I need help!!! My 3 tenants' lease ended October 2015. I continually tried to get them to sign a renewal lease or move out but they kept coming up with excuses. One of the 3 move out at the end of the lease. The other two said they wanted to stay but needed a 3rd person. I gave them time to find someone (someone who failed the credit check but they vouched for him. They said they like him and wanted me to give him a chance. If he didn't pay, they would make up his part.) So I said sure he can have an agreement with THEM but I couldn't put that person on the lease. Only two names on the prospective lease. Yet they still didn't sign the lease. Beginning of February a second tenant moved out. Now 3 days ago the last of the 3 said he's moving out by March 1st. Problem is this last tenant moved a buddy of his in there. I told him he could move out like he wants but everyone must go with him. He start raising his voice saying ...I'm telling him to make his friends homeless. He wants me to let the guy they vouched for and that new buddy of his take over the lease, except they wouldn't pass the credit check. So I told he can just to go ahead and move out or pay rent for March and buy them some time to find a place. He moves out, does not pay March and left those 2 strangers in my house. What do I do???? He, whom I originally had the agreement with, left.

Eviction law differs from state to state, so you need to get advice from an attorney in your state. In my state I would just have the Sheriff serve a no trespass order against them and mention they are trespassing illegally and it is a crime. They have no legal right to be there. In some states just spending the night means you must do a full blown eviction. If you file for eviction I would also name the last tenant who moved out. My lease says the property must be ready to lease when they leave and leaving people in it is not rent ready. I would not give deposit back and if guy moving out is sued for all eviction costs and rent maybe he can get his buddies to move out. Again get advice from an attorney in your state. I understand NY may have some tenant friendly laws that are not like my states laws.

Seems like you broke your own rules and lets someone stay in the house that did not pass the credit check. Then accepted many excuses, ect

Very poor job as a landlord. Hopefully this is a good situation for you to learn the value of setting requirements and abiding by them.

@Jerry W. hit the nail on the head. Check your eviction laws and start moving. I recommend using an attorney rather than DIY. You aren't quite there yet.

It is my understanding -- not a lawyer, no legal advice -- that Virginia considers those not on your lease as trespassers, and the Virginia Landlord Tenant rules explain the steps you can take, which seems to be fairly straightforward, serving written notice and then you are able to deal with them as trespassers, not having to go through eviction.  I looked this up recently, but, fortunately, didn't need to move forward with it, so don't remember the details.  If they are named on the lease, it's a different matter.  

Now him and his friends have moved out after giving me a 3 days notice (starting on a Friday Night) and he wants his deposit back!

Don't give it back to them till after they have gone. Change the locks immediately after they have moved out. Deduct for any damage done from deposit. 

@Marie J. , glad to hear they have moved out. That's one less headache. But now you have to do a thorough inspection of the property. Great advice from @Benjamin Timmins to change the locks immediately. 

I'm not sure how much time you have to return the security deposit, so check your landlord tenant laws to be sure, but go through every inch of the property and document everything you find. Pictures are irrefutable evidence of the condition of the home. Take a quick picture of the front page of the local newspaper, including the date, for reference, then take tons of pictures.

Deduct fairly, but make sure you cover your expenses. Document how you spent any amount you have deducted from their security deposit. If they owe more than you collected, send them a bill for the amount, but don't count on ever seeing that money. 

Chalk this all up to a lesson learned. Everyone over 18 on the lease, and if they don't qualify, they can't stay.

@benjamin 

@Benjamin Timmins and @Mindy Jensen

I don't get to keep the deposit when he gave 3 days notice on a month to month lease? Is that illegal? My sister, my friend, and my wonderful realtor who is helping me talk to this unreasonable tenant all say just return it and have it over with but it feels so unfair.

You could keep it.  Youd have to send a notice to them detailing why.  I'd just be happy to be rid of them. 

Marie J, if you are going to be a successful landlord, you need to get the word fair out of your vocabulary.  Tenants will not treat you fairly, you just need to try to get possession of the property back as soon as you can so you can start over with a better situation quickly.

We have paid tenants to leave many a time.  It doesn't feel fair, but it feels great to be out of the situation and moving on.

I've had two similar but slightly different situations happen to me.  Each time, figure out what you can do to prevent it form happening again, and move on.

My stories:

https://www.biggerpockets.com/blogs/4445/48448-mix...

https://www.biggerpockets.com/blogs/4445/35982-033...

If they damaged your property, you may and should deduct for repairs. If there is any money left over, I would give it to them with a full accounting of what you held back and why, and be done with them. 

Like @Michele Fischer said, tenants won't treat you fairly, especially bad tenants. Don't dwell on it, learn from this experience and move on. 

Make sure you follow the rules, send an itemized list to the last known address, make sure required letter is sent to all listed on the lease and that any refund of deposit is in whatever name(s) is in the actual lease so all parties are covered and can't come back and say they didn't receive it.   If they didn't give you any forwarding address, I think you send the notice to the actual property address if it's the last known, and I would make sure I had receipts for all repairs and proof of mailing to cover myself in case they contest it.  I just read through the Virginia Landlord/Tenant Act as I'm updating my lease, and what you should do is spelled out in detail.  If they owe rent and there are any damages, I would list all that they would be required to cover, and if it is more than the security deposit, I'd include a bill for the balance due.   Not a lawyer, no legal advice.  

Thank you @Lynn M. 

@Benjamin Timmins @Michele Fischer and 

@Mindy Jensen