Legal Question in Landlord & Tenant Law in Virginia

I own a 4 unit apt building in norfolk va . I have a tenant that is nothing but problems . The tenant signed the lease on the 28th of Aug and has paid nothing to date . I served them with a 5 day notice to make payment , the same day i noticed the water was turned off. I called the water company to find out they never setup water service in their name , the whole time they were there i was being billed for their water. My lease clearly says all utility's to be paid by tenant . The water company revealed they had a back water bill from 2 years ago and could not even get service . After a few days the water company pulled the water meter . After a month of being lied to and lack of payment i simply wanted them gone. I called the health dep every day till they sent an inspector out who placarded the door for lack of water . The placard came with a uniform notice of violation explaining they had to restore water service within a certain time, the placard it self says use or occupancy is suspended . My question is after the time period for Them to re establish water has passed isn't this the same as an eviction? Do i have to store Their things for any period of time ? The form they received gave them 5 days and it has been 8. Is it now legal for me to change the locks ?

Asked on 10/07/12, 5:32 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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No. legally, speaking, what you've described is not the equivalent

of an eviction as ordered by the general district court (my opinion).

As to storing their personal items, it would seem advisable to follow the

requirements of Va. Code Sec. 55.248.38:1(whether the lease is covered

by VRLTA or not in my opinion).

Until you receive a formal writ of possession from the court, changing the

locks as you've suggested would not be advisable (my opinion).

Answered on 10/14/12, 8:22 am

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