Legal Question in Landlord & Tenant Law in Virginia

Tenant moved out. her rent was due Oct 20th and she did not pay it. I sent her a 5 day pay or quit notice and she contacted me to ask for more time, which I granted. On Nov. 8th, she advised that she was moving & would pay the rent later. She moved out around Nov. 17. She returned the key. But she has not gotten all of her belongings. She left a picnic table & a scooter in the yard. She also left several items in the storage shed. Texted her to advise her to get her stuff. She still has not. I have a written lease. Do I need to go to court for an unlawful detainer in order to confiscate her belongings since she hasn't come to get them? What can I do about removing her stuff? Is it mine now?


Asked on 11/24/14, 6:38 pm

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

You can sue her for any back rent owed but not seize and sell her personal

property in satisfaction of this debt. (This personal property could be subjected

to such seizure and sale by the sheriff's office once you have obtained

an enforceable judgment for the back rent and the matter then referred to the sheriff by the clerk of court for enforcement. And, no, at this stage of matters

as described, this property is definitely NOT yours and if improperly handled could subject you to legal liability.)

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Answered on 11/26/14, 7:27 am


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