Roommate went MIA and left all her stuff!

[jaycast]

What is the name of your state? Virginia

When my roommate moved into my apartment mid-2005, we had a verbal agreement on when rent should be paid and how much. At the end of October, 2005, she walked out of the apartment without saying a word and has not been seen since. After trying to track her down, I've heard from her husband that she had a depressive psychotic episode and that he is taking care of her. None of this was communicated to me for two weeks and since then, only her cat and food have been picked up from the apartment. All her stuff still remains and her room is in shambles. Her rent is still unpaid, causing me to suffer financially and to pay a late fee to the apartment management.

It has already been determined between her husband and I that I want her out. He agrees and tells me he is doing what he can to get her stuff out and get my rent to me "whenever possible". Basically, he's skirting around the issue because he doesn't have the money or the motivation to get her stuff out. I have to track this guy down just to talk to him with never a call back.

Since then, I've had the locks changed on my front door because of security reasons--I just don't feel safe for myself or my belongings knowing what the state of things are right now. I've started boxing up her belongings and throwing out obvious trash in an attempt to make order out of chaos. I've been told that she will be out of the apartment by the end of the month, but I don't know how much water that promise holds.

My questions are, what can I do to be done and rid of all this without getting myself slapped with legal repercussions? I'd love to just throw her belongings out or put it by the trash if nothing is done by the end of the month.

Please help! This is all new to me.

Thanks

 

[LindaP777]

You're gonna have to legally evict her . . . (get ready for lot's of fun!)

 

[jaycast]

How do I go about legally evicting her? I don't even know where to start and I haven't found any websites for my state that break it down.

 

[HomeGuru]

How do I go about legally evicting her? I don't even know where to start and I haven't found any websites for my state that break it down.

**A: you are not looking hard enough. First read the VA L/T law.

 

[jaycast]

I've already read the VA L/T law, but goddamn if I can understand it. I end up going crosseyed two sentences in. What I'm looking for is assistance in understanding the law and actions I can take, which has yet to be offered up. I want her stuff out and to just be done with this whole ordeal.

 

[ENASNI]

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC55000000013000000000000

Nothing is going to spell it all out to you a..b...c.

But you do need to know the LL/Tenant law. However you never mentioned if she is on the lease?

You can also go the abadoned property route if she is not on the lease.

 

[jaycast]

No, she is not on the lease and the apartment management is unaware of her staying with me.

I am scouring that page to find out how I can get her crap out of the room, but I'm not sure which statute will guide me:

§ 55-224. When tenant deserts premises, how landlord may enter, etc.

If any tenant from whom rent is in arrear and unpaid shall desert the demised premises and leave the same uncultivated or unoccupied, without goods thereon subject to distress sufficient to satisfy the rent, the lessor or his agent may post a notice, in writing, upon a conspicuous part of the premises requiring the tenant to pay the rent, in the case of a monthly tenant within ten days, and in the case of a yearly tenant within one month from the date of such notice. If the same be not paid within the time specified in the notice, the lessor shall be entitled to possession of the premises and may enter thereon and the right of such tenant thereto shall thenceforth be at an end; but the landlord may recover the rent up to that time.

-OR-

§ 55-225. Failure to pay certain rents after five days' notice forfeits right of possession.

If any tenant or lessee of premises in a city or town, or in any subdivision of suburban and other lands divided into building lots for residential purposes, or of premises anywhere used for residential purposes, and not for farming or agriculture, being in default in the payment of rent, shall so continue for five days after notice, in writing, requiring possession of the premises or the payment of rent, such tenant or lessee shall thereby forfeit his right to the possession. In such case the possession of the defendant may, at the option of the landlord or lessor, be deemed unlawful, and he may proceed to recover in the same manner provided by Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01.

-OR-

§ 55-233. On what terms purchasers and lienors inferior to landlord may remove goods; certain liens not affected.

If, after the commencement of any tenancy, a lien be obtained or created by deed of trust, mortgage or otherwise upon the interest or property in goods on premises leased or rented of any person liable for the rent, or such goods be sold, the party having such lien, or the purchaser of such goods, may remove them from the premises on the following terms, and not otherwise, that is to say: On paying to the person entitled to the rent so much as is in arrear, and securing to him so much as to become due, what is so paid or secured not being more altogether than six months' rent if the premises are in a city or town, or in any subdivision of suburban and other lands divided into building lots for residential purposes, or of premises anywhere used for residential purposes, and not for farming or agriculture, and not being more altogether than twelve months' rent, if the lands or premises are used for farming or agriculture. If the goods be taken under legal process, the officer executing it shall, out of the proceeds of the goods, make such payment of what is in arrear; and as to what is to become due, he shall sell a sufficient portion of the goods on a credit till then, taking from the purchasers bonds, with good security, payable to the person so entitled, and delivering such bonds to him. If the goods be not taken under legal process, such payment and security shall be made and given before their removal. Neither this section nor § 55-231 shall affect any lien for taxes, levies, or militia fines.

For the purpose of this section and § 55-231 a monthly or weekly tenancy shall not be construed as a new lease for every month or week of occupation of the premises by the tenant, but his tenancy shall be considered as a continuance of his original lease so long as he shall continue to occupy the property without making any new written lease.

-OR-

§ 55-234. When goods of an undertenant may be removed from leased premises.

Section 55-233 is subject to the following limitations: An undertenant, or a purchaser from him, or a creditor holding a deed of trust, mortgage or other encumbrance created on his goods after they were carried on the leased premises, may remove the same upon payment of so much of the rent contracted to be paid by him as is in arrear, and securing the residue, not exceeding six months' rent, if the premises are in a city or town, or in any subdivision of suburban and other lands divided into building lots for residential purposes, or of premises anywhere used for residential purposes, and not for farming or agriculture, and for not more than twelve months' rent if the lands or premises are used for farming or agriculture; and if the goods be taken under legal process against him, the officer executing the same shall, out of the proceeds of his goods, make payment of so much of the rent as to which he is in arrear, and as to what is to become due from him shall sell sufficient of the goods upon credit until then, taking from the purchaser bonds with good security, payable to the party entitled to receive the same, and deliver them to him.


Anyone have any idea as to which I should be following?