State Specific Question About: VIRGINIA (VA)

1. Tenant stopped paying and refuses to answer phone to discuss matter

2. I know to send late notice and pay or quit

3. I know Im have to get court date to try and get unlawful detainer

Here are my questions:

1. If she is still in the house after judge grants me possession, what agressive measures can I take? Can I have her car removed from my property, what about her things? Am I responsible for safekeeping her items even after I am granted possession

2. Can I contact the sherrif and declare her as a tresspassor and have her arrested if she refuses to leave

Once a judgement is made for an eviction, the case is turned over the the appropriate law enforcement agency who will contact you regarding the date of the eviction.

They will be present to make certain the eviction (if she still is present) goes smoothly. Until the eviction is scheduled, you can't go over there and toss her or her things out, steal her car, etc. etc.

You need to understand the process, and y9u need to put aside your personal feelings. This is a business.

I don't know VA prctice, this is a general explanation of general law.

When you win your Unlawful Detainer, the Court will issue an order granting you possession -- often called a Writ of Possession, informally known as a kick-out order.

The Sheriff or Constable or Marshal or other Court/Law Enforcement will serve the kick-out order on the tenant. In Vegas, they post a 24 hour notice on the door warning the tenant that they will be serving the kick-out order the next day.

When the Sheriff dees the kick-out, in Vegas, he has a locksmith change the locks and gives the new keys to the LL. He might allow the T a couple of hours to remove their things.

In some jurisdictions, the LL brings in some laborers who move everything inside to the curb, and just dump everything there. I have to store all of the property that has been left. I can give notice tot he tenant and then after 30 or 45 days (I forget which), I can sell it off or throw it out, in a commercially reasonable fashion. (It is not commercially reasonable to try to sell junk, but for valuable stuff, it is unreasonable for me to throw it out.)

So, to answer your specific questions:

1. You cannot have her car towed or her stuff removed until the sheriff (or similar type person) removes her. That can take a week or more after the judge gives you possession. The judge just issues an order, it is the Sheriff who gives you possession.

2. If she refuses to leave when the Sheriff comes out to enforce the writ of possession/kick-out order, he will arrest her. That almost never happens. If she later returns, after she has been kicked out by the Sheriff, they will arrest her for criminal trespass. I've had that happen, the evicted tenant breaks in and resumes occupation of the home.

3. When a tenant has stolen my appliances, I have usually been told by the cops "it's a civil matter" and they refuse to complete a police report for theft. I called the cops on a tenant who was loading my major appliances into a U-Haul, and got this "it's a civil dispute" crap. Cops are not very helpful to LLs.

This is already the 8th. You are giving her free rent. It will be even more by the time you can file.

If you really wanted her out that bad, you should have started eviction on the 2nd. Yes, NOW you know that. And why.

Don't bother trying to contact her. she knows why you are trying to get ahold of her and she doesn't want to contact you. Just issue the notice. Cease all contact after that.

If you don't know the correct procedure and don't follow it exactly you may have to start all over again. In Ohio even the size of the type matters. The waiting period between the notice you post and the ocurt filing and the way the form is delivered matters. The way it is worded matters. You would not want to have her evicted only to find she has a boyfriend there who gets to stay since you only had her evicted since you worded it wrong.

Let a professional handle it.

The things you are asking about can get you arrested if you do them. The judge who hears the eviction would throw the book at you and worse, would remember you the next time you were in court for a LL-T matter. The judge would not listen to anything you have to say. Your tenant skips scot free. It's that serious.

Get a lawyer who specializes in LL-Tenant law. They usually charge a flat fee.

I think Mike45 hit it on the head (and I don’t always agree with him)! Get your emotions out of it- this is a business!

Sounds like you are trying to somehow get even rather than just getting rid of the problem.

Follow the laws or you will have a tenant that gets even with you.

@RP: You mean I've said things in the past that someone could disagree with???? What a shocking idea!!!

Visit your court on eviction day and watch several actions. Take notes and names. Ask attorneys for the card if you think they look good.

We go it alone here in Ohio and it has worked for us. Reading the Virginia law via the link at the top of this page, it looks pretty tenant-friendly in your state. You don't want to make a mistake in court. Judges don't have much tolerance for it and you end up losing money if you fail to win your case.