THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, August 26, 1995 TAG: 9508240428
SECTION: REAL ESTATE WEEKLY PAGE: 04 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: BY WILLIAM MAZEL
LENGTH: Medium: 58 lines
Q. A short time ago I rented an apartment and nothing was stated in the lease as to where I was to pay the rent. I waited for the landlord to come to the apartment to collect but he never did so.
He later told me that the tenant has to pay the rent where the landlord lives. Is he correct?
A. The landlord is wrong. If the lease does not state where the rent has to be paid, the landlord is required to receive the rent at the location of the leased property.
That means that the landlord has to go to the apartment to collect the rent. However, most leases do state a location for the payment of the rent. Your landlord just goofed. Rental rulebook
I am still receiving questions on how to obtain the Virginia Residential Landlord-Tenant Handbook. Write to the Virginia Department of Housing and Community Development, Division of Housing, 501 N. 2nd St., Richmond, Va. 23219, and request a copy. Eviction lesson
I have had several landlords contact me for information on how to collect delinquent rent. I want to point out again that, if your tenant is delinquent, the first thing you do is give him five days notice in writing to pay the rent or move.
If the tenant has neither moved nor paid by that time, go to the clerk of the General District Court, Civil Division, and file an unlawful detainer warrant. You also ask for your delinquent rent at the same time. Later, you will go before the court and present your evidence and the court will grant you a judgment and a right to evict the tenant.
Once the court has rendered its decision, go back to the clerk and ask how to go about evicting the tenant. Someone will give you the procedure and help you with the forms.
If you have possession of the premises and there is still a delinquent rent owed and you have a judgment for that rent, you need to know (1) where the former tenant has moved, (2) the name and address of his employer and (3) the former tenant's Social Security number. With all that information, you can attempt to garnishee the former tenant's wages or attach personal property belonging to the tenant.
However, if the former tenant does not have a job or any property, that person is described as ``judgment proof,'' which means that you are not going to get any money and, therefore, do not waste your time. MEMO: William Mazel is a retired lawyer. Send comments and questions to him at
Real Estate Weekly, 150 W. Brambleton Ave., Norfolk, Va. 23510.
by CNB