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Legalease
Legalease, Attorney
Category: Landlord-Tenant
Satisfied Customers: 16294
Experience:  15 yrs residential & commercial leasing experience.
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I am a landlord who filed an UD with the court in Loudoun

Customer Question

I am a landlord who filed an UD with the court in Loudoun County VA, and I am concerned about the next step
JA: When it comes to landlord-tenant issues, accurate information is key. Fortunately, the attorneys you'll meet here have a lot of experience with this, and it would be my pleasure to match you with the best fit.
Customer: I need someone who knows Loudoun County VA
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: lots
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Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  Legalease replied 7 months ago.

Hello there -

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What are your concerns? Can you tell me about the case?

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MARY

Customer: replied 7 months ago.
I have a lease, and the rent is $2300 per month. Since the tenants moved in, it has been one lie after another. They have given me 3 payments of $500 since they moved in March 4. I filed a UD, and at the 6/13 hearing, I learned that the sheriff said he did not serve the wife. That makes no sense, because in VA, only 1 has to be served. The husband showed up, and claims he didn't owe the money. I got a court date 8/1. I have now a possession order for the husband only.
I just want them out. OUT. I want to know what I need to do now to serve the wife, and should I evict the husband?
Expert:  Legalease replied 7 months ago.

Hello there --

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I do not think you are going to get the wife out of the unit even if you try to evict the husband but if you want to go forth and evict the husband you have to contact the Sheriff's Office to do so -- you cannot use "self help" (the SHeriff has to come and remove the husband from the unit and remove the husband's belongings, and unfortunately you have to pay for that.) I think you are going to end up with problems if you just try to evict the husband -- because the wife will stay and try to sneak him in AND then you will have to get an additional order for the wife and pay the Sheriff all over again to serve her AND then to evict her. Unfortunately, it appears that there have been some mistakes made and I am not sure who told you that you only had to serve ONE of them -- but that is not true. If you have names of every tenant and you know who they are, you must serve each of them individually to leave. If you do not know their names, you STILL have to serve them with JOHN DOE letters and you can then call them JOHN DOE # ***** and JOHN DOE #2, etc. with the court (this happens a lot in college towns when the LL does not know the names of everyone living there, but knows that there are 4 specific people living there -- so the courts DO permit John Doe notices and service in those situations).

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My suggestion here is that you take copies of the husband's paperwork and the wife's original paperwork and bring both to the Sheriff and have the Sheriff serve the husband AGAIN and serve the wife for the first time. Serving the husband again may seem redundant, but it is your best move to show the court on 8/1 that these two have been properly notified -- several times over -- and hopefully at that point the court will give you an order to get them out within 48 hours (you can request an order for as soon as possible and under the circumstances I do not see why you will not get it). After the court date, take the order to the Sheriff and ask the Sheriff to evict these people on the date set in the court order if they have not left by that time (they probably will not). The Sheriff and several deputies will appear at your residence and remove them AND their belongings and put their belongings in a storage locker that they have to pay for until they find another place to live.

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I wish I could give you a sure fire way to get these people out immediately but it sounds like they are pretty cute and know eviction laws in your county and state. Your best move now is to move forward as I suggested above instead of trying to think of ways to get around the fact that the court and SHeriff has told you that you must serve both of them. It will make it easier on you to move forward and work towards the 8/1 date where you can get them both out more quickly after that.

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I hope that helps. Please press a positive rating above so that I will be paid for my time. I am paid nothing unless you press the middle star or the fourth or fifth star to the right of the middle star in the rating section above, so I really do appreciate it. THANK YOU VERY MUCH !!

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MARY

Expert:  Legalease replied 7 months ago.

Hello again --

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Are there any further questions that I can answer for you on these issues? I am happy to answer any follow up questions or concerns that you may have. If not, can you please press a positive rating above in the star ratings section so that I will be paid for my time assisting you? We do not receive paychecks and are paid only if you press the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. While it may have been just an oversight on your part to review the answer and leave without pressing a positive rating above, the website keeps your entire payment as profit and pays the expert nothing unless you press the middle star or the fourth star or fifth star to the right of the middle star above. Also, please note that even when you press a positive rating, your question will not close and you can return for another 6 months to ask additional follow up questions for no additional charge.

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THANK YOU VERY MUCH !!