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mindy3

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  1. I am in VA state and I own few rental properties. One of my rental properties is available for rent. Yesterday I showed the property to one of prospects. There will be 4 adults + 1 child on the lease in case I rent out the property to them. They do meet the income criteria. Anyhow, one of the adults is a full time nursing student and won't be contributing toward the rent. My question is....should I get her screened for her criminal and credit background? Any help will be appreciated. Thank you
  2. I am in VA state and I own few rental properties. One of my tenants has not paid April and May rent yet. We did serve them 5 days to pay or vacate notice. Still she did not pay the April rent. My husband is a very lenient person and did not want to file the eviction in the court. Now the tenant has promised us to pay (by May 24), April rent + May rent along with late fee and bounced check fee. If she does not pay by May 24, I will file the eviction papers in the court. My question is...if the tenant pays ONLY May rent, but wants to hold April rent for financial reasons, then does the late fee apply only for April month rent or does the late fee keep on adding for the other months for April rent? The monthly rent is $1,350.00 and the late fee for April is $135.00. If the tenant does not pay on May 24, then should I charge another $135.00 late for April rent because she did not pay in May month either. Any help will be appreciated. Thank you
  3. I am a real estate investor and own few 3 level townhouses in VA state. I bought a fixer upper in summer of 2017, renovated it top to bottom with everything brand new. I rented out this property in Feb. 2018. This couple was making close to $80K at the time of move in. Got good rental references. They moved in by paying Feb. month rent + 1 month security deposit. Then they paid March and April month rent on time. From May month, they started paying the rent VERY late. They also argued with us to waive the late fee in spite of the late fee clause in the lease. Needless to say, we did not waive the late fee and from May 2018 to August 2018, they paid the rent quite late but with late fee. But they did not pay Sept. month rent, though they kept on telling us it is coming few days. We filed the eviction papers with the court. We had a hearing on Oct. 25. At that time, the tenant paid the Sept. + Oct. month rent with late fee for both the months. The judge decided that if the tenant pays Nov. month rent by Nov. 15 (it was fine with us though lease says by 5th of the month), he can stay. But if the tenant does not pay by Nov. 15, then eviction will happen. But yesterday, we received a letter from tenant's attorney that the tenant has filed chapter 7 bankruptcy. Needless to say, we are planning to call our lawyer tomorrow. But I still have some questions. 1...is eviction allowed in VA state during chapter 7 bankruptcy? 2....how long the physical eviction can take during chapter 7 bankruptcy? Any helpful tips for making this process smooth and less painful will be appreciated. BTW, the property is located in Frederick county in VA state. Thank you in advance. Mindy
  4. Hi, I am a real estate investor in VA state. I own 7 rental properties. One of these properties has been completely renovated and it is available for rent right now. It is a 3 level town located in Stephens City, VA which is south of Winchester, VA. Anyhow, today one of the prospects came to view the property and has expressed interest in filling the application. This family does meet the income requirement. Anyhow, they have 4 children and their oldest child is 14 year old boy and he happens to be Autistic. This couple brought all their other children with them to view the property except this oldest child with autism. I will love to rent out my house to this family as long as everything turns out fine with their background check. From my experience I have noticed that some people with autism are very loving and nice, but on the other hand some are very violent and aggressive. So the question is......can I ask this couple if their autistic child has any violent traits in his personality? I do not want my neighbors (at this property) to complain to me if this child is violent towards them when he interacts with their children if in case I do end up renting this property to this family. Any legal implications of asking this question? Thanks in advance! Mindy
  5. Hi guys, Yes, it is related to bats problem. Thank you for sending the samples/wording related to Force Majeure clause. I really appreciate it. Mindy
  6. Hi, I am a landlord in VA state. Does anyone use Force majeure clause in their lease terms? Is it allowed to be used in VA state? If it is allowed, does someone mind sharing the sample of this clause? Any help will be appreciated. Thank you, Mindy S.
  7. Findlaw_FN: Thank you for your post. I have already talked to 2 different lawyers on the phone. Both of them have told me that if tenant takes you to court, they won't win because they were not bitten or injured by the bats. They also told me that the burden is on the tenant to prove that the landlord knew about the existence of bats and did not do anything to take care of this problem. But the fact is that none of my previous tenants have ever complained about bats issue. The moment this new tenant notified me bats issue, I called Orkin right away. They have inspected, cleaned, sanitized the attic and have replaced with new insulation. This whole thing has been taken care in just 1 week. It has cost me about $2500, but it was emergency and I took care of this problem right away! Thanks for all the helpful comments.
  8. Hi, Sorry about that. You will have to excuse me for my ignorance. I thought since it is a web site related to legal issues, only lawyers were answering the questions posted by general public. Of course, I won't act on any thing without hiring an actual attorney who specializes in real estate. Thanks for all the help you have provided. I really appreciate that.
  9. adjusterjack: Thanks for your response. I am assuming that you are a real estate lawyer practicing in No VA area, right? If you are, then I will like to contact you privately.
  10. adjusterjack: Thanks for your response. This property is not under my name. It is under our LLC and through this LLC we own 5 rental townhouses. Will that make any difference in this case?
  11. I am a landlord and I own a 3 level townhouse in Manassas, VA I completely renovated the townhouse with everything brand new and rented the townhouse to a new tenant from Aug. 1, 2015. The new tenant moved in the townhouse on Aug. 7. This morning I received an e-mail message from the tenant that she saw 2 bats flying last night. She called the county animal control dept. and she was told that they should call pest control ASAP. BTW, this is my 4 tenant for this townhouse and none of my previous tenants have ever complained about bat problem. So I called Orkin company and I gave them tenant's phone no. to call the tenant to schedule the visit to investigate about bat problem. I also called the county animal dept. and I was told that the office opens at 10.30 AM and the tenant has to call to schedule the visit. So I sent an e-mail message again to schedule the visit by animal control dept. also. Around 3 PM this afternoon, I received a call from tenant's husband. He told me a little different variation of the story. He told that at 6 AM this morning, the animal control dept. did visit the townhouse and did not find the bat, but his wife never mentioned in the e-mail that animal control dept. did visit the townhouse. Then his wife found the bat in the master bathroom and they called the animal control dept. and they came again around 7.30 AM and their technician caught the bat. They have tested the bat and it turned out that bat had rabies. Now the animal control dept. has ordered them to get the entire family (husband + wife and their son) tested for rabies. The entire family has insurance through the husband. But his insurance charges $200.00/person as co-payment for emergency visits. So basically the tenant has told me to pay him $600.00 for emergency visit expense. I have also contacted my insurance company and I am waiting for their response. So my questions are... 1...do I have to pay this $600.00 as co-payment for emergency visit? 2...what are my rights as a landlord related to this issue? 3...how does VA state law apply to me and the tenant on this issues? Any help will be appreciated. Thanks in advance!
  12. mindy3

    Military Leave

    Hi, My husband and I own an IT consulting company in VA state (Washington DC metro area). We have 10 employees. I will like to know if our size small companies are required to give paid military leave or not. How about continuation of benefits during military leave? Any help will be appreciated. Mindy
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