Lorton, VA asked in Products Liability and Landlord - Tenant for Virginia

Q: I have evicted a house guest. Can I place their items outside?

I had a house guest that overstayed their welcome. They signed a 30 day eviction notice and left without argument. However, they left items in my house that take up space I need to use. I made arrangements to be home for them to pick up the items and they didn't come. I've given them a deadline. Can I legally place these items outside?

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

A: A guest who was offered to come to pick up their belongings and did not show up at the appointed time has abandoned their property and the owner of the house/premises can dispose of them as he/she sees fit.

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: While you could simply dispose of it, you run the risk of a judge seeing things differently and making you pay for the extremely valuable stuff (which you never saw) the 'guest' claims was left in the house. Instead as this happens fairly frequently, I have a suggestion which costs a little but could save you in the long run:

1) send a letter (both US Mail and Email it) that in 21 (or 30) days you will put the stuff in a storage unit, send the key and a bill for the storage and your time moving the stuff. After the time is up

2) rent a storage unit and pay the minimum you have to (2 months rent is good)

3) carefully move the stuff to the storage unit (have some friends video-document the process)

4) by certified mail, send the person the key and rental contract to the unit;

5) KEEP COPIES/RECEIPTS/PROOF OF DELIVERY).

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