Tenant Sold Belongings Left For Use At Property
Location: VA, USA
We have been dealing with a difficult tenant and have offered several times to let her out of the lease early with no penalty. We are meeting our legal obligations under the VRLTA and gone beyond what we are required to do.
I was on Facebook trying to collect proof of posts indicating her intention of having an unauthorized tenant living in the home when I found her Facebook Marketplace account.
We had left some yard/home tools like a an outdoor wagon, shop vac, etc. for her to use while she is in the home as needed. There were other things in the shed she asked us to dispose of and we agreed to so she knows to ask before getting rid of anything and she definitely was not told she can sell our items.
To get to the point, she sold about $400 worth of our items on marketplace and one item still had my name and phone number written on it!
What I believe I am able to do:
- File a police report for the theft
- Serve her 30 day notice according to the VRLTA Landlord Remedies **55.1-1245:** "...Notwithstanding anything to the contrary, when a breach of the tenant's obligations under this chapter or the rental agreement involves or constitutes a criminal or a willful act that is not remediable and that poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession of the premises." If it wasn't clear she was not given any permission or indication to sell any of the items in writing or otherwise. I have text messages of her asking if we could remove items shown in a picture by her that we agreed to. None of the items she sold were the items we had removed.
Am I correct that under VRLTA I have grounds to serve notice? I will additionally consult an attorney as I have been regarding some other issues we've had with this tenant.
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