Property Q&A in 20121>Question Details

 smith, Real Estate Pro in Ashburn, VA

Can I evict my tenant on the basis that we had 3 letters of violation from the HOA and our lease states they have to follow HOA rules and regulations?

Asked by smith, Ashburn, VA Sat May 12, 2012

We wish to evict our tenants and because they pay rent on time and complain much more then the rent they pay. They this year have violated the HOA by not maintaining the grass etc and we had letters from the HOA. Further they had left the grass too long last year too. But now the grass has been cut. Is this enough for us to try to serve them a notice of eviction? What can we expect? Thank you.

Help the community by answering this question:


Have you sent them notice each time there was a violation? Have you documented that you sent it to them? Does it state in the lease how many violations prior to an eviction being warranted? If not these are the steps that you need to take. Although you are frustrated because of their complaints you must be sure to act with diligence because you are the one deemed as the professional in this situation. It might be best if you start considering a good property management firm. Although it cost you money, your losing more money because of the wasted time with this client and perhaps penalties or infractions that you might be receiving from the HOA. Not to mention ignorance of the law. Tenants tend to act correctly and adhere closely with the contract when their is a third party. A good management company doesn't cost you money it ends up MAKING you money. Give a few reputable ones in your area call and start interviewing them. Let them know you are interviewing and be honest about the situation. The few extra dollars you spend monthly will be worth their weight in gold for your peace of mind.

All the Best!
0 votes Thank Flag Link Mon May 14, 2012
one thing she has complained so much about are the window screens which we believe are fine. She doesn't like the look of them so wants them replaced. We have been told to just remove them but I am trying to confirm this with the county. Because if we remove them she might make more fuss. Again if we replace them she will then go on to complain about something else that does not need fixing or replacing. This is the pattern with our tenant.
Flag Tue May 15, 2012
Hello, I have emailed them about the violations and they corrected them once. There is no mention on the lease how many times they can violate before they break the lease. It just says if HOA regulations and rules are not followed it is a breach to the lease. We have consulted lawyers but it's a very tough situation sadly. I do feel that the law is hard on landlords but soft on tenants. We have been so stressed out with our tenant but have no way to get out of our lease. She simply chooses not to leave even with her full deposit. But continues to file complaints against. We have our agents involved already and they have just been trying to smooth out this situation but we are so stressed we feel anything that is done will not be enough for our tenant and so we are just stuck.
Flag Tue May 15, 2012
Don't know if you gave your tenants a copy of the HOA rules and regulations in addition to annotating in the least their responsibilities. If they weren't aware that they were responsible for cutting the grass and if they did not do it, that they were violating the rules, it might be hard to hold them accountable. I am not an attorney and don't know if getting the violations from your HOA is grounds for eviction. I would contact a real estate attorney and/or read up on tenants and landlord rights in the Virginia Landlord & Tenant Act. (VLTA). Google it for information.
0 votes Thank Flag Link Sun May 13, 2012
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