5 Day Pay or Quit Notice (VA specific) questions...

9 Replies

I have somewhat of a logistical question. 

Trying to serve someone a 5 day pay or quit notice in Richmond, VA, and asked a bunch of people on their opinions and got different responses, so a little bit confused here as to best practice.

A) If I  send a certified mail and the certified mail doesn't get picked up, can that be admitted in court as Notice Served? Isn't it the tenant's responsibility to go pick up the mail? Can the tenant say, that the mailman put the certified mail note on the wrong door, and he never got any indication that there was mail waiting for him? 

B) If I send a regular mail, he can always say he never received the mail. So that is out of question. 

C) If I stick a note on the door, then he can always say the wind might have blown it and by the time he got home from work, there was no note. 

How do you then properly serve the notice to tenant who is behind on paying rent. It seems that there is no foolproof way of serving the notice and get the process started..

The question can be answered by anyone really. Although the issue at hand is VA specific, the bigger issue is quite general.

Why not just hire an eviction service?

http://keyrenterrichmond.com/comprehensive-services/eviction/

Regarding posting on a door and them saying they never saw it, I used to post it and then video the property, showing the address number and the notice on the door.

Originally posted by @Nicole W.:

Why not just hire an eviction service?

http://keyrenterrichmond.com/comprehensive-service...

Regarding posting on a door and them saying they never saw it, I used to post it and then video the property, showing the address number and the notice on the door.

Thanks for the link, but that's in future. I fired the old PM because he was terrible and sloopy. I have a couple of good leads.. 

Again, when you are taking the video, you are doing it when you posted it. If he doesn't come home for 4 hrs, are you sitting there in your car recording it?  What happens if he is out of town for 5 days and there is wind and rain in those 5 days and the note truly washes or gets blown. Just playing with hypothetical here. I just want to know what the judge will and will not accept.

No, I never waited all day for them to arrive and catch it on video. I think you might be over-thinking it. Just read the law and follow it. 

The link I gave was not for a full PM. It was a for just eviction services... someone who just handles the eviction process for you, but nothing else. I personally always use that kind of service so that I know I have pros dealing with the legalities rather than questioning if I'm doing it right myself. Might want to consider that.

Originally posted by @Nicole W.:

No, I never waited all day for them to arrive and catch it on video. I think you might be over-thinking it. Just read the law and follow it. 

The link I gave was not for a full PM. It was a for just eviction services... someone who just handles the eviction process for you, but nothing else. I personally always use that kind of service so that I know I have pros dealing with the legalities rather than questioning if I'm doing it right myself. Might want to consider that.

You might want to double check the link. It seems their primary business in PM and eviction guard is an option. I am already in the process, and just want input. Going forward a good PM should be handle the eviction process. 

Originally posted by @Nicole W.:

No, I never waited all day for them to arrive and catch it on video. I think you might be over-thinking it. Just read the law and follow it. 

The link I gave was not for a full PM. It was a for just eviction services... someone who just handles the eviction process for you, but nothing else. I personally always use that kind of service so that I know I have pros dealing with the legalities rather than questioning if I'm doing it right myself. Might want to consider that.

 Just trying to think it from a POV of a low life, sniveling freeloader. 

@Chinmay J. Don’t overthink it. In VA, notice is considered served if you sign the affidavit that it was posted on the door, regardless of whether or not the tenant sees it. Likewise, it is considered served if sent by certified mail. If they don’t sign for it just take the returned envelope to court with you.

Some tenants will have a dozen excuses, but if you end up in court the judge will be more likely to believe a landlord with organized, detailed paperwork than a tenant who hasn’t paid rent.

Originally posted by @Matt Clark :

Chinmay J. Don't overthink it. In VA, notice is considered served if you sign the affidavit that it was posted on the door, regardless of whether or not the tenant sees it. Likewise, it is considered served if sent by certified mail. If they don't sign for it just take the returned envelope to court with you.

Some tenants will have a dozen excuses, but if you end up in court the judge will be more likely to believe a landlord with organized, detailed paperwork than a tenant who hasn’t paid rent.

Thank you.  That's what I am going to do and not overthink it.  I am on the right side of the law and while I am not a heartless person, paying for your October rent in November is not acceptable. On top of that barrage of expletives for merely asking for rent payment is not something I can deal with. 

Should have really never bought the place with inherited tenants. 

Thousands of landlords go to eviction court and win by stating they placed 5 day or 3 day or 7 day notices on doors contrary to what a tenent may say 

@Chinmay J. - Not sure if you have found a new PM yet.  I am the owner/operator of Steadfast Property Management.  What we do for our pay or quits is send via priority mail.  They don't have to sign, but we can track that the letter was received.  It's about $3 more expensive than sending via certified mail, but worth it because you avoid the hassle/potential excuses you described in your post. 

Please keep us in mind.  I'm happy to talk to you about Steadfast's business model and more importantly open myself up to any questions you may have about our operation.

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