Tenant abandoned the lease, what's str my option

Property Manager · Central Virginia · Member since 2022 · 20 posts · 7 votes

Hello,

one of my tenant stop paying rent last month and when i sent him "pay or quit " notice, he took out most of his belongings and left the apartment. He had not responded to my texts or emails in past 2 months. I will be working to filing the Unlawful retainer on Tuesday, which may take almost 1 month to get possession.

It seems like he had abandoned the lease, what are my options at this time to get possession sooner? Is there anything i can do in virginia to expedite the process?

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Greg ScottPro Member

Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes

9mo

Checking Virginia law, it seems you cannot infer they have left based on what you put in your note. You either have to get the courts to grant you possession or you need written confirmation from the tenant. If the courts are going to take a long time, it is worth it to offer "cash for keys".

I would send an email to your tenant with a provocative headline like "Can I give you $100 for 2 minutes of your time?" Then promise to give them $100 of their security deposit back if they simply email you that they have moved out and relinquish possession of the unit.

And as much as I hate offering cash to deadbeats who steal, you should follow up on your end of the agreement.

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Greg ScottPro Member
Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
9mo
Checking Virginia law, it seems you cannot infer they have left based on what you put in your note. You either have to get the courts to grant you possession or you need written confirmation from the tenant. If the courts are going to take a long time, it is worth it to offer "cash for keys".

I would send an email to your tenant with a provocative headline like "Can I give you $100 for 2 minutes of your time?" Then promise to give them $100 of their security deposit back if they simply email you that they have moved out and relinquish possession of the unit.

And as much as I hate offering cash to deadbeats who steal, you should follow up on your end of the agreement.

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Leroy K. WilliamsPro Member
Property Manager · Southfield Mi · Member since 2018 · 187 posts · 173 votes
9mo
I would examine the terms of the lease you created very carefully and see if there is a provision which allows you to do an "Occupancy check" or something similar. You want to exercise your right to check on the home which would include an interior walkthrough to make sure there are no open valves or [potential hazards in the property. This typically requires that you send out a notice and follow it up with a posting advising that on a forthcoming date your maintenance team will be arriving to do a property check and if you do not hear from the tenant you will enter the property to assess.
If the unit is found to be abandoned you should be able to file a petition with the court for an expedited order granting you a judgment of default and the right of immediate possession

I would consult with an attorney first however this is how we would proceed in my office.
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Lydia Winn
Member since 2025 · 91 posts · 55 votes
9mo
@Greg Scott Great answer and way to bring VA law into consideration--it's often overlooked how much this varies even between counties, much less states. Yes, it's painful to pay to get rid of a bad tenant, but it's well worth it.

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- Bocondo Williams
  OP
  Property Manager · Central Virginia · Member since 2022 · 20 posts · 7 votes
  9mo
  Quote from @Lydia Winn:
  
  @Greg Scott Great answer and way to bring VA law into consideration--it's often overlooked how much this varies even between counties, much less states. Yes, it's painful to pay to get rid of a bad tenant, but it's well worth it.
  
  here is update on this...
  
  1. We had pest control appointment and during that time we were able to enter the apartment, which was not locked. The lock is not functional, seems like they broke the lock. I made video of the visit to have evidence and pest control professional was also there.
  2. I have filed the petition for Unlawful retainer and have a court date.
  3. Tried contacting the tenant multiple times including offering money to meet, but no response.
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David PeschioBusiness Member
Richmond, VA · Member since 2019 · 358 posts · 181 votes
9mo
I would definitely get an attorney involved or at least guidance for your county. But definitely want to do this in writing - we would start with an abandonment notice on the door. (take a picture of the notice)
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