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Can A Landlord Use "Self Help" To Evict Me?
by: Virginia Poverty Law Center
Q.	Can a landlord change the locks, turn off my utilities or put my things on the street to make me leave my rental property?

A.	Not legally. The law does not allow your landlord to do those things unless he has first gone to court to have you removed. A landlord cannot use "self-help" to force a tenant to leave without going through the court process.

Q.	What if my landlord does one of these things, or threatens to?

A.	Call your legal aid office and ask for legal help.

Q.	What can I do if my landlord uses "self-help" (by locking me out, putting my things on the street, or cutting off my utilities)?

A.	If the landlord does one of these things without going to court first, you should first call the sheriff or police and they may help you get back into your rental property. You may need to show them a lease or a rent receipt to prove you are a tenant in case the landlord says that you are not a tenant. Be sure to tell the sheriff that the landlord has not taken you to court. If that doesn?t work, sometimes you can sue the landlord to get back into your home and you may also be entitled to money damages.

Q.	How can the landlord make me leave?

A.	The landlord must give a proper legal written notice to terminate the lease. If you don't leave by the date on the notice, the landlord then has to file court papers (called an ?unlawful detainer?) and go to a court hearing. You should be served with the court papers and those papers will give you the date of the hearing. It is very important that you go to court on that date.

Q.	What will happen at the court hearing?

A.	The landlord will tell the judge why he wants you to leave. You can tell the judge any reasons that you think that you should not have to leave. The judge may ask you to come back to court on another day for a trial if the facts are disputed. At the first court date or at the trial, the judge may order you to leave. Even if you think you will lose, you should go to the court on the court date, because you may get more time before you have to move out if you are present in court.

Q.	What will happen after the judge orders me to leave?

A.	You can file an appeal within 10 days of the judge's decision. To appeal, you must also post an appeal bond and pay other court costs within that 10 day period. If you can't or don't appeal, the sheriff must serve a paper, called a writ of possession, at your home. The writ of possession will give the date and time when your things will be put out if you have not moved. The writ of possession must be given at least 72 hours before you will be evicted.

Q.	What if I don't leave?

A.	After the 72 hours, the sheriff can make you leave or put you and your things out on the street. That can only be done after a court hearing and after your 72 hour notice.


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	Last Reviewed On: 09/25/08

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