McLean, VA asked in Landlord - Tenant and Foreclosure for Virginia

Q: In Arlington VA I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? I need assistance

In Arlington VA , I need to evict previouse owner from a foreclosed home. Is this a 3 or 5 days notice? advice ?

I need REASONABLE professional assistance.

1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: A former owner of real estate that was sold at a foreclosure auction becomes a tenant at sufferance after delivery of a deed from the substitute trustee. A tenant at sufferance is one who enters into possession of real property lawfully, but remains in possession unlawfully. After title to the real property is transferred by delivery of a deed, the previous owner no longer has rights to possession. While the new owner of the real property could use self-help remedies, provided they do not cause a breach of the peace, the safest method is to file an unlawful detainer for possession of the property. There is no lease agreement and landlord-tenant relationship between the new owner and the old owner. Nevertheless, the new owner could sue the old owner unlawfully in possession for the fair market rental value of the property while the old owner remains in possession.

As there is no rental agreement and no right to cure a default as exists with a landlord-tenant relationship, there is no required notice to a tenant at sufferance.

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