What to do if Irented my basement and she has refused to leave or pay rent for 2 months?

UPDATED: Jul 18, 2012

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What to do if Irented my basement and she has refused to leave or pay rent for 2 months?

I am currently going through the eviction process to get a renter of my basement to vacate. She has not paid rent I wanted to know if after I obtain a writ of property by a Judge, if I can levy her belongings to obtain what she owes me?Is there any way to expedite the process?

Asked on July 18, 2012 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Assuming you obtain a judgment of evcition as to the tenant you have with an award of a specific dollar amount owed for past rent, I suggest that you do not levy on the tenant's belongings in that under the laws of most states in this country, personal items such as clothing, furniture and the like are exempt from levy and you simply do not want to waste time and money seeking an item that you would need to auction off assuming it is not exempt from levy.

I suggest a wage garnishment on the tenant or a levy on her bank account. You want cash, not articles that have to then be auctioned off.

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