Duties
of the Virginia Landlord in Evictions
Arrive
on time. The Deputy will wait about ten
(10) minutes if the landlord is running
late. However, after ten (10) minutes
the Deputy will leave the scene.
Communication is key here. Let the
Sheriff's Office know if there is an
emergency situation. The Deputy will try
to work with the landlord but he will
not wait any longer than ten (10)
minutes if we have not heard from the
landlord.
Do
not enter the property before the deputy
arrives. Entering before the Deputy
arrives will result in the Sheriff
canceling the Writ and no performance of
the eviction. This is done to ensure
both the landlord's safety and the
safety of the Deputy, but moreover, to
limit liability to the Sheriff and the
landlord by false accusations made by
disgruntled tenants. If the landlord
starts moving property out before the
Deputy arrives, he cannot ensure the
eviction has been done in a lawful
manner and will back out, stating the
landlord has taken action without the
assistance of the Sheriff.
Any
knowledge the landlord has about the
tenant is helpful to the Deputy. It is
important for the Sheriff to know if the
tenant may have any weapons in the
dwelling, or if the tenant has been
arrested for assault, or believed to be
dealing drugs. Incidental information,
such as inoperative cars, pets,
waterbeds, and juveniles left alone is
important because they can prolong the
eviction and may necessitate additional
preparation by the landlord, the
Sheriff, or animal control. If the
landlord knows the tenant has changed
the locks, the landlord may want to have
a locksmith available at the appointed
time.
The landlord must
supply sufficient personnel (movers) to allow
speedy removal of the property. The deputy, at his
discretion, can postpone the eviction for lack of
sufficient personnel. If the eviction is postponed
for lack of sufficient personnel, the landlord
will be required to pay additional fees for the
service of the new 72 hours notice. We usually
recommend at least three (3) to five (5) people
depending upon the amount of property inside. It
is the landlord's responsibility to remove the
property. The Deputy is there only to maintain
peace and to protect the public from harmful
objects.
While the Code of
Virginia does not require the landlord to change
the locks after completion of the eviction, the
landlord may want to consider doing so.
|
| Trailer
Evictions:
If the
Trailer Owner is Landlord but not the lot
owner:
Where the
landlord requesting the eviction is not
the lot owner where the trailer sits, the
tenant will be treated as though they were
renting an apartment, thus all personal
property inside the trailer will be moved
to the nearest public right of way.
If the
Landlord Evicting is Lot Owner but Not
Trailer Owner:
This is a
complicated issue. Please contact the
Sheriff's Office for detailed instructions
and considerations. |
|
To
The Tenant
On
the day of the eviction, all property
will be placed along the nearest public
right of way. Should the tenant leave
any pets, they may be recovered through
the Local Department's Animal Control
Division. If the tenant cannot be
present when the eviction takes place,
the tenant may want to have someone whom
they can trust be there to protect their
property. The Sheriff or Deputy can only
ensure the safety of the tenant's
property while he is there. Once the
Deputy leaves, they are no longer
responsible for the property.
In
the event there are children home at the
time of the eviction without an adult,
the Local Department of Social Services
will be called if the tenants cannot
make arrangements for supervised shelter
of the children |
