Violation of Contract at End of Lease Help

Violation of Contract at End of Lease Help

Investor · Manassas, VA · Member since 2015 · 5 posts · 6 votes

I have a tenant that I have had for three years. I have always thought of her as a good tenant as the house had always been clean when visited in the past she paid the $50 maintenance call fees the couple of times I needed to address something she broke (window screens, clogged plumbing), and she has always paid rent on time every time.

Her contract is up on June 31st but we agreed to go month to month for one month ending on July 31, and that where the problems started. I informed her that I would be listing the property and begin showing it as we were within the 60 days stipulated by the contract, and she was fine with that (until the day came and she wanted me to reschedule my appointments). When I went to the property the night before just to confirm again, and to make sure my entry key still worked, I noticed hundred of cigarette butts all over the property. I was a little frustrated with this, but when I asked her to clean up before the showing, she did. Upon entry of the property the next day, I noticed numerous violations of our contract:

  • She had two unauthorized cats (That destroyed blinds and carpet)
  • She appear to have an unauthorized long term guest / sublet (There is a new bedroom set up in the basement with mail sitting on a table not addressed to anyone that signed the lease, but I have not seen these people)
  • She had a full size hammock bolted to the ceiling of the master bedroom

My question is, since I only have 45 more days until she is scheduled to move out, should I send her a notice of violation for these items and that if they are not addressed, the contract will end, which based on Virginia law she has 22 days to address and if its not fixed after 30 days, from when she receives the notice, the contract will end. (This comes to about 10 days before she is schedule to move out anyways).

On the one hand I feel that she broke our contract and she must re-mediate the issues by removing the individuals or having them go through a background check  and add them to the lease, and remove the cats or sign a pet addendum / pay a pet fee / pet rent for her last month.

On the other hand I feel that she could make our lives more difficult then its worth to push the issue since she is moving out in 45 days on her own notice. Im not convinced that she would since she has always been willing to pay when she broke something in the past and I had to come fix it, but is it worth the chance?

Thanks in advance for any thoughts.

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  • Real Estate Investor · Coopersburg, PA · Member since 2017 · 120 posts · 61 votes
    8y

    In this case I'd say wait until she's moved out to show it.  Yes, you may have a month or a few weeks without a tenant but sometimes it's easier than to deal with a tenant who's trying to move out and the LL trying to show the place.  You never know what you're going to walk into day to day to show property with a tenant in the property.  You'll save yourself many headaches as well. 

    As far as the violations go I would send her a notice and go from there.  Good luck

  • Deland, FL · Member since 2017 · 2k+ posts · 1k+ votes
    8y

    start eviction immediately and keep showing 

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