Verbal Rental Agreement and Evictions in Virginia
Part of my spouses salary was a house and utilities. He was fired 11/14/2011 and the man said we would need to start paying rent and utilities. (He held my spouses last pay saying no money to pay him 500.00 due) We had a verbal agreement for December which was come up with as much as you can and then January it would be 665.00 rent plus utilities. I printed out a month to month contract to sign with him on December 1st stating the verbal agreement. We attempted to make a payment, he actually assaulted my spouse in front of me and our 3 year old, assault charges were filed. He then sent a letter on 12/8 stating we had 10 days to vacate due to non payment of rent and it also said if we did not vacate the sheriff's office would be called immediately to evict us. I did call and talk to the Sgt. And he said the guy would have to evict us that the police could not set us out without a court order (come to find out he doesn't own the house, someone else does)I do not believe we fall under the VRLTA, however, inst the eviction process the same? He must go to court after the 10 days are up and file papers and we then go to court. If that is not correct can someone point me in the right direction? We did call legal aid and were told he would still have to go to court that Self help eviction is no longer allowed in VA. Also I am disabled, we have a 3 yr old and he did not keep up with the original agreement with utilities as he did not fill up the oil tank for heat when it got cold, said he could not afford it. Any suggestions?