Arlington, VA asked in Landlord - Tenant for Virginia

Q: Can my Landlord evict me after finding out that were are paying the court instead of to him?

We were ordered by the court to send our rent payments to the court, because our Landlord owes a bank payment for the house we are renting. Please, we need some advice on if we should move out in the next 21 days or what?

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1 Lawyer Answer
Derek Allen Colvin
Derek Allen Colvin
  • Virginia Beach, VA
  • Licensed in Virginia

A: An attorney would need to understand your goals to fully answer this question. Generally speaking, what you "should do" depends on what you want to do in this case. It sounds like you were sent a garnishment order. If so, that is a valid court order and your rent payments are being redirected to someone (the bank) with a valid judgment against the landlord. Following a court order would not be grounds for eviction. Eviction is permitted only pursuant to the terms of Virginia Code 55.1-1315. I suspect the court would not look kindly on the landlord trying to evict a tenant for sending rent to a court pursuant to its order. You should speak to local counsel if you have been served with an eviction or if you want the attorney to proactively contact the landlord. An attorney can give you a better answer when they know all the facts.

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