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Q: I have a tenant in a duplex that I manage. The neighbors informed me this week that things had gotten much louder since “the new family” moved in. Apparently, the tenant on the lease is no longer living at the property, and a totally new family has moved in. They aren’t on the lease, and we have not gotten any request for a sublease arrangement. What can I do?

A: The Virginia REALTORS® lease is clear on two points. One, if a tenant allows any people who are not on the lease to stay for more than seven consecutive days (or more than 14 days total in a year), without consent of the landlord, the tenant will have defaulted under the lease. Second, a tenant is also prohibited from subletting all or a part of the property without consent of the landlord. Either way, this tenant is in breach of the lease. You should send notice of the breach to the tenant and, if necessary, begin the unlawful detainer process. 

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