How does the Landlord receive rent under Virginia Landlord Tenant Rights?
In order for the landlord to get rent from the tenant under Virginia Landlord Tenant Rights, the landlord must file a petition under oath in the District Court where the leased premises are located claiming that the tenant owes a certain amount of rent. Refusing to give rent or having overdue rent can cause the tenant to go to court or have the property of the tenant, seized. The landlord has a lien on all of the tenant’s belongings on the subject property, according to Virginia law. Furthermore, practically all other claims against the tenant’s property are subordinate to the landlord’s claim.
Is It Any Good?
The property owner lien is not only a right to file a claim; it is a lien that exists from the start of the tenancy and lasts for thirty (30) days after the tenant’s belongings are withdrawn. As a result, the landlord’s lien is a very effective tool under Virginia Landlord Tenant Rights. As long as the competing liens arise after the rental begins, the property owner’s claim is even stronger than protected claims, including documented UCC “purchase-money” security interests. The landlord’s lien is stronger than that of other secured creditors, even if the renter files for bankruptcy. The landlord’s lien empowers a landlord who is due rent to attach or even seize the tenant’s property to the amount order to fulfill the outstanding rent. A tenant’s property that has been taken from the properties in anticipation of default is subject to attachment or seizure for a period of thirty (30) days after it has been removed.
How can you use it against a tenant?
To generate the lien, no specific activity is required. unless the lien is enforced by some action, it is not particularly valuable. It is commonly done through a “distress” proceeding, which permits the landlord to attach or seize the tenant’s belongings. If a landlord wants to impose his claim through a distressing matter, he must first file a sworn petition that states the amount of rent owed, lists the subject, and explains why the attachment or confiscation is necessary. These arguments are spelled out in regulation and cover a wide range of situations. Most significantly, the landlord must claim that the renter is planning to depart the Commonwealth or hide from his creditors. Distress can also be used to prohibit a tenant from selling or renting his property to avoid paying his landlord.
If the tenant’s property is to be linked but stays at the tenant’s location, the landlord must post a bond equal to the value of the property. The constable will confiscate the property and enable it to be retrieved by the landlord provided a bond equivalent to twice the property’s worth is posted under Virginia Landlord Tenant Rights.
Up to what extent can it go?
Only property on the premises at the time of default or within the previous thirty days can be used to enforce the landlord’s lien. Even if the property was purposely removed to escape seizure, any property removed from the premises prior to that period is not subject to the lien.
If the property is confiscated under Virginia Landlord Tenant Rights, the tenant can reclaim it by posting a bond equal to the property’s worth. Most importantly, every tenant has the right to a hearing within ten (10) days of the attachment or seizure to regain his property if he can prove a solid response to the distress petition and inability to pay a bond to secure the property.
The Virginia Residential Landlord and Tenant Act governs the rights of the parties in a Landlord/Tenant transaction.
If you have a landlord tenant matter you may wish to discuss your case with a landlord tenant lawyer at Mughal Law Firm PLLC. Contact us today!