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Travis Geary
  • Staunton, VA
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Should I serve a Pay or Quit notice?

Travis Geary
  • Staunton, VA
Posted Mar 3 2014, 09:22

I am a new landlord, and last week I filed my first Summons for Unlawful Detainer (I'm here in VA, which I've heard is landlord friendly). Here is my question. Now March 3rd, rent is late (again). Do I need to file a second Notice to Pay or Quit, or will that get in the way of my current Summons for Unlawful Detainer?

Here is the backstory:

I didn't do my due diligence in getting this tenant. Tenant has been consistently late in paying rent every month since starting the lease, and she's not even been paying with her own money (charities have been helping her out). Last month she paid everything but $9.11 (I think as a test of what I would do). I was going to let it slide, but since I thought there was very little chance of her continuing to pay (even late) I wanted to get her out before March got here. I offered to help her find a more affordable place, expedite her SD refund (which was paid for her by a local charity), help her move, and release her from the contract.

When she said she wasn't going to take my offer, I filed a Summons for Unlawful Detainer, figuring this was a pretty good indicator of what the future held. That was on Thursday, February 27. Come March, she is late again with her rent, and she hasn't even bothered to contact me. Since I already have a Summons in process (court date on March 21), do I still need to serve her another 5-day Pay or Quit Notice? Will serving her another notice mess me up when I appear before the Judge for the Summons for Unlawful Detainer?

Even if your not from VA, any insight would be helpful.

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