Legal Question in Real Estate Law in Virginia

Eviction

I have a young friend who bought some rental property and until recently it has worked out well for him. He has been renting to a couple who paid their first months rent but haven't paid since. he gave them the 5 day notice and they still haven't gone. Another person i know that has property said that if he can move all of their possessions out before the sherriff is called that there is nothing they can do. This young man has Two jobs and a son he is raising on his own so he doesn't have time to be waiting for months for a court date. What i was wondering is this. Is it true and is it legal for him to set their belongings out. This is in Shenandoah County, Virginia, Thank You


Asked on 12/04/07, 9:17 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Eviction

No, this type of self help on the part of the landlord is specifically disallowed under applicable Virginia law and could make him liable for civil damages to the ousted tenant.

The landlord's proper remedies lie with with the general district court in a warrant for unlawful detainer for back rent and a writ of possession (for the landlord to lawfully resume possession of the rental premises).

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Answered on 12/04/07, 10:28 am


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