Legal Question in Real Estate Law in Virginia

I have a court date for unlawful detainer of a foreclosed home on April 23. Do I have to be out of the house on that date?


Asked on 4/05/10, 11:32 am

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

If the court date printed on the form or legal document (usually an "Unlawful Detainer" form) is April 23, then NO you do not have to be out of the house by that date.

If you have any defense or anything to say you need to be in COURT on April 23 (assuming I understand that that is the court date you have been notified of).

If you are not there, there will be an order for you to vacate the house. If you are there, you might be able to persuade the judge to give you more time to move than if you don't show up in court.

NOTE, however: I don't know what the court has ordered in foreclosure or what the arrangements are.

It is possible that the longer you stay in the house the more they will try to charge you for rent for the time you are there. I don't know if any rent applies at all or what the details are. But staying longer could be used as an excuse to charge you some rent.

But legally you do not have to be out of the house until the court date, and then the judge will order a specific date when you must be out.

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Answered on 4/10/10, 2:08 pm


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