent before you can move forward with an eviction. Don’t try to evict a tenant without serving this notice first, and always allow them the five days to come up with rent.
In 2021, the notice period was briefly extended to 14 days. The General Assembly did not vote to keep this time period in place, so we’re back to five days of notice before you move forward with eviction.
Not Being Prepared for Court
Always bring a copy of your
lease agreement and copies of notices that you serviced. Prepare to answer questions, and if necessary, come to some sort of mediated agreement with your residents.
There is a lot of room for error when it comes to evicting a tenant. Don’t put yourself at risk. Instead of going it alone, talk to an experienced attorney who understands eviction law. You can also talk to an
experienced Arlington property manager. We’d be happy to help you. Contact our team at Arlington Realty Property Management.
