Tenant Refusing to Leave

[Charles M.]

I closed on May 26th sight unseen (covid viewing limitations) and after inspection of the property I determined that I would need to fix up several parts of the home to make it rentable. Currently, there is no heat or AC source and there are a few cosmetic issues that need to be addressed in the home. Upon purchase, there was a tenant already in place since January 1st. They are on a month to month agreement of which I have not been provided with for a lease. Apparently they are trying to get their deposit back from the previous landlord but the tenant is a bit more agreeable than descriptive so its hard to get any information about the situation.

Last weekend the tenant and I spoke about making these changes to the home, as well as some other things so I could raise rent to the market rate from $1,175 to $1,450. We worked on a schedule for completing the work in July and all was well.

Fast forward to today it has been a total nightmare. I have been trying to get 1) a credit and background check or 2) application for the July 1st and onward year long rental period for the $1,450/mo and 1 month security deposit. When we spoke she said "yes of course $1450 is within my budget" but then said she couldn't pay rent until after she got paid on June 14th. Later in the day since June 1st was my last day for the 30 day notice I told her that I would have to serve a Virginia Notice to Quit where I outlined the reasoning for termination. See attached doc. There is no actual lease in hand for me or her and even if there is one I would need to provide 30 days, which I have. I told her that as long as she is able to get June paid as well as qualify for July through credit and background & put up the first month rent July 1st and 1 month security deposit. I informed her that all of this was to be within the legal bounds of tenant law but as long as she qualifies I would be happy to have her in my home. This is honestly not true, but I am trying to tiptoe around this situation a bit since I have no lease and yet it still feels like she has all the power. The reasoning is dog pee, flakiness and smoking cigarettes in the home.

Next she sent me a Virginia Poverty Law Center document (attached) that was created due to the Covid situation. I think what has happened is the tenant decided to take advantage of the pandemic rent relief and not pay (I mean duh!)

So what's the bottom line? This is my first rental and my family needs me to get this fixed since I had to close my personal training studio due to Covid. Realistically, what are my options? Is she currently trespassing? What about in 30 days?

- Notice to Quit - Can't attach because there is too much private information.

To ___ And all individuals (tenants, occupants, and subtenants) in possession of the Premises
The Premises herein referred to in this official notice to quit is located at redacted with a lease agreement commencing on May 26 2020 between redacted. This notice to quit has been sent by the Landlord to the Tenant(s) due to a non-
compliance in the lease agreement that can be described as:

Tenant is in a month to month agreement for redacted and landlord would like a
tenant with 1-month security deposit & year term lease agreement.
You shall have the right to fix the above-stated non-compliance within twenty-one (21) days or vacate the premises at the end of thirty (30) days from receiving this notice.
YOU ARE FURTHER NOTIFIED THAT the Landlord does hereby elect to declare that
forfeiture of your lease agreement under which you hold possession, to the above-described premises, if you fail to perform or otherwise comply will institute legal proceedings to recover rent and possession of said premises which would result in a judgment against you including costs and necessary disbursements together with possible statutory damages as allowed by law for such unlawful possession of the premises.

No response from her other than this: