Inherited Tenant - Rent Relief - Notice

[Steve W.]

Hi Everyone,

I have a tenant that has requested rent relief through the Virginia Rent Relief Program.  This tenant is on a month-to-month lease and I was planning to serve him notice to vacate due to the fact that he obviously smokes in the building (violation of our lease, but hard to prove). He refuses to stop after multiple complaints and notices.  

Do I need to accept the rent relief application?  Should I accept the rent relief for next month, but serve him notice to vacate at the same time?  Any other feedback or input on this would be appreciated.  Thank you!

[Julie Hartman]

@Steve W. Just as @Nathan Gesner said, you need to read the particulars of the relief program rules. With ERAP they ask the landlord to agree not to post notice while awaiting aid, which takes forever and a day to receive. However, upon pressing them on it, they ASK that we don't, we are still within our legal right to do so. However, if your tenant is month to month and giving you a headache, why not give him notice of non-renewal and be done with him?