Legal Question in Real Estate Law in Virginia
Eviction??
I told my landlord me and my family of 4 were moving out, and they haven't yet given me a written eviction but they have threatened to change the locks on the doors even though our stuff is still in there. Is this legal and can they do that without a written eviction notice?
2 Answers from Attorneys
Re: Eviction??
This situation is sort of garbled.
If you tell a landlord you are moving out, they do not need to do anything to evict you. You can just move out on your own, and that is that. (However, you may be responsible for any rent that is unpaid until the landlord finds another tenant.)
If you are not paying for the place, but are still using it (even just by having your things in it), then the landlord can go through the eviction process and have your rights formally terminated to the place.
If you are paying, but merely told him you are moving, he would not have the right to do anything as long as you are still paying.
But it sounds like he is in a hurry to clean up the place and get it ready to rent to someone else and is merely trying to hurry you up.
You should consider that in the end you might end up paying a lot more money for continuning rent on the place then if you put your things in storage.
If the landlord cannot rent the place to someone else, you may have to pay eventually for those months that the place is not rented to someone else.
Re: Eviction??
No, such so-called "self help" (in evicting a tenant)is generally not permitted to a landlord under Virginia law.