Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

I am being evicted. My landlord gave us a letter days to

Customer Question
I am being evicted. My...
I am being evicted. My landlord gave us a letter for 5 days to move out and refused any more money from us on 10/17/15 never gave us 30 day notice. In less than 30 days from that we where in court on 11/12/15 and the judge told him he had to file the 30 day notice to move out. and set a date for 01/14/16. Then he obtained counsel who file a motion for immediate possesion and returned yo court 12/03. We didnt recieve any notice but found out ourselves by looking up online that there was another court date on 12/10 seeking immediate possesion again. At court the lawyer asked for immeditae possesion and the judge ordered escrow. We never had an opportunity to speak. The judge moved the court date from 01/14/16 to 01/21/16 and then on the court website it says 10 day poss granted by order 12/28/15. I read that i could appeal online, but the clerks claimed that my period was over and that the writ of possesion would be issued. Is there anything i can do?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 17 minutes by:
1/8/2016
Real Estate Lawyer: Christopher B, Esq., Lawyer replied 2 years ago
Christopher B, Esq.
Category: Real Estate Law
Satisfied Customers: 3,012
Experience: associate attorney
Verified

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

If the court finds that the tenant has breached the lease or failed to pay rent and that the notice and service requirements were effectuated properly, then the court should grant possession and a judgment for damages. The "writ of possession" (grant of authority to claim possession) will not be issued until the 10 day appeal period is over unless you requested immediate possession for failure to pay rent or a non-remedial breach of the lease (which is what it sounds like happened). I think you might be mistaken on what happened initially as the court must give you 30 days to vacate but the landlord can petition for less time. It also sounds as if you did not respond initially, although I am not sure.

The writ of possession will be issued to the sheriff, which will give him no later than 30 days, but less than 15 days if practicable, to take possession for you. Before the sheriff does, he will serve the tenant with 72 hours notice that the he intends to execute his authority to secure possession. The notice will include the date and time of this execution and will notify the tenant that he has 24 hours after being removed from the property to collect his things. The sheriff will remove the tenants and any unauthorized hangers on and he will put all the tenants belongings on the curb. If the tenant fails to collect the belongings after 24 hours they are considered abandoned and you may do with them what you wish.

You could try to file a motion to reconsider as it seems like your 10 days to appeal have passed. See link for form: http://www.courts.state.va.us/forms/district/dc368.pdf I would highly recommend that you retain an attorney although at this point it might be too late. The process can be difficult if you are not familiar and are going up against an attorney with no counsel of your own.

Please let me know if you have any further questions and please positively rate my answer as it is the only way I will be compensated for my time by the site.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Christopher B, Esq., Lawyer replied 2 years ago

I see you have reviewed my answer, do you have any further questions? If not, please positively rate my answer if satisfied (there should be smiley faces or numbers from 1-5 next to my answer, a good or excellent rating would be fantastic) as that is the only way I will be compensated by the site for my work. This will not cost you anything extra and this extra step would be appreciated

Ask Your Own Real Estate Law Question
Ask Christopher B, Esq. Your Own Question
Christopher B, Esq.
Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 3,012
3,012 Satisfied Customers
Experience: associate attorney

Christopher B, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
In can an escrow agent release deposit money without an
In Virginia can an escrow agent release deposit money without an agreement signed by both parties? … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
We are selling our house and are in escrow we did an
We are selling our house and are in escrow we did an interior remodel to extend a closet but did not obtain a building permit at the time it was done we have applied for the permit with the city but t… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
9yrs ago my husband and I signed escrow papers on a 2 actor
9yrs ago my husband and I signed escrow papers on a 2 actor manufacturer home on as my forever place .7 1/2 years he started making a fuss that my payment went above the 800 .we signed at escrow. And … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,393 satisfied customers
How does a repair escrow work? I am a buyer. If I have
How does a repair escrow work? I am a buyer. If I have something repaired after closing, do I need to get seller approval for reimbursement purpose? If he doesn't agree, what should I do?… read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I'm in escrow on a house that is set to close in two weeks.
Hello, I'm in escrow on a house that is set to close in two weeks. I had the property surveyed (5.3 acres) it came back that a large concrete batting cage and a portion of the RV parking area that was… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,324 satisfied customers
SALING MY HOUSE BUT RIGHT NOW THE ESCROW FOR ABOUT 10 DAYS
IM IN SALING MY HOUSE BUT RIGHT NOW IM INSIDE THE ESCROW FOR ABOUT 10 DAYS IS THERE ANY WAY I CAN GET OUT OF THE ESCROW AND DONT WAN TO SALE MY HOUSE … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Selling condo, have purchase agreement. Now escrow co. tell
Selling condo, have purchase agreement. Now escrow co. tell us we need to pay $$$ for Statement of Account and another $$$ for Covenant Compliance Inspection. I am suspicious of these two fees. … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
Selling condo, have purchase agreement. Now escrow co. tell
Second opinion] Selling condo, have purchase agreement. Now escrow co. tell us we need to pay $$$ for Statement of Account and another $$$ for Covenant Compliance Inspection. I am suspicious of these … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
I have a dispute with my title/escrow company that closed my
I have a dispute with my title/escrow company that closed my home purchase, I want to file a small claims against them but need to know if I have a case or not, I need an attorney to review 4 letters/… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Can a seller provide an escrow account for a buyer to pay
Can a seller provide an escrow account for a buyer to pay for repairs after closing? … read more
LegalGems
LegalGems
Juris Doctorate
10,720 satisfied customers
I'm in escrow on a REO in Hawaii. This house foreclosed and
I'm in escrow on a REO in Hawaii. This house foreclosed and was bought by Mellon Bank of NY who is now selling it to me. There are liens on the property that they have known of since 2/17, but have no… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers
We were in escrow for more than 50 days, the buyers back out
We were in escrow for more than 50 days, the buyers back out and cancel the purchase. The buyer said because of loss of job and financial hardship. Is this a breach of contract based on the liquidated… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
The house we are buying is in escrow and they had an $85,000
Second opinion] The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing… read more
Seattle Scott
Seattle Scott
Private practice attorney
995 satisfied customers
The house we are buying is in escrow and they had an $85,000
The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing. Now, they're s… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have a situation where $6,500 in a Holdback by the escrow
We have a situation where $6,500 in a Holdback by the escrow company was established that required that the Buyers must write a letter of release of the Holdback funds when particular work was complet… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,173 satisfied customers
Is there case law involving escrow company and refinancing a
Is there case law involving escrow company and refinancing a home to a terminally ill client? … read more
Michael Bradley
Michael Bradley
JD
1,193 satisfied customers
Are there HUD restrictions on how much escrow a mortgage
Are there HUD restrictions on how much escrow a mortgage company can ask for? I found a rule under Additional Collections that says it can be no more than one-sixteenth of total annual requirements, b… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I need an expert escrow that can look at an escrow agreement
I need an expert escrow that can look at an escrow agreement and give me expert advice and has profession liability insurance for such advice … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,723 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x