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rokolife · Jun 13, 2012, 07:36 AM

Hi
I filed for UD and a court date is assigned.
I have two question. After the court date, if I win the hearing, do I have to wait 10 days to get the sheriff out for eviction ?
And what if I change the house door lock, will I be arrested for that if I'm concerned about my safety as for this tenant ?
Thank you

AK lawyer · Jun 13, 2012, 07:47 AM

Originally Posted by rokolife

... if i change the house door lock, will I be arrested ...

No. Unless Virginia law is extremely different than everywhere else, you would not be arrested for what might be considered an unlawful ouster of a tenant, you could possibly be sued for damages.

Why not just ask the judge (or magistrate, or whoever presides at the hearing) to include a provision in the order allowing you to change the locks forthwith? You might have to make a showing about your safety concerns, but it doesn't hurt to ask.

rokolife · Jun 13, 2012, 07:56 AM

What damages? Are you referring to his stuff I wd be left at my place once I lock himout?
Its my first time and this is getting in my nerve by being inconciderate and disrespectfull!
I'm concerned about him breaking stuff up and I made the mistake of not having his ss#!!
Not fun!
Thanks

AK lawyer · Jun 13, 2012, 08:50 AM

Originally Posted by rokolife

what damages? are you refering to his stuff [?]

Not really. Or, at least, not necessarily.

Most states provide that to evict a residential tenant, you have to go to court and get a court order. You can't just take it upon yourself to force the tenant out by, for example, changing the locks or turning off the utilities. That would be called an unlawful "ouster" of a tenant.

The statute typically will provide a formula for damages. It might say, for example, one month's rent in addition to any specific damages. Damages in a particular case, if the tentant were to sue the landlord, might include, I suppose, the hotel bill for substitute housing during the period between the ouster and the effective date of an eviction order. It would also, certainly, include lost or damaged personal property belonging to the tenant.

Whether you can oust the tenant after the hearing and before the date at which the court rules that the tenant will be thrown out is an interesting question. But in order to answer that question without exposing you to potential liability, I am suggesting that you ask the judge at the hearing if you can change the locks.

Fr_Chuck · Jun 13, 2012, 08:54 AM

Yes, The court at the day of the hearing for the UD, will give a date for legal eviction, it is normally at least 3 days and can be longer depending on court schedule ( at least locally) legally you can not do anything till that date the judge gives, If you prove your case of a danger to persons or property, they may allow changing locks, but you could end up owing a lot of money if you change the locks prior to the date allowed by the judge.

rokolife · Jun 13, 2012, 09:55 AM

Thank you guys for taking the time and respond. As you can probably tell. I just became a member and you definitely helped!

rokolife · Jun 13, 2012, 10:03 AM

This is what I'm thinking!
I don't have the guy ss#.. So even if I win the case for x amount of money I won't be able to collect, or almost impossible..
He doesn't have mine either, so even if the Court allow him some money for damages, he simply collect either.. Ruther his loss then mine... For some reason the law make sense to me for the most part! No wonder why the economy is this mess up!
Thanks:)

AK lawyer · Jun 13, 2012, 10:22 AM

Originally Posted by rokolife

...
I don't have the guy ss#.. So even if I win the case for x amount of money I won't be able to collect, or almost impossible. ...

Do you need the judgment debtor's SS# to get a writ of execution or writ of garnishment in Virginia? That's unusual.

rokolife · Jun 13, 2012, 10:36 AM

Well not sure what you meant by your last question.. All I know is that the collection part is completely separate process than the judgement !
I might have to look into that further!
So AK lawyer, are a landlord as well?

rokolife · Jun 13, 2012, 10:47 AM

Thanks anyway

AK lawyer · Jun 13, 2012, 10:52 AM

Originally Posted by rokolife

Well not sure what you meant by your last question.. All I kno is thatthe collection part is completely separate process than the judgement !
I might have to look into that further!
So AK lawyer, are a landlord as well?

My last question was to detrmine if you are more familiar with collections practice in Virginia than I am. I have never practiced law in Virginia and, for all I know, one needs a SSN to get those writs. I wouldn't think so.

No, I am not a landlord.