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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38198
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I am currently a resident manager of a mini storage

Customer Question

I am currently a resident manager of a mini storage facility. I gave my 60-day notice according to my contract. They told me to leave the office and locked me out. They are now saying for me to move out of the residence as quickly as possible so they can hire someone else. Don't I have 30 days to vacate? I've been here 2 years.
My client ID is #2115199
Thanks.
Daniel Crenshaw (###) ###-####
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Don't I have 30 days to vacate?

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Yes, If your housing was part of your compensation, then once they terminated your employment, that terminates your compensation, which includes your housing.

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This means that you are then considered a tenant at sufferance. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the landlord and may be terminated at the will of the landlord.

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In Virginia, a landlord may evict a tenant at sufferance much like they would any other tenant. The procedure is:

1. notice to quit;
2. if you do not leave, eviction; and
3. if you still didn't leave, a Writ to have you forced out by the authorities.

NOTICE TO QUIT
A tenant at sufferance at the most needs a 30 days notice to leave. Shorter v. Shelton, 183 Va. 819 - Va: Supreme Court 1945.

The notice to quit may state something like: ""This is a tenancy at sufferance. Tenant is hereby given 30 days notice to leave the premises or else landlord will initiate eviction/unlawful detainer.""

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So the process is to first give you a 30 day written notice to vacate, then file a formal eviction action if you don't move out, then get a judgment and a writ to have the sheriff physically remove you if you don't move out after the judgment is entered.

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thanks

Barrister