Legal Question in Civil Rights Law in Virginia

We have a cottage on our property. The electric is powered from our house. We rented it to a couple that have been in it for one year. They are to pay on the first of every month and pay 1/3 electtric. Aug 5th they told us they do not have our rent and they are NOT paying any more rent to give them their 15 day notice. I gave them a 15 day notice that is on the agreement they signed. They did not pay any security deposit and told us to make the agreement as such. They told my husband it is illegal to give a 15 day notice. We had our lawyer write up a letter extending the notice to 30 days. The next night after their notice I heard them fussing and heard him say those f--- people. They are always drinking and he does drugs. She came over to our house wanting my husband who is mentaly disabled with dementia (75 yrs old) to make her boyfriends car not run. She had been drinking. We told her we did not want to be involved. She left to go over to the cottage. I went out side to lock up my car incase they might do some thing to make it not run. She approched me and told me she was disappointed with me because I told her I did not want to be involved in helping her make her boy friends car not run. The next morning when I left for town I noticed my car steering wheel was vibrating. I went to a gas station and found all my tires were low on air and almost completely flat. These people are refusing to leave. They even told neighbors they do not intend to leave untill a cour order. My husband is afraid to be here alone as I work outside the home 2 days a week. We turned off the powe to the cottage and she told my husband she called the sheriff and he saiod we have to make it livable for them to be there even if they do not pay any rent. They were suppose to be out by Sept 5th. They refuse to leave and continue to use lots of electric. Our bill went way up. Is it illegal for me to shut the power off to the cottage now. The cottage is 50 feet from our house on our property and is powered from our property. The meter is connected to our house. My husband has mild dementia and is sick over every thing.


Asked on 9/18/11, 4:55 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

As your lawyer has undoubtedly advised you by now, you will have to go

through standard landlord-tenant eviction procedures (unlawful detainer) in your

local general district court to have these overstay leasees removed from your cottage.

And, no, you should not disconnect their power (which could work against

you in the matter of removing them), but you can certainly keep track of

all costs associated with their continued unlawful occupation of your property (including the power) and ask the judge at the hearing to include these costs in a judgment along with any back rents that they may owe and, don't forget also to ask for your writ of possession.

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Answered on 9/18/11, 7:18 am


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