Winchester, VA asked in Landlord - Tenant for Virginia

Q: I rented a room from a friend,he kicked me out, no warning,his gf kept all my belongings what can I do to get it back?

I lived with him for 6months paid rent on time 2 months ahead actually. One day he tells me get out I was hospitalized due to my health and now his gf refuses to give me all my stuff she kept what she wanted and gave me a basket of trash and clothes random things. I just want my things.

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1 Lawyer Answer
Maria T Patente
Maria T Patente pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • Manassas, VA
  • Licensed in Virginia

A: I'm sorry this happened to you. If you lived in Virginia, it sounds like you have been "Unlawfully Excluded" from your residence, which is unlawful under Section 55.1-1243.1 of the Code of Virginia. If a judge finds that you have been unlawfully excluded, the judge can award you numerous remedies, including (i) statutory damages of the greater of $5,000 or 4 months rent; (ii) actual damages (iii) possession of the premises (iv) attorney fees (v) court costs (vi) termination of the lease. Many judges will also take actions for you to recover your personal belongings.

Virginia General District Court is form driven, and a Petition for Unlawful Exclusion is commenced by filing form DC-431. You should consult a lawyer before filing your petition.

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