Virginia Notice to Quit for Breach of Covenant or Condition of Unauthorized Subletting
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How to fill out Notice To Quit For Breach Of Covenant Or Condition Of Unauthorized Subletting?
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FAQ
IMPORTANT TIP: Under Virginia law you are considered a tenant at sufferance if you do not have a lease or pay rent. This means that you can be evicted for any reason at all, at any time and no particular notice needs to be given to you.
In Virginia, landlords can evict tenants for a lease violation. The landlord must give tenants a 30-Day Notice to Comply, which provides them with 21 days to fix the issue. Should the tenant be unable to resolve the issue within 21 days, the tenant has the remaining 9 days to vacate the rental property.
To start the eviction, a sheriff will come and post a 72 hour eviction notice on the door of the property. When 72 hours is up, if the family member has not vacated voluntarily, the Sheriff will arrive and conduct the eviction. So if a guest, friend, relative, or family member is refusing to leave, don't despair.
If a tenant breaches a tenancy agreement it is possible that their landlord will try and evict them from the property. The sort of breaches of tenancy which result in a landlord seeking a court order for possession include: Anti-social behaviour (eg noise, graffiti, abusive behaviour)
For the landlord to forfeit, the lease must first contain a forfeiture clause. This allows the landlord to terminate the tenancy upon the tenant failing to pay the rent (usually after a period of grace of between 14-28 days) or in the event of any other specified breach of covenant.
A tenant has the right to quiet enjoyment of the property without interference by the landlord. This is called the covenant of quiet enjoyment. It exists in every lease.
Possession and breach of covenant claims are breaches by the tenant (usually) or the landlord of their obligations contained in the lease. Tenants' breaches commonly include; failure to pay the rent, sub-letting without permission, carrying out unauthorised alterations, failure to repair or becoming insolvent.
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. Under this circumstance you can go from tenant to trespasser very quickly.
In the past, a landlord may have waived their right to forfeiture if a tenant breached a covenant because that tenant was a 'good payer'. Now this tenant may be not meeting their rent obligations and continuing to breach covenants.
In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises.
