Legal Question in Real Estate Law in Virginia

Holdover Tenant after Trustee Sale in VA

I bought a home to owner occupy at a trustee sale in Prince William County, Virginia. There is a tenant who will not move out but there is no lease as that was terminated with the foreclosure. Also they drove the previous owner into foreclosure by not paying rent. Their objective is to continue to live rent free.

Can I have them evicted for trespassing? They paid rent April 08, May 08 and June 08 but have not paid any rent since. The previous owner had a lease agreement with the sister of the present tenants (who were never on the lease agreement) but the sister never moved in.

We have heard we have to file a 30 day notice of non remedial breach and then after that 30 days file a summons for unlawful detainer. Everything we have read however indicates this is for situations were a rental agreement exists and there is none here due to the foreclosure.


Asked on 11/14/08, 5:50 pm

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

Re: Holdover Tenant after Trustee Sale in VA

Yes, you might want to try the trespassing route first, i.e., send the squatters written notice that they must vacate by a date certain or you will call law enforcement to have them arrested and removed as trespassers.

And then, if they fail to move, summon the local constabulary to have them arrested and see what happens. If the local cops refuse to act, then you're looking at the nonremedial breach--unlawful detainer remedy already suggested to you.

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Answered on 11/14/08, 8:12 pm


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