How do i get these people out?
my father in law is renting a place to a couple and me and my husband are buying it! well the people where suppose to be out may15 and still havent gone they are 2 months late on rent well court was yesterday and the judge set another court date for aug 8 what should i do if we buy it how would we get these people out!! im in the state of va. would me and my husband have to take them to court?
Answer:
Yes, once you own the building you will have to take them to court if you want them evicted for non payment of rent. You cannot cut the power, or change the locks, or cut off the water, or you'll find yourself on the wrong end of your tenants suit against you.
You will first have to issue a a 5-day notice, which may be sent with a certificate of mailing, or posted on the door by the County Sheriff’s Department. This notice is a simple statement that if the tenant does not pay the rent within five days of receipt of the notice, the landlord will initiate court proceedings to gain possession of the premises and the rent owed.
If the tenant does not pay the rent within five days of receipt of the notice, the landlord may start court process for unlawful detainer, commonly called a UD. The landlord files the UD at the office of the Clerk of the General District Court.
A court date is set usually 10 to 20 days after the filing date, depending on the case load of the court. The Sheriff then delivers the summons to the tenant to appear on that date. The landlord also is required to mail a copy of the summons to the tenant and to file a statement attesting to the court that the mailing occurred. Until that court date a tenant has the legal right to avoid eviction by paying the landlord the full amount due (including reasonable attorney’s fees and late charges, as well as rent).
The landlord’s acceptance of payment of rent waives his right to terminate the tenancy, unless he gives the tenant written notice that he is accepting the rent with reservation and still intends to regain possession. However, the State law gives a tenant the right to redeem the tenancy before the case is heard in court by paying the landlord all rent due plus legal and other costs. A tenant may exercise this right only once in any 12-month period with the same landlord.
I've included a link to a PDF file on the eviction process in Va. This particular PDF is for Arlington County, but from what I've read on other sites it's pretty much the same for all counties. It will at least give you more details on the legal processes involved.
Yes. File and FED.
aka Forcible Entry and Detainer
You do not own the place yet. So you don't have any rights one way or another. When you do purcase it you will have to follow what ever land lord tenant laws in effect for your state. You will have to start at the begining.
Quicker, Easier, and Cheaper. Get a building permit for necessary renovations, and have the utility cut the power, at the pole.
Dead beats are afraid of the dark, and you have not broken any laws.
Contact your local Sheriff's Dept. and have him escort them out.legally, they have been evicted which means they don't have rights to the property. The same damn thing happened to my Parents..oh, don't you just love it...
The tenants are doing this because they know that your Dad can't report them to the credit bureau...since he is an independent landlord..it sucks.
but you can have them out in no time if you contact your local Sheriff's Dept..trust me.I've seen it happen.
Unlawful detainer (suing to get someone out of real property) is tricky. Since this has been continued to a later date, it's clear that there are some problems with the filing of the lawsuit. If fil is trying to do this without a lawyer, it could take forever.
You cannot sue to get them out until you are legally their landlord, after you complete the purchase from your fil. You must have "standing" to sue.
FIL/you/somebody should hire a lawyer to get all this done right.
Perhaps you could have some maintenance accidents?
I'm here to fix the fuse box. Wooops! Damnit! I broke the main circuit breaker. Sorry! I'll come back and fix it in a month or two.
You can spend money on a lawyer, or you can get the mafia consultation team to explain all the rules and regulations to them
go back to court they will tell them to be out by a certain day, if they are not out by then call the Police because they are trespassing. Of course you do know that they are going to do some damage to the house out of spite.
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