Legal Question in Landlord & Tenant Law in Virginia

In Virginia I am currently protected by a Permanent Order of Protection against a person who WAS a roommate and owes $10,000 in rent, storage, moving and other fees.

They are jailed for assault on myself and several law enforcement officers. I am under no court direction other than to take of the roommate's cats. May I legally sell this person's items: washer, dryer TV, etc to recoup the $10,000 spent to move them across country? Their current incarceration has caused the loss of their job and they have stated in court they will be immediately leaving the state upon their release which will make recovery of my funds impossible. Injuries I received have kept me out of work since the start of summer. I need to sell their belongings to keep my vehicle and home--is that legal to do? The order of protection prevents any contact between us and the individual has stated they will not pay what is owed. Their property has taken up three rooms in my home for close to one year now. Until their incarceration I paid all of their bills until they found work--I have receipts for thousands of dollars spent.


Asked on 10/17/16, 7:34 am

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

No, you may not now legally proceed to sell these personal

belongings to satisfy a debt allegedly owed to you by this person who is now apparently incarcerated without the authorization of a court of proper jurisdiction in the form of an appropriate order (enforceable judgment?) that would legally allow you to do so.

And, if you were to proceed with such an action without this kind of judicial authorization, you could later find yourself being sued civilly by the owner of these goods or, perhaps, even prosecuted criminally for your actions. (My opinion).

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Answered on 10/17/16, 8:34 am


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