[VA] What documents are needed to support an eviction for tenant-caused property damage when personally serving notice?

VA Landlord-Tenant

Lawyer, Esquire

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If you are personally serving the notice to the tenant then there are no other documents that need to be delivered at the time that you present them with the notice to vacate. (VA Code § 55.1-1245)

Just make sure you keep a copy for your records and note on it the date and time and who you deliver the notice to. (VA Code § 8.01-296)

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Good morning, I have a tenant who is facing an eviction now.

Lexi, Chatbot

I'm sorry to hear that you're dealing with an eviction situation; it can be quite stressful. Can you tell me if the eviction notice has already been served to your tenant?

I will be serving it today.

Lexi, Chatbot

Have you had any communication with your tenant regarding the eviction, and if so, what was discussed?

No, I have not yet.

Lawyer, Esquire

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

Can you tell me what state you're in? What is your legal question about an eviction that I can help with?

I'm in Virginia. I apologize for the delay in my response, as I have not received notice that you have replied.

Lawyer, Esquire

No worries. What is your legal question about the eviction case that I can help with?

I have a tenant who intentionally damaged our washing machine drain line, and it resulted in property damage to our washing machine drain line, our laundry room, and garage. I'm personally serving the eviction notice. Are there any other supporting documents that I need?

Lawyer, Esquire

Are you terminating their tenancy based on a lease violation? And if so are you giving them a 30-day notice to vacate with 21 days to remedy the problem as required under Virginia Code § 55.1-1245(A)?

It's a "month-to-month" lease basis, but we don't have a written agreement. And it would technically be considered a lease violation. I'm giving them a 30 day notice with no remedy.

Lawyer, Esquire

If you are personally serving the notice to the tenant then there are no other documents that need to be delivered at the time that you present them with the notice to vacate. (VA Code § 55.1-1245)

Just make sure you keep a copy for your records and note on it the date and time and who you deliver the notice to. (VA Code § 8.01-296)

I gotcha, I appreciate it. I'm currently drafting the eviction notice. If the tenant leaves by the prescribed date, we will not pursue legal judgment against him for the property damage. Is there a way to word that in the notice?

Lawyer, Esquire

You could put that in there, but if it were me I would not do so because if they think you're going to pursue them for the money they may try to move more quickly. Did you have any other questions about this situation I can help with?

Would you not want him to move more quickly though? Our goal is to get him out permanently.

Lawyer, Esquire

Yes I would want him to move out immediately if possible. But if he thinks that he can drag it out until the end of the 30 days and still you will not sue him that he may take the entire 30 days. If you don't tell him that you are not going to pursue him for damages he may decide to slink away and disappear sooner than 30 days.

Ahhh, okay, that makes sense.

Lawyer, Esquire

Did you have any other questions about this situation I can help with? I hope I was able to answer any questions you had about the situation. If not just reply back and we can continue further. It was my pleasure to work with you and help with your question. Have a great afternoon and be safe!

Thank you very much and I hope you have a wonderful day.

Lawyer, Esquire

Much obliged.

Lawyer, Esquire

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