Possible to send a 30 day notice with eviction pending

[Mike S.]

Good morning. I have an eviction pending for non payment of rent. Court is on 10/2. There has been a lot more issues popping up with these folks. Drug use and domestic issues. They are on a month to month lease. In Virginia. Can I send a 30 day lease termination letter just in case the eviction fails and I'll have another way of getting them out. 

[Greg Scott]

Be careful. If you send a 30 day notice now, one could argue you have extended their occupancy to 30 days from today regardless of the eviction proceedings.

We had an illegal occupant we were trying to get out.  He then threatened the resident across the hall with a gun.  We sought an emergency eviction for health and safety reasons.  That resulted in an accelerated path to eviction.

I'd check with an attorney that specializes in evictions and knows your state laws.

[Kim Meredith Hampton]

Mike

Don’t do anything during a legal eviction, you could negate your eviction. Stay still until this process takes its course

[Patricia Steiner]

Once you file for eviction, you've turned the matter over to the court for relief.  You gotta leave it there.  It's painful to be held hostage - especially when you're a problem solver.  What you can do is call the police should illegal activity be occurring on your property...make sure you can prove it so it doesn't appear retalitory.  Keep the faith that they'll be on the curb soon.  

[Mike S.]

Thank you all so much for the responses. Much appreciated.  I'll let it ride. Over 10 years in this game and this is the first one.

[Mike S.]

Update. Tenants actually moved out the day before court and never showed up . Judge awarded me the judgment and I got my house back, minimal damage. I'm pleased. Thanks for all the advice.