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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Bought a property at auction in va how to evict the previous

Customer Question

Bought a property at auction in va how to evict the previous landlord
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 6 months ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

You will want to follow the same steps for eviction as any other landowner ('landlord') in Virginia. You can use the VA Courts website: http://www.fairfaxcounty.gov/sheriff/eviction.htm; a commercial site such as this: https://www.landlordguidance.com/eviction-notice-forms/virginia-eviction/, or you can hire an attorney to do this for you (probably the easiest way to deal with the problem, although it will cost a small amount of money - this is really easy for a landlord/tenant attorney, and they should not charge you much money).

The overall process works like this:

  • 1) Notice: The first step in any termination is giving notice, the landlord can simply give notice that they no longer want the tenant to live there (this is usually 30 days, or 60 days, and it can be done for no reason whatsoever, there is no fault, and while the tenant must relocate, they are not being "evicted" and there is no blemish on their rental history), they can give a "notice to pay or quit" (usually 3 day or 5 day depending on the state, and the tenant has this amount of time to pay rent that they missed or move out), "notice to "cure or quit" (the tenant has breached the lease - broken something, noisy, etc. and must stop it or fix it within the notice period, again 3 days, 5 days, or 10 days), or a "notice to quit" (this is a 3 day or 5 day notice that says the tenant has messed up so badly they can do nothing but move out within the notice period - there is no chance to "cure" - this often happens when there is illegal activity on the property).

    2) Unlawful detainer/forcible entry and detainer (this is the legal proceeding where the landlord goes to court and sues the tenant to get possession - the tenant has an opportunity to appear and defend the action, common defenses include improper notice, breach of the lease (such as failure to maintain the property - "inhabitable conditions"). If the tenant answers the complaint, the parties can take "discovery" from one another and get additional information before a court trial before a judge.

    3) A judgment of possession/writ of eviction - if the landlord wins the trial, they get a judgment of possession and the court will issue a "writ of eviction."

    4) Forcible eviction - this happens when the Sheriff or Constable serves the writ of eviction - some jurisdictions give a courtesy notice the day or two before the eviction, others do not, but the end result is the sheriff overseeing the landlord's movers removing all of the tenant's possessions from the property and placing them on the curb, and the tenants are forcibly removed from the property. At that point, the landlord can change the locks and the tenant can no longer return (They have been "evicted").

Customer: replied 6 months ago.
This is not tenant it is the previous landlord
Expert:  CalAttorney2 replied 6 months ago.

Are they occupying the property?

Customer: replied 6 months ago.
previous landlord is occupying the proprty
Customer: replied 6 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 6 months ago.
can we talk on the phone
Expert:  CalAttorney2 replied 6 months ago.

If the landlord is occupying the property, but they no longer own it, they are no longer considered a "landlord" they are an occupant and the procedure to evict them is outlined above.

I do not participate in the phone call program for the site, however, if you wish to have a phone call with an attorney, you can post a request for "premium services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions. (If you have questions about these additional services, you can contact our customer service at: http://ww2.justanswer.com/help)

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