Legal Question in Landlord & Tenant Law in Virginia

Homeowner/roommate situation with signed agreement: Can I prevent the roommate from having continued overnight, day to day visits with his girlfriend?
also: need to know the process thru the courts of an unlawful detainer. He moved in 4/7 and has already broken the agreement.(by moving his girlfriend the second day, she left voluntarily) I served him with a 5 day vacate which will be up next Tues. Then I will get the unlawful detainer if he doesn't leave. What is the process thru the courts of an unlawful detainer. 2. Can I eventually garnishee his wages for unpaid rent.? If he rides this out with a continuance etc. it could be about $1000 he well owe plus court cost.

Asked on 4/25/10, 8:48 am

Michael Hendrickson Law Office Michael E. Hendrickson

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If you file an unlawful detainer action, there will be a scheduled hearing

on the matter in which in addition to the eviction of the tenant and a writ

of possession, you will also be able to request that the court award

you a judgment against the tenant for unpaid rents due and owing.

Once you have this judgment, you will then be in a position

to request that the court issue what's called a Suggestion for Summons in Garnishment against your judgment debtor, i.e., this delinquent tenant.

As for preventing the tenant from carrying on with the girlfriend in

the manner described, you would need to have a provision in

your written lease prohibiting such conduct, or at the very least

an oral addendum thereto that, if need be, can be proven in court by

a preponderance of the evidence.

Answered on 4/30/10, 9:20 am

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