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    asmallqt's Avatar
    asmallqt Posts: 2, Reputation: 1
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    #1

    Oct 9, 2010, 05:20 PM
    Can I be evicted from key home if I paid my back rent and only owe for the current mo
    I went to court one August 21 for July and prorated September rent up until the 21 of September. As of today date (10/09/10), I have paid all of my back rent and only owe for October. Can I be evicted for the current month without a court order? I am in the state of Va and this is what my apt staff is telling me. I need to know because I am faxing an eviction on the 15th for October rent. Is this something legal that can be done? I was also told that if you been taken to court 2 times consecutive in a year they can evict without filling for an eviction. Is this also true or a scare tactic? Thanks for all advice.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 9, 2010, 06:06 PM
    Quote Originally Posted by asmallqt View Post
    ... I was also told that if you been taken to court 2 times consecutive in a year they can evict without filling for an eviction. Is this also true or a scare tactic? ...
    What happened when you went to court on August 21st. The answer to your question depends on exactly what the judge ruled at that time. If, for example, the court said that an eviction order would be issued unless proof of your paying rent in a timely fashion were filed by such-and-such a date, I suppose it's possible.

    What's a "key home", by the way?
    asmallqt's Avatar
    asmallqt Posts: 2, Reputation: 1
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    #3

    Oct 9, 2010, 06:22 PM
    "key home" was a typo it was supposed to be my home. Now when I went to court on 9/21, it was for August and prorated rent until the 21 of September. The judge asked did I owe the amount stated and I told him that it was for less and he said I had 10 day to pay the balance of what I owed. The balance was paid within that 10 day and the rest of my September rent. I am being told that another eviction does not have to be filed and I will be evicted for October's rent. Is this legal?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    Oct 9, 2010, 06:38 PM
    Quote Originally Posted by asmallqt View Post
    ... I am being told that another eviction does not have to be filed and I will be evicted for October's rent. Is this legal?
    No. I don't think it is.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Oct 9, 2010, 06:57 PM

    "Virginia law does not allow landlords to lock out tenants or remove their belongings without going through legal proceedings. Also, a landloard my not cut off tenants access to essential services, such as heat, water, gas or electricity, without going through legal proceedings."

    From this site:
    The process of eviction

    Looks like its scare tactics

    However, the site does also state that the tenant can stave off eviction ONCE in a 12 month period. So if you continue to be behind, the landlord can obtain an unlawful detainer even if you do pay.
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