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Elderly tenant (5yr) getting more paranoid, watches neighbors, now has disturbing peace charges. Must I evict him?

Glen Allen, VA |

HOA sent letter. Get him to stop, evict, if continues you are liable. Has no family or children. Not danger to self or others. One bark at 7:30 am wakes him so he makes complaint, now stands outside every minute neighbor dog out. Confronts guests parking improperly in alleyway. Good soundproofing between units but he is now getting intollerant of slightest noise. Thinks it is the others that are rude to him.

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Attorney answers 1


Assuming the Virginia Residential Landlord-Tentnat Act applies, as landlord you should serve a 21/30 notice on the tenant, advising him that his conduct is in violation of the various rules applicable to the HOA, and therefore, his lease. The notice must provide that he has 21 days to correct his behavior and if he does not then his lease will be terminated on the 30th day and you will begin eviction proceedings. Then, advise the HOA that you have done what is required by law,and given the lease you cannot act for at least 30 days,and if the tenant's behavior is corrected then you cannot terminate the lease either. Also you can simply not renew his lease when it comes up for renewal.

Information provided herein by Mel Williams is based solely upon information provided by the person inquiring, and is highly dependent upon the facts of each issue presented. Answers provided herein are not intended to create, and do not create an attorney-client relationship, nor are answers provided herein to be relied upon as legal advice.