Legal Question in Landlord & Tenant Law in Virginia

Eviction Question

My 18 year old nephew was thrown out of his parents house because he used the phone when he wasnt supposed to. He was never asked to pay rent. He is still in high school. They refuse to let him back in to get any of his things, including many items he bought for himself with money from part time job. Does he have any legal recourse to at least get his clothes and stuff back?


Asked on 1/23/07, 12:39 pm

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

Re: Eviction Question

Yes, he does, and either he(or someone in his behalf) should contact the boy's parent's and explain that if they continue to refuse to allow him to retrieve his items of personal property from their residence, that he will have no alternative but to go to the local general district court and file what's called a Warrant in Detinue for the return of his personal property, or, in the alternative, a judgment against the withholders of his property for their estimated FMV (fair market value).

Then, in the event that the property is still being subjected to wrongful distraint by the parents, the young man, as a newly-fledged adult, should go forth to the courthouse to do exactly that in order to vindicate his right to his property in this particular matter.

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Answered on 1/23/07, 12:53 pm


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