Legal Question in Landlord & Tenant Law in Virginia
My name is the only name on my lease / rental agreement. I have someone who has rented the downstairs for 3 months now. They sent their payment via me to the landlady in the form of a check made out to her. I told them they had to move and paid the rent myself this month. I have written a letter of notice to vacate and given them two weeks. Can I also include legally that if they do not vacate and remove their belongings that their belongings will be removed and the locks changed?
1 Answer from Attorneys
No, if you have a valid sublease with respect to this particular rental space (whether written or oral), like any other landlord in such a matter, you cannot simply resort to self help and remove the tenant's personal property from the rental unit and change the locks without exposing yourself to possible liability for such actions.
You must go through the regular process of a warrant for unlawful detainer
action filed in your local general district court in order to evict this person and obtain a lawful writ of possession for these premises.
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