Legal Question in Landlord & Tenant Law in Virginia
I have been living in my son's father's home for the past six years. We recently got into a domestic issue and he was arrested. The police served me with a trespassing notice the same day and said I cannot go back onto the property. Is this a legal eviction? The police also told me that the only way I can get both mine and my children's belongings is if he says its ok to send a third party. What if he says no, can he legally keep my things? We are not married but we share two children together. Please help!
1 Answer from Attorneys
No, whatever has happened to you is not a legal eviction and under the circumstances described, in most Virginia jurisidctions your legal status would be considered as that of a tenant and the owner of the home must go through regular eviction procedures in the local general district court to have someone like yourself removed.
I would advise consulting with a local attorney in your area as to what you should do next.
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