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silvermerc · Dec 29, 2005, 09:08 PM

Hi I'm from Virginia... I have a house a just rented out for the first time... as the tenant are nice they have broke the lease agreement and subdivision laws... I have giving them several warnings in person and then sent them a written notice... im not sure if I did the written notice by law and to the T... I need to give them a 30 day notice and have them clean up the broken down cars and bus they moved in... can you please tell me what virginia law says and what I need to do... thank you
Michelle:confused:

Fr_Chuck · Dec 29, 2005, 09:45 PM

I can't tell you a lot about VA, but here in TN, the written notice has to be in a form with proof of delivery, just handing it to them does not work.
So it has to be certified.

We give written notice ( then of course after they don't sign for it, it comes back but that is still proof of attempt of service)

You then have to take it to the circuit court and file for an evection hearing.
That will be set in about 2 weeks from when you file.

Then you get a hearing and the judge will issue an eviction notice, which goes to the sheriff office to be served.

You will have to be there ( or your agent) you are then allowed when she sheriff people are there to sit everything on the curb. The sheriff office does not carry it out, so hire some help to be there.

Also some areas have fines for things sitting on the road, so after you sit it out there, if it sits over night, the city may fine you. ( not in my area but I was told about this on another queston board some time ago.

Your area may be different but here it takes about 60 days to actually get them out of the house, plenty of time to destroy most of everything.

fredg · Dec 30, 2005, 06:56 AM

Hi,
Since I am not a Professional, I won't give any suggestion on my own.
I, too, live in Virginia... great state!
I would go to the Magistrate of your local county, ask what to do. In that way, you will "covered" and do it right.
Happy New Year.

mr.yet · Dec 30, 2005, 06:56 AM

Originally Posted by silvermerc

Hi im from Virginia...........I have a house a just rented out for the first time...as the tenant are nice they have broke the lease agreement and subdivision laws...i have giving them several warnings in person and then sent them a written notice....im not sure if i did the written notice by law and to the T...I need to give them a 30 day notice and have them clean up the broken down cars and bus they moved in....can you please tell me what virginia law says and what i need to do ..... thank you
Michelle:confused:

THis is the Virginia Code, copy and paste it link does not work. Hope this helps.

http://leg1.state.va.us/cgi-bin/legp...0+cod+55-225.4

LisaB4657 · Dec 30, 2005, 06:23 PM

While it was very kind of mr.yet to get the Va. Code for you, sometimes reading the laws can be difficult. Go to http://findlaw.realestate.com/landlord and read about evictions in general. Then click on the Resources link. There are publications for each state and you should be able to get all of the info you need to start a lawsuit for eviction. Good luck!

RickJ · Dec 30, 2005, 06:47 PM

Here are the exact steps that a person in VA must take to evict someone:
http://leg1.state.va.us/cgi-bin/legp...+cod+55-248.31

And there's an FAQ page here:
http://www.vdacs.virginia.gov/consumers/f-landlord.html

silvermerc · Jan 6, 2006, 05:49 AM

Just wanted to thank everyone that sent me a response about evitions. It was very helpful and I hope one day I can do the same for you.
Have a happy new year and once again thanks
Michelle:D