 Landlord Lockout (by Mike [VA]) Dec 30, 2016 4:25 PM
 Landlord Lockout (by Moshe [CA]) Dec 30, 2016 9:44 PM
Landlord Lockout (by plenty [MO]) Dec 31, 2016 4:05 AM
Landlord Lockout (by Barbara [VA]) Dec 31, 2016 4:41 AM
Landlord Lockout (by WMH [NC]) Dec 31, 2016 6:45 AM
Landlord Lockout (by Vee [OH]) Dec 31, 2016 7:04 AM
Landlord Lockout (by Original Poster [VA]) Dec 31, 2016 4:17 PM
Landlord Lockout (by nhsailmaker [NH]) Jan 1, 2017 6:03 AM
Landlord Lockout (by WMH [NC]) Jan 1, 2017 7:55 AM
Landlord Lockout (by Moshe [CA]) Jan 2, 2017 10:57 AM
Landlord Lockout (by Original poster [V]) Jan 2, 2017 12:38 PM
Landlord Lockout (by Moshe [CA]) Jan 2, 2017 1:34 PM
Landlord Lockout (by Barbara [VA]) Jan 2, 2017 3:09 PM
Landlord Lockout (by Mike [VA]) Posted on: Dec 30, 2016 4:25 PM
Message:
State Specific Question About: VIRGINIA (VA)
Once I have a writ of possession in Virginia, why can't I change the locks and shut off the utilities?
--100.36.xxx.xxx |
Landlord Lockout (by Moshe [CA]) Posted on: Dec 30, 2016 9:44 PM
Message:
Because only law enforcement can physically evict the tenant.
Changing locks and shutting off utilities constitutes a "constructive eviction". It is forbidden for you to do it yourself, and the penalty can be moderately severe (into 10's of thousands of dollars). Its not worth it for you to expose yourself to a lawsuit by tenant. Instead of his owing you money, you could end up owing him a lot more.
The judgement says that the judge has ordered that he be evicted, now you have to wait for law enforcement to carry out the judge's order. Remember that, until the tenant has actually been evicted, and law enforcement says to you that you now have possession, the tenant can always file further motions, legitimate or not, that will stay law enforcement action until the judge hears the new motion and decides on it.
--47.139.xx.xxx |
Landlord Lockout (by plenty [MO]) Posted on: Dec 31, 2016 4:05 AM
Message:
How many days do you have to wait? Waiting is the hard part. Think if something to do while u r waiting --66.87.xx.xx |
Landlord Lockout (by Barbara [VA]) Posted on: Dec 31, 2016 4:41 AM
Message:
Look on the brite side. We have it so much easier than other states. Use this time to get your plan together. Get supplies gathered, team lined up, add ready to go etc.
--68.107.xxx.x |
Landlord Lockout (by WMH [NC]) Posted on: Dec 31, 2016 6:45 AM
Message:
I agree with Barbara. Just sit tight until Sheriff executes the writ.
I called mine directly the day I got it, to be sure he was aware of it and I'm glad I did. He was very helpful and served it that day, and then we just waited the required time until lock out.
He accompanied me to lock-out - tenant was gone and power was off - and posted a NO ENTRY notice for me. Per NC rules, because there was still stuff (junk) in there, we had to give him x number of days to contact us to get it back, but he never did. We just stored it in a shed on property and took it all to the dump when time was up. --173.22.xx.xx |
Landlord Lockout (by Vee [OH]) Posted on: Dec 31, 2016 7:04 AM
Message:
Wait the 7 days and rest up, get trash bags, simple green cleaner, best thing to bring is a well rested body so you dont say something to trigger a bad situation worse - James we just have to follow the court orders, we both must listen to the deputy here. Rent some movies and like they said in the ice movie -let it go, let it go- --76.188.xxx.xxx |
Landlord Lockout (by Original Poster [VA]) Posted on: Dec 31, 2016 4:17 PM
Message:
Virginia is said to be landlord friendly but really is more like "not as anti-landlord as some other states".
It seems to me like an order of possession should mean just that. Once you have that, you should be able to call the cops and have the bums tossed out as trespassers. Of course the cops won't do that. However I read that if you engage in any self help, the sheriff may refuse to do anything. So I will have to wait.
I like the suggestion to contact the sheriff right away. The squeaky wheel gets the oil! --100.36.xxx.xxx |
Landlord Lockout (by nhsailmaker [NH]) Posted on: Jan 1, 2017 6:03 AM
Message:
I have not done any evictions in so long I cant remember. I own a 20' shipping container - I would use that time use that time to have my 20' storage container delivered - then they know we are for real and their stuff will be removed and locked up. If they move ..... then I have a great storage place to do turnovers. My son in law has towing company. Evicted tenant once paid to have container delivered to new abode - where we opened the doors and tilted the truck bed and the stuff just rolled out as he drove away --96.61.xx.xx |
Landlord Lockout (by WMH [NC]) Posted on: Jan 1, 2017 7:55 AM
Message:
Contacting the sheriff was DH's idea, and he was right. The guy was very responsive. If I had just let the process take place he would not have received the paperwork until at least the next day, and then weekends, etc...Calling him was the right thing to do. --173.22.xx.xx |
Landlord Lockout (by Moshe [CA]) Posted on: Jan 2, 2017 10:57 AM
Message:
" It seems to me like an order of possession should mean just that. "
It does (mean just that).
But it is an order to law enforcement, not to you.
You got a JUDGEMENT. Thats a decision, not an order to you, to the tenant or to law enforcement. It means that the judge decided to grant your petition.
Then you got a WRIT. Thats an order TO LAW ENFORCEMENT to perform some service, in this case, to remove the tenant from possession and to restore possession to you.
The judge did not order YOU to remove the tenant from possession, indeed, that is forbidden to you. Only law enforcement can do this, and actually, even they can't do it unless they have been ordered to by the judge (via writ).
--47.139.xx.xxx |
Landlord Lockout (by Original poster [V]) Posted on: Jan 2, 2017 12:38 PM
Message:
Uh OK I know that. But I don't think it is right to enable professional liars, bums and chiselers to steal my house for a couple of months with no consequences. Now if someone borrowed your car and didn't return it as promised, would it be right to let him drive it around for a couple of months for free? --100.36.xxx.xxx |
Landlord Lockout (by Moshe [CA]) Posted on: Jan 2, 2017 1:34 PM
Message:
Good professional attitude. Who needs laws for protection?
--47.139.xx.xxx |
Landlord Lockout (by Barbara [VA]) Posted on: Jan 2, 2017 3:09 PM
Message:
I belive original poster is just venting. I share the exact feelings. --68.107.xxx.x |
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