QUESTION
Can I change the locks on 12/17 if signed eviction paper from court state defendant shall vacate the property on or before 12/17?
Asked on Dec 16th, 2024 on Landlord and Tenant Law - Virginia
More details to this question:
Evicting child’s mother, 30 day written notice was given in September. Court for eviction was in November where both parties signed the agreement child’s mother shall vacate the property on or before December 17th. Have a following court date 1/8 to settle any money owed for damages. Can I change the locks on 12/17, and if she does not remove her things at the end of the day 12/17 does that mean she gives up possession of them?
1 ANSWER
1 Award
It sounds like what you have is a settlement agreement, not a court order. You cannot evict and change locks until you have a court order for possession of the premises. Then you must submit Writ of Eviction to the court in order to have the sheriff schedule the eviction. That is when you can change the locks - when the sheriff is there with you for the eviction. Except in certain circumstances there is no "self help" eviction in Virginia any longer. You've done the right thing by filing the eviction with the court, but you have to see it through to the end. The fact that you have another court date scheduled would indicate that it's not the end.
Answered on Dec 18th, 2024 at 6:46 AM