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sheilaselleck · Aug 31, 2010, 11:42 AM

Help! We own a home in Virginia and has had it rented for several months. A signed lease was done in January 2010, however he stopped paying rent in June. He turned off all utilities in July... but his belonging are in the house. Legally what am I suppose to do to get them out. He moved to another state and I don't have his address.

RickJ · Aug 31, 2010, 11:44 AM

Did the tenant vacate the apartment and return the keys?

That is a big issue in determining whether you can consider it "vacated" (and what you may do with personal belongings left in it).

ScottGem · Aug 31, 2010, 11:54 AM

Send a pay or quit notice to the home. Send it so that it is forwarded with a notice of forwarding address to you. If he does not respond to the pay or quit within the specified time, apply for an eviction order. Again sending the summons to the last known address (the address of your property). If he fails to show for the hearing you get an eviction order and you can take possession of the premises. You can then decide toi dispose of or sell any property left in the house.

sheilaselleck · Aug 31, 2010, 11:58 AM

Originally Posted by RickJ

Did the tenant vacate the apartment and return the keys?

That is a big issue in determining whether or not you can consider it "vacated" (and what you may do with personal belongings left in it).

He did NOT return the keys he just left and moved to another state! Obtained a eviction notice, but it couldn't be delivered, so the judge through the case out. He didn't even show up. The judge said get a lawyer... I don't want to lose another $500.00 bucks in attorney fees. What do I do?

ScottGem · Aug 31, 2010, 11:59 AM

That doesn't make sense. If you followed the rules of legal service and the tenant didn't show up, then you should have asked for a default judgment.

ScottGem · Aug 31, 2010, 12:05 PM

Here's a couple of statutes to help:
Virginia Code 55-248.33 - Remedies for absence, nonuse and abandonment - Virginia Virginia Code 55-248.33 - Remedies for absence, nonuse and abandonment - Virginia Code :: Justia
This gives you the rules on abandonment

Virginia Code 55-248.6 - Notice - Virginia Virginia Code 55-248.6 - Notice - Virginia Code :: Justia
This gives you the rules on service. Note specifically, paragraph D. If you mail something to the last know address as I outlined, that should be considered valid service. If the tenant doesn't show, then you get a default judgment. Go back to court armed with these statutes.

Fr_Chuck · Aug 31, 2010, 06:39 PM

Agreed, I had this happen several times, ( actually more common than you would think) we had to evict them, and service was done by posting notice on the door of the home.

Of course our attorney also mentioned that we don't say he is gone, merely that he is not paying, attorney told me often you can say too much in court and ruin your own case

ScottGem · Sep 1, 2010, 04:03 AM

While I agree with Chuck about saying too much, I think the VA statutes are pretty clear here.

RickJ · Sep 1, 2010, 05:25 AM

sheilaselleck, what evidence do you have that he moved to another state.

Despite that things have not gone right so far, you can make the best of it by confirming that he has vacated. Confirm it in a way that the VA law recognizes.

If he has indeed "abandoned" the place, then take a lot of pictures and notes and put his stuff somewhere for a month.

Send a letter to him where he was with "Address correction requested" on it to confirm that he gets your letter that tells him that if he wishes to get his stuff, to contact you.

It may not be the letter of the law, but that's what I would do at this point based on my experience of managing 350+ apartments for 16+ years.