Roommate problem in Virginia

Question

I live in VA and the judge gave my roommate 10 days to move after I had already given him (2) thirty day notice to move for failure to pay rent. He has moved most of his stuff out but he left his furniture and TV in the room. If he does not move his furniture in 10 days, can I change the lock on the front door. Has he abandoned his furniture if he does not move it in 10 days? If so, what can I do with the furniture? This guy owes me $2000 in past due rent and I have a judgment and will obtain another one as soon as the 10 days is up.

Answer 1

Call and find out.  Here in Texas it depends on the situation but here a tenant is not considered moved out unless he has substantially moved all of his things out.  Then anything is considered abandoned.  With an eviction, here you call the sheriff and they are supposed to put their things out at the curb if they don't move.  I've never had to do it and I don't see the local sheriff's office moving furniture for anyone.  There are procedures for selling a tenants furniture but you may have the right to do that and any profit less selling costs is returned to the tenant.  I would change my locks and 12:01 am.  That person no longer has any legal right to be on the premises and if he returned, call the police.  But do call and find out what the local laws are so you don't get yourself in trouble.  Deadbeats can cause you a ton of problems and some will try to set you up.  They been evicted before and it is a new experience for you.  Be careful and good luck with better tenants next time.

Answer 2

I agree with the second question! he is a bad tenant! hopefully this mess will be all sorted out soon! Best of luck!

~Be the change (that you want to see in the world)

Answer 3

Call the court and ask the question or call the sheriff's department. Otherwise you can research the Landlord Tenant Act for your State.

Answer 4

after the 10 days is up i think it is considered abandoned so you can sell it or do what you like with it

Answer 5

You are doing everything right. Change the locks after the judge's deadline.  The abandoned stuff is more probblematic.  You have to protect it for a reasonable time.  Whatever time you believe is too long; the ex-tenant will believe is too short.  In Phoenix they have changed the law.  If the stuff is worthless, i can now throw it away. You have stuff that is not worthless (except to you).  You have some legal rights to sell the stuff to pay the money you are owed.  

I personally will never do that.  People hold grudges about the silliest of things. Furniture and tv's are perfect examples.  Don't hold it hostage.  If he wants it, let him have it.  I would keep the furniture for a long time -maybe 3,4 months.  I am never surprised when the ex tenants show up 3 months later as if it were 3 days instead of 3 months. /