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Help need to evict the sublease tenant


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#1 landlord_va

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Posted 15 April 2013 - 08:17 AM

I have a rental property (SFH) in Fairfax Virginia. I have rented the house to this family since 2010.
The SFH is a rambler and the tenants’ parent live in the lower level (basement).
In 2011, their parent moved out, I gave them the permission to rent out (sublease) the basement
but this rental lease/agreement for the basement is strictly between the primary tenants and the sublease tenants
I was not involved in the rental leasing processes. The primary tenant had rented out/sublease
the basement to another family (Mother and son). According to the primary tenants, the sublease contract
expired in Oct 2012 and the primary tenant had notified the sublease tenants not to extend the lease and move out
from the house. Since then the sublease tenants had not pay any rent and refused to move out, the primary tenant
then filed the eviction process against the sublease tenants in Jan 2013, in Feb 2013, the local Sheriff
had come to the house to evict the sublease tenants, however one of the sublease tenants (the son) had filed
the bankruptcy back in 2012, according to the Sheriff since the sublease tenant is pending for the bankruptcy,
by law they cannot be evicted. The tenants then filed emotion complain to the court and asked the judge to lift
the bankruptcy against the eviction in March 2013, however the Judge said the sublease tenants are protected by
the bankruptcy and immune from the eviction for another 6 months. The judge did indicated to the primary tenants
that while they are running out of option, the only possible way is to ask the real "landlord" to pursuit
the eviction process against to sublease tenants.
That being said, what do I need to do to evict the sublease tenants ?



#2 Guest_FindLaw_Amir_*

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Posted 15 April 2013 - 10:51 AM

You may want to read the Code of Virginia: Chapter 13.2 - Virginia Residential Landlord and Tenant Act. I also suggest you visit the Real Estate Law Center and read Landlord Tenant Law as a good resource to learn more about this subject matter.






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