A tenant at will is a tenant who has the landlord's permission to stay on the property past the expiration of the rental agreement. Also, a tenant who occupies rental property with the landlord's consent and makes rent payments without a written lease is called a tenant-at-will. This form is a generic pleading that may be referred to when preparing a complaint or petition to recover possession of premises from a tenant-at-will after the tenant has been give the statutory notice to quit the premises.
Virginia Complaint or Petition to Recover Possession of Premises from a Tenant at Will After Statutory Notice to Quit - Past Due Rent
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How to fill out Complaint Or Petition To Recover Possession Of Premises From A Tenant At Will After Statutory Notice To Quit - Past Due Rent?
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In the event of a breach of the rental agreement or noncompliance by the tenant, the landlord shall be entitled to recover from the tenant the following, regardless of whether or not a lawsuit is filed or an order obtained from a court: (i) rent due and owing as contracted for in the rental agreement, (ii) other ...
The Virginia Residential Landlord and Tenant Act (VRLTA), Sections 55-248.2 through 55-248.40 of the Code of Virginia, establishes the rights and obligations of landlords and tenants in the Commonwealth. Only the courts can enforce those rights and responsibilities.
Writ of Possession/Notice to Vacate (If the Landlord/Plaintiff wins the case, the Landlord/Plaintiff can obtain a writ of possession to move you out of the property. The Sheriff will post what is called a ?Notice to Vacate.? You will have five days from the date the Sheriff posts the Notice to Vacate to move-out.
NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a ?tenant at sufferance.? This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you.
To remove a tenant at sufferance in Virginia, the landlord must follow the appropriate legal process. This typically involves providing the tenant with a written notice to quit, which informs them that their tenancy has ended and they must vacate the premises within a certain period of time (usually 30 days).
In Virginia, a landlord can evict a tenant without a lease or with a lease that has ended (known as a ?holdover tenant? or ?tenant at will?). To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month).
Virginia allows landlords to evict tenants for various reasons, such as nonpayment of rent, lease violations, engaging in illegal activities, and causing property damage.
A tenancy at sufferance is created when a tenant wrongfully holds over past the end of the duration period of the tenancy (for example, a tenant who stays past the expiration of their lease).
