We are afraid of being evicted immediately. We need at least 30 days to save money to vacate here but don't want to be put on the streets immediately. Please help me with some advice
If you have lived in the motal room for at least 90 days then you are considered a tenant under the Virginia Residential Landlord and Tenant Act. This means that they can't just lock you out if you don't pay the rent, but they woudl have to go through the legal eviction process, which is generally going to take a month or more. Even if you have stayed there less than 90 days the landlord still has to give you a 5-day notice before locking you out. So you should have some time. If you have lived there more than 90 days and they lock you out that is illegal. If that happens, call the Sheriffs and show them Virginia Code 55-248.3:1 - subsection D 3 and 4:
3. If a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55-360 et seq.), boardinghouse, or similar transient lodging as his primary residence for fewer than 90 consecutive days, such lodging shall not be subject to the provisions of this chapter. However, the owner of such lodging establishment shall give a five-day written notice of nonpayment to a person residing in such lodging and, upon the expiration of the five-day period specified in the notice, may exercise self-help eviction if payment in full has not been received.
4. If a person resides in a hotel, motel, extended stay facility, vacation residential facility, including those governed by the Virginia Real Estate Time-Share Act (§ 55-360 et seq.), boardinghouse, or similar transient lodging as his primary residence for more than 90 consecutive days or is subject to a written lease for more than 90 days, such lodging shall be subject to the provisions of this chapter.
I would call the Sheriff rather than the police only because they are the ones who oversee evictions and so they are familiar with the process and should know what is legal and not. Also if the landlord locks you out it is not criminal, it just makes them civilly liable. Not criminal means the police won't care or know what to do about it. Hopefully the Sheriff's office will help you, although they might just tell you to take it to court.
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