• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

No trespassing signs posted

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

asugrbby

Junior Member
What is the name of your state?
VIRGINIA

DUE TO SOME DISPUTES WITHIN THE FAMILY, AND ONE OF THE MEMBERS INCLUDED HAVING A MENTAL HEALTH HISTORY, MY FAMILY HAS HAD TO LEAVE THE HOME I WAS LIVING IN WITH MY BOYFRIENDS MOTHER. WE HAVE BEEN LIVING THERE FOR TWO YEARS AND HAD ESTABISHED RESIDENCY THERE. LONG STORY SHORT, AFTER CONFRONTING MY "MOTHER-IN-LAW" WITH SOME ISSUES WE'VE HAD WITH HER CURRENT MENTAL STATE/HEALTH, SHE WENT ON A TIRADE, VERBALLY ACCUSING ALL HER FAMILY AS "LIARS" AND FOR SOME REASON OR ANOTHER TOLD MY 13 YEAR OLD DAUGHTER TO "LEAVE AND NEVER COME BACK" DURING THIS TIM OF HER BLOW UP, MY SISTER-IN-LAW (WHO LIVES IN THE SAME TOWN) HAD US COME TO LIVE WITH HER WHILE SHE ISSUED A NO TRESPASSING ORDER AGAINST OUR MOTHER-IN-LAW, DUE TO SOME OTHER ISSUES SHE WAS CONCERNED ABOUT FOR THE SAFETY OF HER OWN FAMILY. THIS WAS APPROXIMATELY 3 WEEKS AGO.

WE ARE NOW TRYING TO MOVE INTO OUR OWN HOME, BUT STILL NEED TO COLLECT OUR BELONGINGS FROM MY "MOTHER-IN-LAW'S" HOME. SINCE WE LEFT (SHE THREATENED BUT NEVER ISSUED AN EVICTION NOTICE) SHE HAS POSTED "NO TRESPASSING" SIGNS ALL ALONG HER PROPERTY. WHAT RIGHTS DO WE HAVE TO GOING BACK INTO THE HOME TO RETRIEVE OUR THINGS? WHAT IS THE BEST WAY TO ACHIEVE THIS GOAL?
 


justalayman

Senior Member
it would appear you relinquished tenancy so she does not have to terminate your tenancy. She is compelled to take a few actions before disposing of your property. I would suggest contacting the police to see if they will do a stand by while you collect your property.

§ 55-248.38:1. Disposal of property abandoned by tenants.
If any items of personal property are left in the premises, or in any storage area provided by the landlord, after the rental agreement has terminated and delivery of possession has occurred, the landlord may consider such property to be abandoned. The landlord may dispose of the property so abandoned as the landlord sees fit or appropriate, provided he has: (i) given a termination notice to the tenant in accordance with this chapter, which includes a statement that any items of personal property left in the premises would be disposed of within the twenty-four hour period after termination, (ii) given written notice to the tenant in accordance with § 55-248.33, which includes a statement that any items of personal property left in the premises would be disposed of within the twenty-four hour period after expiration of the seven-day notice period, or (iii) given a separate written notice to the tenant, which includes a statement that any items of personal property left in the premises would be disposed of within twenty-four hours after expiration of a ten-day period from the date such notice was given to the tenant. Any written notice to the tenant shall be given in accordance with § 55-248.6. The tenant shall have the right to remove his personal property from the premises at reasonable times during the twenty-four hour period after termination or at such other reasonable times until the landlord has disposed of the remaining personal property of the tenant.
During the twenty-four hour period and until the landlord disposes of the remaining personal property of the tenant, the landlord shall not have any liability for the risk of loss for such personal property. If the landlord fails to allow reasonable access to the tenant to remove his personal property as provided in this section, the tenant shall have a right to injunctive or other relief as provided by law. If the landlord received any funds from any sale of abandoned property as provided in this section, the landlord shall pay such funds to the account of the tenant and apply same to any amounts due the landlord by the tenant, including the reasonable costs incurred by the landlord in selling, storing or safekeeping such property. If any such funds are remaining after application, the remaining funds shall be treated as a security deposit under the provisions of § 55-248.15:1. The provisions of this section shall not be applicable if the landlord has been granted a writ of possession for the premises in accordance with Title 8.01 and execution of such writ has been completed pursuant to § 8.01-470.
(1984, c. 741; 1995, c. 228; 1998, c. 461; 2000, c. 760; 2002, c. 762.)
 

asugrbby

Junior Member
Would we have relenquished tenancy if the situation were during a domestic dispute? She clearly was not the "right frae of mind" and we worried what she would've done should we have stayed or returned with her present.
 

justalayman

Senior Member
that is irrelevant. As it stands, you have obtained a new domicile and as such, relinquished your claim to the previous one.
 

asugrbby

Junior Member
In that respect, what about women that go into emergency shelter situations? They "relenquish their domiciles"? No mail has been forwarded or addresses changed on any paperwork, so as far as anyone else would be concerned we were still inhabitants of that home, just "on a 3 week vacation" The new home we are obtaining will not be ready until April 1st and we are hoping to get our things by this weekend. We are just concerned about the no trespassing signs.
 

Antigone*

Senior Member
In that respect, what about women that go into emergency shelter situations? They "relenquish their domiciles"? No mail has been forwarded or addresses changed on any paperwork, so as far as anyone else would be concerned we were still inhabitants of that home, just "on a 3 week vacation" The new home we are obtaining will not be ready until April 1st and we are hoping to get our things by this weekend. We are just concerned about the no trespassing signs.
Call the police and ask them to go with you to retrieve your items. You have no right to enter her home.
 

justalayman

Senior Member
asugrbby;2779478]In that respect, what about women that go into emergency shelter situations? They "relenquish their domiciles"?
No. they don't. They remove themselves to a temporary safe haven. At the time of their going to the safe house, there is not necessarily any intent to relinquish a claim to the house they came from. They are simply removing themselves to a safe environment while considering their options. You left with the intent of relinquishing tenancy.


The new home we are obtaining will not be ready until April 1st and we are hoping to get our things by this weekend.
that means you have taken action to find permanent living arrangements. That is very different than a person that moves to a shelter.

We are just concerned about the no trespassing signs.
I would be too. You need to respect them. Either call the police and ask if they will do a standby or plan on filing an action in court.
 

Hot Topic

Senior Member
Next time, don't post in all capital letters. Your post is not more important than anyone else's and no, you didn't post in all caps out of consideration for someone's eyesight.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top