[virginiabelle]

Tenant has abandoned my rental home in VA. I have given her notice by mail, posting on home, and registered mail of eviction. She still has all her things in the home and is not staying there at all. Can I move her things to the road? I am the daughter of the owner. Can I move into the home when I move her things out to make sure the home is not damaged if she gets mad over this? I have done everything legally except file a Unlawful Retainer. Do I need to file this legal form with the courts if she has abandoned the property? Help!!

[s_cianci]

What exactly is an "unlawful retainer?" If an attorney advised you to file this then do it. Generally personal property has to remain unclaimed for 180 days in order to be considered 'abandoned." After that time, you may dispose of it at your discretion. As far as the termination of the tenant's rights to continue to occupy the property, that may take less time, Check with your attorney to be sure.

[RickJ]

The key will be what evidence there is that she has "abandoned" the place. And that she is actually living someplace else.

If you have good evidence of this, then move her stuff out and store it for a couple months while continuting to try to reach her to notify her to come pick it up. Keep a good record of all of your contact attempts.

The safest thing to do, though, would be to go through with the eviction.

[ScottGem]

Definitely do not put her things on the street. If you think you can prove abandonment, then move the possessions into a storage locker for a few months, then have them sold after the evcition and all other avenues have been exhausted.

[Cvillecpm]

From a VA property manager... if ONLY her belongings are in the house and no utilities are on, no electric meter turning, newspapers piling up at the front door, mail not being picked up AND you posted the property as abandoned - THEN you can change the locks, put utilities in your name, haul her stuff to the dump and start living in the house.

You want to make sure you take pictures of her stuff before you haul it away - a couple of pictures per room should be OK so she can't come back against you for theft.

The term for the eviction process in VA is UNLAWFUL DETAINER which is the common term in most states.

If you think that she has left recently and may come back, then hire an attorney and follow up with the unlawful detainer after serving the required 5-day pay rent in full or quit notice... serve NOTHING by registered or certified mail.

[ScottGem]

I agree you need to follow completely through on the eviction process. But I still would NOT take her stuff to the "dump". I would have a 3rd party itemize the list then put it in a storage locker, until your attorney advises you can deal with it as abandonment.

[RickJ]

From a VA property manager....if ONLY her belongings are in the house and no utilities are on, no electric meter turning, newspapers piling up at the front door, mail not being picked up AND you posted the property as abandoned - THEN you can change the locks, put utilities in your name, haul her stuff to the dump and start living in the house.

This is incorrect. Here is the applicable section of Virginia law on dealing with personal belongings left in the apartment:
http://leg1.state.va.us/cgi-bin/legp...od+55-248.38C1

The keyword to verify IF it should be considered abandoned is "after the rental agreement has terminated and delivery of possession has occurred" Utilities have nothing to do with it.

In your case delivery of possession has NOT occurred.

Don't take a chance: Either store the stuff or go through the eviction process.

[RickJ]

PS - Virginia's Landlord Tenant Laws are laid out nicely and searchable, here - for your future reference