Legal Question in Real Estate Law in Virginia
Eviction of Personal Property?
I bought a house from an investor who bought the house out of foreclosure in the state of Va. The former owner who was being foreclosed on alleged that the first investor lied to her about being given the chance for a lease option. It came to my knowledge that she is having a hard time getting a lawyer to take the case and nothing has come of her complaints of fraud. One week after she received the eviction notice, she ''accidently'' caught the house on fire. At least the fire marshal said it was an accident. My insurance company says that they will be going after the former owner for negligence. She admitted to starting the fire by falling asleep while smoking. The fire department pulled the electric meter when they came, making the house uninhabitable. This forced her to move out, but the 30 days I gave her on the eviction notice is now up and her stuff is still in the house. What should I do with her stuff?
Thanks Jeff
1 Answer from Attorneys
Re: Eviction of Personal Property?
The property might be deemed abandonded. A prudent step might be to file an unlawful detainer action-obtain judgment and have the tenant evicted. The delay may be worth the risks of putting out the property--especialy if repairs are required and you are unable to rent.