Court Again Today
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Court Again Today (by DJ [VA]) Jan 12, 2021 10:20 AM
       Court Again Today (by 6x6 [TN]) Jan 12, 2021 11:06 AM
       Court Again Today (by Cat [WI]) Jan 12, 2021 11:52 AM
       Court Again Today (by Laura [MD]) Jan 12, 2021 1:41 PM
       Court Again Today (by Hoosier [IN]) Jan 12, 2021 2:26 PM
       Court Again Today (by DJ [VA]) Jan 12, 2021 2:40 PM
       Court Again Today (by Ken [NY]) Jan 12, 2021 3:46 PM
       Court Again Today (by Fishsticks913 [IA]) Jan 12, 2021 3:49 PM
       Court Again Today (by myob [GA]) Jan 12, 2021 3:57 PM
       Court Again Today (by 6x6 [TN]) Jan 12, 2021 7:31 PM
       Court Again Today (by Cat [WI]) Jan 12, 2021 8:22 PM
       Court Again Today (by Ray-N-Pa [PA]) Jan 13, 2021 2:47 PM

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Court Again Today (by DJ [VA]) Posted on: Jan 12, 2021 10:20 AM

I go to court again (3rd time) today, in an effort to regain possession of my rental.

Actually, I was granted possession by the court last Tuesday, due to hold-over after expiration of the rental agreement.

But, to get a writ of eviction - that the Sheriff can take to put him out - I need to go again today. A new document was created where basically I stated this is due to hold-over as opposed to Virus. I "swore" on the document that it was true, and it was witnessed.

I am assuming there is a good chance he will not be out on Thursday - the last day the court told him to be out. I want to at least get on the Sheriff's list ASAP, just in case . The Sheriff can take up to a month to do the set-out, after they get the order.

I can only imagine that all I need to do today is hold up my hand in front of the judge to swear that I was not lying when I swore on the document I was telling the truth.

Of course, the judgement for possession came from this very same court, so they "Should" already know the particulars of the case - right? (Big eye roll/grimace)

Apparently just more made-up redundancy.

I'll let you know what happens.

Court Again Today (by 6x6 [TN]) Posted on: Jan 12, 2021 11:06 AM

I am wishing you well.

Court Again Today (by Cat [WI]) Posted on: Jan 12, 2021 11:52 AM

Good Luck 6x6.

Court Again Today (by Laura [MD]) Posted on: Jan 12, 2021 1:41 PM

Good luck, I will be interested in hearing how this plays out.

Court Again Today (by Hoosier [IN]) Posted on: Jan 12, 2021 2:26 PM

Rooting for you...stay persistent.

Court Again Today (by DJ [VA]) Posted on: Jan 12, 2021 2:40 PM

In the Hope that this information will somehow help another VA landlord who has not been through it yet, assuming it is being implemented the same way statewide.......

I learned in court today that:

A Writ of Eviction (for Sheriff set-out) will not be issued until after the ten days that the court gave the tenant to move out, after the judgement for possession is granted. (that will be Thur 1/14/21.)

To get that writ issued, you must submit - along with the application for the writ - the new form certifying what type of case it is in reference to. 1)Non-residential, 2)Other than non-payment of rent, or 3)non-payment and you have gone through all the steps.

With no advice from my (former) lawyer, I chose #2 - because on the unlawful detainer form, the judge wrote that possession was granted due to expiration of agreement. It had ORIGINALLY been filed for non-payment of rent, so I was told today that the box I should have checked is #3 - even though that is not the basis on which possession was given. I did receive a monetary judgement, also.

I also learned that I have to give ANOTHER 14-day notice to the Tenant, AFTER the court has already granted me possession, and BEFORE filing for the Writ. The judge did spend some time allowing me to ask for clarification, and explaining, regarding what this notice needs to contain. Apparently, it is the same 14-day notice required for non-payment of rent, with all the information about where to call for help, and applying to VRMRP, etc. [ What? Aren't we already past that?!]

I truly do not get it!

I issued the 5-day notice (which was required then) in October for unpaid rent, a 14-day notice when Nov rent was unpaid, and tenant went into hold-over status in Dec. (I even sent him a non-required notice that he was now in hold-over status, and that means 150% of the daily rent) When she asked if I sent a 14-day notice, I referred to it having been sent in Nov. NOPE!

Now, I have read the new laws over & over. I do NOT see anywhere that it says you need to give another 14-day notice of any type between the judgement for possession and getting a writ of eviction, if that is necessary.

If another VA landlord knows where this is written, please correct me and tell me where to look.

So, here is what I'll do now:

Today I will write & post on his door, and photograph (and hopefully photograph the tenant with the notice when he comes to the door) a 14-day notice as already described. I will write an introductory paragraph at the top of it, stating it is a reminder of the judge's order to be out Thursday, how much money is owed through today, encouragement and instructions on how to pay to avoid being put out by the sheriff - and then all the rest of the stuff that he already got in the previous notice.

Then Tomorrow, I will go back to the clerk & re-apply for the writ, submitting a copy of the 14-day with the application and the certification document [ Today, the judge was looking for a copy of the notice in the file & seemed to suggest it should be submitted with the application, although the clerk had not said anything about it. The clerk (last week) also had no knowledge of any additional notice - I asked.]

Then I will go back to court on 1/28 to try again.

I am certain he will NOT be out Thursday. I swung by after court today, and he has done NOTHING to begin moving, and acted as if he didn't know what he was supposed to do. He's forcing me to experience a Sheriff set-out. It will be my first. Learning, learning - every day!

Y'all have a nice day now.

Court Again Today (by Ken [NY]) Posted on: Jan 12, 2021 3:46 PM

Sheriff set outs are fun,how fast can you and 3-4 people empty out all of someone precious belongings while the bum stands at the curb knowing he had a month or longer to remove his stuff himself? 2 bedroom 20 minutes myself,partner and helper

Court Again Today (by Fishsticks913 [IA]) Posted on: Jan 12, 2021 3:49 PM

How frustrating....

I know when I am doing the online filing and I have a question and call the Clerk of Court, they can NOT help with anything. I was told it is because that would be "giving legal advice."

I did tell them one time, after they denied my stuff the third time, that it would save time on BOTH ends if they just told me what I was doing wrong..... dead silence on their end.

So I walked out of my office and the 2.5 blocks to the courthouse with the file and told them we didn't have internet and we could not file online.

They helped. It was one simple thing I was not "doing"..... Lord.

Anyways..... GOOD LUCK!

Court Again Today (by myob [GA]) Posted on: Jan 12, 2021 3:57 PM

I agree a set out is one of the saddest days for a LL. Most all of us have heart and can not understand who would allow their belongs to be put out.

Keep this in mind: you gave them every opportunity, you worked more than they did to keep them in the home, they made the decision to have their stuff brought outside-- so now sit back-- get a good crew and throw the crap out. Get the blank stare on your face.

Little hint about set outs: I tell my people make sure you put the good junk in the same bag as bad junk. MIX it up. If you don't they'll pick through the bags and leave the trash for you. For nasty folks-- pack the 35 gallon trash bags full and when you get to the street-- empty them out to use on next load. No where does it say you have to leave their stuff in convenient trash bags!!!!

Court Again Today (by 6x6 [TN]) Posted on: Jan 12, 2021 7:31 PM

Thank you for the update DJ.

Definitely a runaround.

Court Again Today (by Cat [WI]) Posted on: Jan 12, 2021 8:22 PM

This is my first time dealing with giving them a 30 day non renewal notice instead of outright suing for non payment of rent or other legal reason to get them out (damages, noise, etc).

If I win the first court appearance of her holding over,I will have to return once she is out, to give money damages. If she doesn't move out after the last day the court gives her to move, I will have to do the Writ of restitution. Have only had to do one of them in 31 years of being a landlord and hers was over 10 years ago. Then the tenants just left all their junk and I meant junk (dirty mattresses, rotten food, etc)in the apartment the day before the sheriff was to remove them.

I think there is a learning curve for so many of us, since Covid has changed so many things.

Court Again Today (by Ray-N-Pa [PA]) Posted on: Jan 13, 2021 2:47 PM

From the Department of Redundancy Department

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