Mount Airy, NC asked in Landlord - Tenant for Virginia

Q: Is it legal for a landlord tot keep all your belongings and kick you out even without an eviction notice.

My landlord is telling us to get out and leave all our belongings (furniture and truck) there until he gets all his money and he has not even given an eviction notice to us.

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2 Lawyer Answers
John Andrew Maghamez
John Andrew Maghamez
Answered
  • Richmond, VA
  • Licensed in Virginia

A: Most likely no, but it may depend on what the lease says and whether he is subject to the Virginia Landlord Tenant Act. Contact an attorney.

F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Your Landlord has no right under Virginia law to tell you to leave the Premises and leave your personal items at the Premises. In addition, a landlord has no right to "self-help" (such as changing the locks) in a residential lease situation in Virginia. The legal procedure for a landlord in order to retake possession is to file an Unlawful Detainer and seek a court order for possession and for the unpaid rent. After the ruling by a judge, there is a 10 day period before the judgment is final. After the judgment is final, the landlord can request from the court a "Writ of Possession" which is also know as an eviction notice.

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