Question from Landlord: I received a judgment for possession and rent against one of my tenants and an eviction is scheduled for next week, however the tenant now has a $0.00 balance. What are my options?
Answer: If you want to proceed with the eviction: You can move forward with the scheduled eviction so long as within 5 days of receiving payment(s) and prior to the eviction you have issued notice to the tenant that you accept the payment(s) with reservation of your right to proceed with an eviction and recover the premises.
In addition, once the judgment amount is paid in full, you must note it as satisfied with the court within 30 days of receiving the payment. If you want to cancel the eviction and allow the tenant to stay: You can cancel the eviction with the sheriff’s office and allow the tenant to stay at the property.
In addition, once the judgment amount is paid in full, you must note it as satisfied with the court within 30 days of receiving the payment. If the tenant falls behind on rent again, you may be able to avoid filing a new unlawful detainer and instead file a motion for a second writ of possession.
To do this, you will need to have served the tenant with notice that you accept the payment(s) with reservation of your right to proceed with an eviction and recover the premises in order to avoid filing a new unlawful detainer. Note that here may be additional requirements and/or limitations under the law to go this route.
This answer is specific to Virginia. Please call me for additional information if your property is located in Maryland or DC.
ABOUT CRYSTAL KRAMER
Crystal Kramer is an attorney in the Landlord Representation Group. Crystal’s practice is focused on representation of landlords and property managers of residential and commercial real estate in Virginia. This representation includes Fair Housing disputes and all litigation associated with lease disputes, including breach of lease, unlawful detainer actions, and tenant’s assertion actions. You can connect with Offit Kurman via ourBlog, Facebook, Twitter, Google+, YouTube, and LinkedIn pages. You can also sign up to received Law Matters, Offit Kurman’s monthly newsletter covering a diverse selection of legal and corporate thought leadership content.
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