Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Can a landlord evict you in Virginia by serving you no trespassing papers?

Having a dispute with a tenant or landlord? Rental Law discussion

Can a landlord evict you in Virginia by serving you no trespassing papers?

Postby jolie » Tue Apr 05, 2011 12:46 am

If you know Virginia law, trying to figure this out. Landlord evicted him by using a no trespassing form. He ignored it at first but then the landlord called the police. Police told him to leave He was a 4yr. tenant at the house and as he fell behind on rent over the course, he didnt just quit paying. The landlord was fine with that but when he said he wanted to move, he did this. He said that because he was late with rent that he had no right to the property anyway and is now holding his belonging in a locked garage on that property. They only had a verbal rental agreement.
jolie
 
Posts: 22
Joined: Thu Mar 31, 2011 7:33 am
Top

Can a landlord evict you in Virginia by serving you no trespassing papers?

Postby bean » Tue Apr 05, 2011 12:57 am

No, he's not trespassing until the court says he's trespassing. The police can only "preserve the peace" in a civil matter such as this, and the person must be lawfully evicted by a court order, after the proper notice of eviction is served (usually in writing). Even an "oral" contract is binding on the parties to the extent they have any proof of the agreement and they have each acted as if there were an agreement.
Virginia landlord/tenant laws specifically recognizes "oral or written" agreements.

Many landlords and tenants cooperate under oral agreements, especially after the written agreement has expired. The laws expect this and (in general) will presume an agreement is in place if the landlord treats the person as a tenant and not a trespasser for even one day, if there is a payment or expectation of payment of rent.

A landlord who takes matters into his own hands is begging to be sued for damages, including court costs and lawyer fees, and the cost of finding another place to stay. A tenant who fails to move after proper notice, without paying rent, could be liable for the landlord's court costs and lawyers' fees, and for other actual damages caused by the tenant's unjustified holdover.
bean
 
Posts: 14
Joined: Sat Apr 02, 2011 12:26 pm
Top


Return to Rental Law

 


  • Related topics
    Replies
    Views
    Last post