Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I evicted a tenant and she left personal property in the…

I evicted a tenant...

I evicted a tenant and she left personal property in the house. what is my legal responsibility to her? This is in the state of Virginia and we acquired the property back through a writ of possession, from my understanding the property left in there is abandoned and can be sold to satisfy her delinquent balance. Do I need to give her any notice to sell the stuff.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Va.

Lawyer's Assistant: Has any paperwork been filed?

We already have property back.

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
11/6/2017
Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,394
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: In order for the property to be considered abandoned the landlord must provide the former tenant with a 30 day notice of abandonment. If the former tenant does not remove the property from the unit by the deadline, the landlord may dispose of the property as they see fit. In addition, the notice to the former tenant may provide that the landlord will charge them a reasonable storage fee for each day that the property is not removed.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
Is that per the virginia landlord act?

The Act only handles abandoned property upon a normal termination of the lease (please click here to view the relevant code section).

The Act does handle abandoned property upon an eviction.

The information I provided relates specifically to eviction.

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
I'm confused. Code 55-248.38:2 of the code says the sheriff's notice is sufficent notice and after the 24 hours i can dispose of the property and apply the proceeds to the tenants deposit and use that to satisfy any balance owing.

Apologies, did you state that this was an unlawful detainer action or that the tenant moved out after an eviction notice?

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
The tenant was put out by the sheriff through a writ of possession.

Thank you for that clarification.

Then, yes, Section 55-248.38:2 and you may dispose of the property after the 24-hour period.

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
Okay thanks, ***** ***** Twist on it. If the furniture was financed and there's no UCC recorded on it would they have a right to it being I am not contractually obligated to the furniture store.

They would have to bring a claim against the tenant, not you, as you have no contractual relationship with the store.

Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,394
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified
Roy Hadavi and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Roy Hadavi Your Own Question
Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Real Estate Law
Satisfied Customers: 1,394
1,394 Satisfied Customers
Experience: Attorney at Law Offices of Rosenstein & Associates

Roy Hadavi 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:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 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

4,998 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
I gave a tenant without a lease, so there were there on a
I gave a tenant without a lease, so there were there on a month to month a 15 day notice to vacate. We knew they moved out because the electric was shut off and they posted on fb, etc. We went to the … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I want to know how to evict my son and his wife and stepson
Hello! I want to know how to evict my son and his wife and stepson from my house that I was allowing them to stay in while it was being sold. I had informed them in August to find a home other than mi… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
We purchased a property at a delinquent tax sale in Hamilton
We purchased a property at a delinquent tax sale in Hamilton county Tennessee. The owners failed to pay their taxes and the house has come out of redemption and is now ours. What are the laws with res… read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I have taken possession of a property I purchased at auction
I have taken possession of a property I purchased at auction the prior owner has remained in the house for 3 months which is the time it has taken me to obtain an eviction. The sheriff served the evic… read more
Loren
Loren
578 satisfied customers
Good afternoon. We have a one year lease agreement with one
Good afternoon. We have a one year lease agreement with one of our tenants and are holding a $1,000 deposit with an additional $500.00 pet deposit. The tenant has been with us for 3 months. We were dr… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
My brother has been living in the basement of my mothers house
My brother has been living in the basement of my mothers house for 14 years , never paid any rent,or even helped pay for utilities. I am my mothers Durable POWER OF ATTORNEY, also the executor of the … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,201 satisfied customers
Question regarding mobile home lot rental state of Virginia,
Question regarding mobile home lot rental state of Virginia, what can landlord do to get mobile home out of his park? He owns the lot, tenant owns the mobile home.… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Hi there - my question is in regards XXXXX XXXXX a rental property
Hi there - my question is in regards XXXXX XXXXX a rental property in oklahoma and having the current renters leaving without notice. She was actually a very dear friend with 3 small children and her … read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
Hi, I have a tenant in my house. I gave her a 30 day notice
Hi, I have a tenant in my house. I gave her a 30 day notice 9/27/11 that she had to be out by the end of October. She didn't pay rent for October and took some of her stuff and moved to a friends hous… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
I just evicted a tenant from my commercial property after 3
I just evicted a tenant from my commercial property after 3 months of not paying rent. The sherriff came yesterday, but i see that the guy has not removed any of his property from the renatl unit. How… read more
Maverick
Maverick
Doctoral Degree
6,146 satisfied customers
We have a small 1 bedroom trailer we use as storage. Our daughter
We have a small 1 bedroom trailer we use as storage. Our daughter asked if she could stay there until her boyfriend came back from Germany. The agreement was, she did not have to pay rent just the ele… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I PURCHASED A PROPERTY AT A FORECLOSURE AUCTION IN OCTOBER,
I PURCHASED A PROPERTY AT A FORECLOSURE AUCTION IN OCTOBER, CLOSED ON DECEMBER 2 2009, PREVIOS OWNER CALLED MID DECEMBER AND WANTED TO BUY PROPERTY BACK,I TOLD HER IF SHE CAME UP WITH MONEY BY JANUARY… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,617 satisfied customers
In California, I have a tenant who is 7 months behind on rent,
In California, I have a tenant who is 7 months behind on rent, we have been trying to evict her, and now it seems she doesn't want to be found, neither has she been staying at the property for the las… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I evicted 2 tenants in Tennessee and they did leave however
I evicted 2 tenants in Tennessee and they did leave however they left lots of personal property as well as a cat. I want this stuff gone so that I can clean up and re-rent. The tenants have said they … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
in virginia, we have evicted our tenant for nonpayment of rent
in virginia, we have evicted our tenant for nonpayment of rent in a single family home. We have a $5400.00 judgement against her. When she left, ten packed boxes were left with a note for us to store … read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers
In regards XXXXX XXXXXoned property by a tenant that was ...
In regards XXXXX XXXXX property by a tenant that was evicted by the Sheriff. The rental was a commercial store space, and the tenant can''t be found. The tenant left all property in the store includin… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
Ou renters have not paid rent in two months. We have ...
Ou renters have not paid rent in two months. We have constantly tried to communicate. Two weeks ago we sent a pay or get out notice. What can we do next. Do we put a eviction notice on the door? And i… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
In the state of Virginia, a renter leaves a room they were ...
In the state of Virginia, a renter leaves a room they were renting (after being asked to leave for non-payment and destruction property) and leaves all their belongings in the room. This person then s… read more
Kara K.
Kara K.
Real Estate Attorney
J.D.
184 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