Q: Tenant stopped paying and living elsewhere past 2 months; said he'd hand over key but hasn't yet. What do I do next?
In May, here in VA, I had a no lease tenant rent a room in my home, temporarily, while he waits for his divorce to go to trial. In the meantime, he quit paying rent, then started living with his girlfriend in October. He came back several times in November to pick up belongings. During his last visit, just before Thanksgiving, he communicated that he would give me my keys back in December. I have not seen him since. He does not receive mail here and he never changed his drivers license or registration to reflect that he lived here. Can I change the locks and move his stuff to storage?
A: Do not remove his property without first having scheduled a consultation with a lawyer to discuss your rights. There are certain steps that need to be taken to safe guard the property even if he has properly vacated the property. Virginia law requires very specific steps to be taken in order to not be liable for any damage to abandoned property. Call a lawyer soon to determine what steps need to be taken.
A: Based on the facts you stated that the person was a tenant, you will be required to proceed with an unlawful detainer. You should call the court to ask what you need to do.
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