Virginia topped the list of states with the most eviction filings in 2023, recording 136,405 cases. Many of these evictions are due to delinquent rent, which is rent unpaid by a tenant after the due date.
However, as a landlord in Vienna, VA, you can't just evict residential tenants who don't pay their rent on time. You must strictly follow a legal process.
This guide discusses the steps you must take if renters fail to pay on time, so read on.
Review Your Rental Lease
According to the Virginia Residential Landlord and Tenant Act, landlords must offer each tenant a written rental agreement or lease. It should contain the rental's terms and conditions, including:
- How much the rent is
- Rental payment due date
- Rent collection methods
- Grace periods
- Late payment fees
- Statement of tenant rights and responsibilities
Let's say your rental agreement sets every first of the month as the rent due date. Unfortunately, it's already the fifth day, and you have yet to collect rent from a tenant.
Before you issue an eviction notice, review the lease first; it may indicate a grace period.
Let's say it does, giving your tenants a seven-day grace period. In this case, they still have until the seventh of the month to pay their rent.
Issue a 5-day Notice
Suppose a tenant fails to pay rent by the due date or after the grace period. If so, you can already give them a five-day notice. It must state that they either pay the due amount or quit (move out) within five days.
The tenant must respond within that period. They can do so by paying the total amount they owe or moving out by the fifth day.
File an Eviction Case
If the non-paying tenant fails to respond to the 5-day notice, you can go to Court and file an eviction case against them. Your landlord rights are in play here; they let you sue tenants who fail to follow the lease agreement's T&Cs.
You may file an eviction lawsuit, also called an "Unlawful Detainer," against a non-paying tenant through the General District Court.
Once you've filled out the forms and paid the filing fees, the Court will issue the Summons for Unlawful Detainer. It indicates a hearing date on which you and the tenant you're suing must appear in Court. The Court will give its judgment during the hearing.
If you, the landlord, win the case, the Court may give the tenant a 10-day appeal period. If the tenant doesn't appeal, the Court signs and issues a Writ of Eviction. The Sheriff's Office has 30 days to execute this and inform the tenant of the eviction date and time.
Minimize Risks of Delinquent Rent Payments
Dealing with delinquent rent is a stressful, time-consuming, multi-step process. For this reason, it's best to screen tenants carefully and select those with good credit and payment histories.
Our full-service property management company, PMI Smart Choice, can help. Our expertise stems from our parent company, PMI, which has 20+ years of property management experience. You can rely on us to handle tenant screening, rent collection, lease enforcement, and property maintenance.
So, call us today to learn more about what we can do for your Vienna, VA properties!
