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-   -   Henrico county eviction (https://www.askmehelpdesk.com/showthread.php?t=669814)

  • Jun 11, 2012, 09:17 PM
    drProf2012
    Henrico county eviction
    So I showed up to work a week ago and the locks were changed. Apparently my employer hadn't been paying rent. There was a notice from the property owner stating that it is unlawful to enter etc etc. It didn't look like a county/sherif's notice. Just a letter printed out on their letter head. I asked my bosses and they sad they weren't surprised (since they knew they weren't paying rent) but they claim they were not given any notice that we were going to be locked out. I called the contact on the notice that day (and twice more since) to try to find out how to get my personal belongs out of the building, and I haven't received any response. I was considering calling the county sherif's department. Any thoughts on this situation would be helpful. Can they legally lock us out with going through the eviction process with the county, more importantly, can they hold the belongings of employees the company considering we having nothing to do with paying the bills?
    Thanks in advance for any info.
  • Jun 12, 2012, 06:51 AM
    JudyKayTee
    Have you contacted the landlord and explained the situation?

    Your employer was locked out. This is his fight as far as what the landlord can and cannot legally do.

    Your belongings SHOULD come back to you. Do you have an itemized list and any proof they may want?
  • Jun 12, 2012, 07:25 AM
    drProf2012
    Quote:

    Originally Posted by JudyKayTee View Post
    Have you contacted the landlord and explained the situation?

    Your employer was locked out. This is his fight as far as what the landlord can and cannot legally do.

    Your belongings SHOULD come back to you. Do you have an itemized list and any proof they may want?

    The day the notice was posted I called the contact listed on it. I explained everything to this person. He said "it shouldn't be an issue but let me talk with the property owner". He was supposed to call back the next day but never did. Since then I've call twice more but only gotten voicemail. He has not returned either message.
    I do have receipts for some of the stuff, but not all. I'd been with this company for 12 years, Things tend to accumulate in that time. Certain receipts I just don't keep that long.
    Is it worth a call to the Sherif's office, or would I not have legal standing since I'm not technically the one that was evicted?
  • Jun 12, 2012, 07:48 AM
    AK lawyer
    Quote:

    Originally Posted by drProf2012 View Post
    ...
    Is it worth a call to the Sherif's office, or would I not have legal standing since I'm not technically the one that was evicted?

    Yes, it would be a good idea to call the sheriff's office. You were not ousted, but it is your stuff to which you are entitled.

    Some states still allow a landlord to hold personal property until past-due rent is paid. This would be called a "landlord's lien" or "distraint for rent". I don't know if this is true in Virginia, but it wouldn't apply in your case anyway because you are not responsible for the rent.

    Also in many places it is illegal to lock a tenant out without first getting a court order. That may not be the case with respect to a commercial lease such as this.

    Thanks, by the way, for making me look up Henrico County. I didn't know before where it is. I have discovered that it is one of the oldest counties in the U.S. and has quite a history. :)
  • Jun 12, 2012, 09:34 AM
    drProf2012
    Quote:

    Originally Posted by AK lawyer View Post
    Yes, it would be a good idea to call the sheriff's office. You were not ousted, but it is your stuff to which you are entitled.

    Some states still allow a landlord to hold personal property until past-due rent is paid. This would be called a "landlord's lien" or "distraint for rent". I don't know if this is true in Virginia, but it wouldn't apply in your case anyway because you are not responsible for the rent.

    Also in many places it is illegal to lock a tenant out without first getting a court order. That may not be the case with respect to a commercial lease such as this.

    Thanks, by the way, for making me look up Henrico County. I didn't know before where it is. I have discovered that it is one of the oldest counties in the U.S. and has quite a history. :)

    Thanks for the reply, I'm not a VA native but I have to say Henrico is one of the nicer places I've lived. :)
    I spoke with the Sherif's office, they said since the eviction wasn't processed through them it's not their thing. They recommended I call the police. The person there referred me to the magistrate, who was not available so I had to leave a message. This really is a pain. I spoke more with my company's owner. They apparently have missed some rent, but they were not notified that the building would be locked at 'x' time or date. So I'm worried that the landlords will just up and trash everything, or worse auction it off, also without notice.
  • Jun 12, 2012, 09:58 AM
    AK lawyer
    Quote:

    Originally Posted by drProf2012 View Post
    ... I called the contact on the notice that day (and twice more since) ...

    Quote:

    Originally Posted by drProf2012 View Post
    ...I spoke with the Sherif's office, they said since the eviction wasn't processed through them it's not their thing. They recommended I call the police. The person there referred me to the magistrate, who was not available so I had to leave a message. This really is a pain....

    Looks to me that it's a self-help eviction, no court or police involved. I wouild send a certified letter to the landord's contact and demand return of a specified list of items, making clear that they are your personal property. You might notify them that they will be held responsible if your property is not returned to you in good shape.
  • Jun 12, 2012, 10:09 AM
    Fr_Chuck
    Commercial eviction is not like residential, and yes normally they are allowed to just lock the business out, and then go to court for payment

    This is in most areas I have lived, remember this does no work like your home.

    In many areas the property inside can be held and even sold if payments are not received.

    You will have to provide proof perhaps that this is your property. If it is things like you're your photos, desk items it may not be a issue. If you have large tool boxes full of tools, they will want proof they are yours most likely.

    You may have to even file suit for he value of them in court to get them to respond

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