Hampton, VA asked in Landlord - Tenant for Virginia

Q: Can a landlord evict with reservation twice?

I had an eviction in March, paid it before the court date, the landlord said it was an "eviction with reservations", never gave me paperwork. I found out because I fell behind due to the pandemic, he then file the eviction. He went completely through with the eviction, I paid that in full and he allowed me back in and then texted me something about "eviction with reservations" but I don't know how he can keep doing it or can he continue to do it?

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2 Lawyer Answers
Steven Krieger
Steven Krieger
Answered
  • Landlord Tenant Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: If you were fully caught up, there is no "reservations." You fully redeemed the property, but if you fall behind again, then the landlord could issue you a new default notice and file for eviction. If you decide to hire an attorney to help, I'm sure anyone would responds would be happy to assist. Good luck.

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

A: In Virginia, a landlord is permitted to proceed in court against a tenant who has not paid one or more rental payments, and if the tenant makes the back rent payments, the landlord is permitted to accept the rent "with reservation of rights" to continue with the eviction process. If you think you were harmed in some way, you should seek a formal opinion from an attorney in the city/county where you reside.

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