Approximately 30 renters will have to find a new place to call home after Brandon Ladd Apartments in Waynesboro allegedly served eviction notices to a number of residents on Monday, according to a source who asked to remain anonymous.
The source was concerned that many lives would be destroyed by the actions of the complex as they said that most of the residents are low income.
One renter reached out to AFP to say that they were given a five-day notice on Monday notifying them that police would lock their doors on Friday at 9:30 a.m.
The resident, who has a 6-year-old daughter and a roommate who lives with them, said that the people who were evicted are scrambling to figure out what options they may have, if any.
“Most everyone living here are on very tight budgets, and more than likely government assistance. I say this as a person currently on SNAP and needing to sign up for Medicaid,” they said.
The resident said they have only lived in the complex for a year although their roommate has been at Brandon Ladd for more than five years.
They said they are fortunate to have a strong family support system, and they can move into a relative’s home for now.
The resident is busy packing but said they are talking to other residents to learn more about the evictions.
AFP reached out to Neighborhood Properties and Brandon Ladd Apartments for a comment on Tuesday morning. AFP did not receive a response from either party.
Lydia Campbell, a community-based services manager with Valley Community Services Board, said she had not heard about the evictions at Brandon Ladd Apartments. Campbell also manages the local Homeless Helpline.
She said she thought the notice the resident received sounded like a five-day pay or quit notice, which is essentially a late notice and demand for payment.
“Folks have to have their say in court,” Campbell told AFP. “I’d recommend any of these affected households contact Blue Ridge Legal Services.”
Virginia tenant rights
- If a landlord wants to evict you for not paying rent, the landlord must give you a written notice to either move or pay rent in five days. This is sometimes called a pay or quit notice. If you pay the rent in five days, you get to stay. If you do not pay, the landlord can start an unlawful detainer action (an eviction) in General District Court, according to Virginia Legal Aid.
- The landlord must get a court order of possession, followed by a Writ of Eviction that is served by the sheriff.
- If the landlord wants to terminate a month-to-month lease for a reason other than non-payment of rent, the landlord must give you a written notice to move out in 30 days if the rent is paid each month. If it’s paid by the week, then only a seven-day written notice is required. If you do not move by the end of the 30 days (or seven days), the landlord may start an unlawful detainer action in General District Court.
- If the landlord wants to evict you for failure to follow the lease (other than non-payment of rent), or if you have committed a violation that affects health and safety, and if it’s a problem that you can correct, then the landlord must give you written notice to correct the problem within 21 days. The notice can say that if you don’t correct it within 21 days, then the lease will terminate in 30 days after the date of the written notice. This process is called a 21/30 notice. If it’s a problem that can’t be fixed, then the landlord can give you a written notice that the lease will terminate in 30 days. If you do not move out after the 30 days, then the landlord will have to start an unlawful detainer action, and you will have the opportunity to defend against it in court.
Unlawful detainer legal action
A landlord must follow these steps in an unlawful detainer action, according to Virginia Legal Aid.
- File a lawsuit in court. The lawsuit may be filed either in General District Court or in Circuit Court. Almost all evictions are filed in General District Court.
- Serve (legally deliver) you a copy of the court papers in a manner allowed by law.
- Go to court at the date and time of your hearing.
- Get a judgment of possession from the court. The landlord may also get a judgment for unpaid rent and other charges at the same time or may choose to just get a judgment of possession at the first hearing and then continue the case for up to 90 days to establish final rent and damages.
- Get a Writ of Possession from the court. This is the paper that allows the sheriff to evict you.
Serving an unlawful detainer
An unlawful detainer must be served (legally delivered) on you, according to Virginia Legal Aid.
This may be done three different ways:
- Given to you in person, usually by a deputy sheriff
- Given to a member of your household, usually by a deputy sheriff. The household member must be 16 or older. The person serving the unlawful detainer must explain what it is
- Posted on your front door and then mailed to you by first class mail
An unlawful detainer can be legally served on you, even if you never actually get it. If it was properly given to a household member who didn’t tell you about it, you still were legally served. If an unlawful detainer was properly posted and mailed to you but you never saw it, you still were legally served. Both these things are unusual, but they do happen. You should tell household members to pay attention to court papers, and you should pay attention yourself.
Recommended links
- Blue Ridge Legal Services
- Office of Eviction Prevention and Rental Assistance
- Virginia Legal Aid Landlord and Tenant Issues
- Valley Homeless Connection
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Crystal Graham
