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Q: We have a tenant who we believe is engaging in behavior that is making other tenants in the property unsafe. We have indications that he is dealing drugs out of the property. What can we do to try and remedy the situation?

A: The VRLTA allows for an immediate termination (meaning no notice is required to the tenant) if the tenant is doing something that “constitutes a criminal or willful act that is not remediable and that poses a threat to health or safety.” Va. Code § 55.1-1245. That same code section also clarifies that any illegal drug activity would be considered a “criminal or willful act.” If you have evidence that the tenant is in fact dealing drugs, you can send a notice that terminates the lease effective immediately. While you do not have to prove that the tenant is guilty beyond a reasonable doubt (as a prosecutor would), you would need to provide some evidence that shows that the tenant was likely engaged in such behavior. 

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