State Specific Question About: VIRGINIA (VA)

tenant abandons unit-evidence below

1. next door neighbor sees them move

2. All utilities off

3. Rent not paid this month

4. Beds and furniture gone

5.tenant not reachable

I understand 5 day pay or quit, file UD with court for judgement and possession and get writ

I would ask the police to enter the home with you and agree that the tenants have moved out. The police can question the neighbors and put it in their report

Then I could get confirmation from the utility's that power, water and gas have been shut off by tenants request.

I would contact the post office and confirm mail has been forwarded.

Don’t do any of the above. Enter (again), take pictures, change locks, clean, fix, recent. Send accounting of deposit to your tenant’s last known address (yours) save it when it is returned by the USPS.

Get in there.

All my courts in our different areas, would agree you have enough to assume they have vacated the property.

And you have the right and duty to enter and check the property and see that it is secure.

You could post 24 hours notice first. But I myself would not waste the 24 hours of time and have been doing this for 30+ years. With the evidence you have.

You need to see what you have and what it will take toget it ready to go again.

If they still have items in there. Then post 24 hours notice before you change the locks. Change locks on the first since so close.

Forget the UD. Wait until your have a total and do a Warrant in Debt.

In NC the removal of the tenants property is evidence that the tenant has abandoned the property. See if your local laws are the same.

rw of VA, Get a copy of the landlord tenant law for VA. Read the abandonment part of the law. HOWEVER you have neighbors witness move out and utilities off and furniture is gone. PLUS they are not answering your phone calls. Unfortunately at this point you have a unit that you do not know where the keys are and IF the windows are not covered possible break-in.

How does your lease address abandonment. Then go by what the lease says.

If you do enter the unit I would tape black plastic bags to the windows on the first floor so no one can see that its vacant. Post no trespassing signs on the front and back doors.

Also do the 'Return Service Requested' on every mailing to the tenant.

Take pictures of everything.

AND make certain they do not leave food in the fridge, that can become nasty. Check toilets too due to not flushing...

Call the water authority and ask when they turned off the water service and if there are any forwarding address asking for their deposit. Also check if there are any delinquent water bills too. Not sure IF your water authority requires a deposit??? Its worth a try...

Front and back door posted will be your 24 hour notice to enter the unit. THEN

I'll address your original points one at a time, the way it works in my state. YMMV.

1. next door neighbor sees them move. Irrelevant.

2. All utilities off. Possibly relevant. Lends credibility to belief of abandonment. See below.

3. Rent not paid this month 100% relevant. This is a primary requirement for abandonment: "Rent unpaid for 30 days".

4. Beds and furniture gone. Possibly relevant. Lends credibility to belief of abandonment. See below.

5.tenant not reachable. Irrelevant. Cell phone may have been lost or died. Post notice on the front door.

Every state has it's own process for determining abandonment. In my state, ALL OF THE FOLLOWING must have happened:

1) 30 days of unpaid rent.

2) There is no reason to believe the tenant intends to return during that period. This is where things like utility shut off and/or removal of key items (i.e. beds, couches, edible food, etc) comes into play.

3) Notice of abandonment posted.

If all those have occurred, I can take possession of the premises without going to court. HOWEVER (here's the caution) if the tenant ever wanted to sue me for wrongfully depriving them of their home, I would have to have proof of all of the above to successfully defend myself. Take pictures, take videos, take witnesses who will show up in court (neighbors probably won't...that's why I list them as irrelevant).

I would get copy's of the utilities being turned off for the record. I would try calling them and asking -- "are you done in the house" or leave them that message. I would like you to surrender the home back to me since it is vacant reason is "I can relieve you of further / future responsibility and debt".

I would than go over to the property to see if the keys were there on a counter or in mailbox. Take pics inside and out for the record. Keys are there and home empty-- take it back. Remember if you see abandonment-- you have a responsibility to "PROTECT" the property.

Follow through with you court dispossessary don't stop that.

NOW the biggie-- you have to decide if your willing to take the chance and start rehab and turning the house? I do it all the time but it's a decision you have to make-- should I or not.

I think your on solid footing but without the court giving you possession (the legal way) or tenants returning the keys-- your hanging in the wind.