In Virginia For a Day First Open Carry Run in With Law (sort of)

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Titan6

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Mostly because I called them.

Got out to the old house we had been renting to Carey Swecker and Robin Swecker of Augusta County just outside of Staunton. The Sweckers have not paid their rent since May and had disconnected their telephone and not paid the gas bill (the gas company called us to tell us they were locking the gas line). We had sent an eviction and non-renewal notice and figured that they would be out of the house. The last couple of certified mails had gone un picked up also.

No such luck.

When we got there they had a vehicle sitting in the front yard that had expired tags from '05 and some kind of trailer. I knocked on both the front and the back door and there was no answer. I opened back door, round chambered but holstered with tab off. Carey was standing behind the wall next to the door and as I pushed the door open reached over and grabbed the keys from the lock (I had allowed the door to swing open with the keys in the lock...foolish). I debated drawing and decided to wait and see what he was going to do. I asked what he what was doing here and he said he had not moved out yet. I told him his lease was up and he needed to leave and to give me my keys back. He said he didn't have to leave and he was keeping the keys.

I told him I was calling the police. He said go ahead and thought about it for a moment and then offered me my keys back. I called the police and he kept offering the keys back and I took them. I then moved down to the gate and waited for the law to arrive.

The first car showed up. I shook hands and I told him what was going on, showed him the letters. Very professional. I should mention I was open carrying my Glock. He handed me back the letters and went indside to talk to Mr. Wonderful.

While he was inside second car showed up five minutes later. Could have been a repeat of the first guy. I wait outside a couple of minutes.

Then the third car shows up. This guy is in civies. Supervisor maybe? Anywho... he also goes inside. About five minutes later all three emerge. They tell me without a court order I can not have them put his stuff on the street.

Head LEO says that I had come up here carrying a gun and had scared the poor fellow. I told him that it was within my rights in Virginia to carry a gun and he about tripped over himself in agreement. He asked me why I had brought it and I told him I had no idea if anyone was in the house. He said that Mr. Swecker appeared to be packing (his stuff to leave). Mr. Swecker says he has a bad back and can not move stuff and has to rely on his wife to move stuff. He says his standards of cleanliness are too high to leave the place a mess. He says this while standing next to the couch laying out in the yard next to the vehicle with the tags that expired two years ago. Next to all the trash that has piled up beside the house..... Anywho.

I say don't worry about cleaning and just move out. The LEOs walk off. I ask him if he is going to be out in two days like he just told the cops. He says he is going to wait on court papers and goes back inside and locks the door.

Since I also own the smaller house next door (previously rented to a nice young couple now moved out) I start moving my stuff in there. About an hour later the Sweckers 18 year old daughter shows up. She goes over to the shed on the property I now occupy and looks inside. I had busted the lock off as the last tenants had left it behind. There is a bunch of junk inside in boxes. I tell her to get off my property or I will call the police. She says it is her stuff. I say ''So what, you are tresspassing get off''. She leaves. Now Robin (mama) Swecker shows up. I tell her the same. She doesn't leave I call the police again. They see me on the phone and take off flinging curses my way. I tell County I don't need them that they left. County says they won't send anyone out. Mama is mad. She says I threatened the baby with a gun. The gun never left the holster. I never even got out my chair.

I tell her to get off my land. It is my land. She leaves... angry.

I set a court date for 21 August. That is a long time from now. I have a lot to do in preparation for my upcoming tour to Iraq and don't need these kind of headaches. I have to get the house cleaned and fix all the stuff they vandalized while they were living there. Trash removal alone will likely take a day.

I check on my family. They are in a safe place. I occupy the dwelling. And here I sit. I call the call county and ask them what time I can target practice. I tell them I live on ten acres in the county and they tell me that quiet time is Midnight to 0600. I need some night fire training and am restricted on my time to about 2400. Also 0600. I have nothing else to do with my time other than work on dweliing number two. I think I will also erect a barbed wire fence around dwelling number two. This will make me more secure. I have no other neighbors within half a mile. In fact I will be doing a lot of training in the future out here at all times except 0000-0600.

If anyone in the Staunton area want to come out and practice day or night anytime just drop me a PM. I will be more than happy to have you. I have lots of free time on my hands.
 
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Man that sucks on MANY levels. I'm glad you had a safe place to put the family.

Just an FYI, the "cliff's notes" version of Virginia's eviction laws.

E
victions in Virginia
Writ of Possession in Unlawful Detainer (EVICTION)

Note: Unlawful Detainer and Eviction may be considered the same for the following discussion.

(8.01 - 470 & 472 code of Virginia) The Writ of Possession in Unlawful Detainer (Eviction) is a court order authorizing the Sheriff to physically remove a person and his belongings from a premises and to return possession to the landlord. Usually the court will not issue the Writ of Possession until the appeal period has lapsed. The appeal period is ten (10) days.

Every tenant has the legal right to live in rental housing unless and until the landlord follows the legal process for eviction. The process depends on whether your rental housing is covered by the Virginia Residential Landlord Tenant Act (VRLTA).


Time Period for Executing Writ:

This Writ gives the Sheriff thirty (30) days in which to execute. Effective July 1, 2000, this code, 8.01-470, has been modified to read, "The execution of the Writ of Possession by the Sheriff should occur within fifteen (15) calendar days from the date the writ is received by the Sheriff, or as soon as practicable thereafter, but in no event later than thirty (30) days from the date the Writ of Possession was issued."

It is important to remember the date the Writ was issued should a postponement be requested after scheduling the eviction.
The Virginia Residential Landlord Tenant Act covers:
If you live in an apartment building or in any type of multi-family housing. Multi-family housing means you share heating, hot water, entry and exit, or some other service with another dwelling unit in the same building. You also are covered if your landlord rents out more than ten single-family homes. In cities and in urban counties, you are covered if your landlord rents out more than four single-family homes.
Virginia Evictions - Questions and Answers
What type of notice does a landlord have to give to evict?


No matter what the reason, a landlord must give you a written notice in order to evict. However, you do not have to move just because a landlord has given written notice.

Is a landlord’s oral notice to move any good?

No. A landlord’s oral notice to move is not good. An oral notice to move should not allow the landlord to start an eviction. You do not have to move just because a landlord has given an oral notice.
What type of notice does a landlord have to give in a non-payment of rent case?


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 5 days. If you pay the rent in 5 days, you get to stay. If you do not pay, the landlord can start an eviction in General District Court ( GDC ). You do not have to move just because the landlord has given a written notice.
 
And the other part

Duties of the Virginia Landlord in Evictions

Arrive on time. The Deputy will wait about ten (10) minutes if the landlord is running late. However, after ten (10) minutes the Deputy will leave the scene. Communication is key here. Let the Sheriff's Office know if there is an emergency situation. The Deputy will try to work with the landlord but he will not wait any longer than ten (10) minutes if we have not heard from the landlord.

Do not enter the property before the deputy arrives. Entering before the Deputy arrives will result in the Sheriff canceling the Writ and no performance of the eviction. This is done to ensure both the landlord's safety and the safety of the Deputy, but moreover, to limit liability to the Sheriff and the landlord by false accusations made by disgruntled tenants. If the landlord starts moving property out before the Deputy arrives, he cannot ensure the eviction has been done in a lawful manner and will back out, stating the landlord has taken action without the assistance of the Sheriff.

Any knowledge the landlord has about the tenant is helpful to the Deputy. It is important for the Sheriff to know if the tenant may have any weapons in the dwelling, or if the tenant has been arrested for assault, or believed to be dealing drugs. Incidental information, such as inoperative cars, pets, waterbeds, and juveniles left alone is important because they can prolong the eviction and may necessitate additional preparation by the landlord, the Sheriff, or animal control. If the landlord knows the tenant has changed the locks, the landlord may want to have a locksmith available at the appointed time.

The landlord must supply sufficient personnel (movers) to allow speedy removal of the property. The deputy, at his discretion, can postpone the eviction for lack of sufficient personnel. If the eviction is postponed for lack of sufficient personnel, the landlord will be required to pay additional fees for the service of the new 72 hours notice. We usually recommend at least three (3) to five (5) people depending upon the amount of property inside. It is the landlord's responsibility to remove the property. The Deputy is there only to maintain peace and to protect the public from harmful objects.

While the Code of Virginia does not require the landlord to change the locks after completion of the eviction, the landlord may want to consider doing so.
Trailer Evictions:

If the Trailer Owner is Landlord but not the lot owner:

Where the landlord requesting the eviction is not the lot owner where the trailer sits, the tenant will be treated as though they were renting an apartment, thus all personal property inside the trailer will be moved to the nearest public right of way.

If the Landlord Evicting is Lot Owner but Not Trailer Owner:

This is a complicated issue. Please contact the Sheriff's Office for detailed instructions and considerations.
To The Tenant

On the day of the eviction, all property will be placed along the nearest public right of way. Should the tenant leave any pets, they may be recovered through the Local Department's Animal Control Division. If the tenant cannot be present when the eviction takes place, the tenant may want to have someone whom they can trust be there to protect their property. The Sheriff or Deputy can only ensure the safety of the tenant's property while he is there. Once the Deputy leaves, they are no longer responsible for the property.

In the event there are children home at the time of the eviction without an adult, the Local Department of Social Services will be called if the tenants cannot make arrangements for supervised shelter of the children

Again, just FYI
 
I was up at Hite Hollow on Sunday for the summer ARFCOM shoot. Wish you could have been there. It was a small turnout, but we had a blast. Only had one full-auto and several with cans but we made up for it with lots of enthusiasm and red-head jokes. :) Here's the pics:

http://www.pbase.com/rnb65/hite_hollow_july_2007

If we had known you had varmint problems, we could have moved the shoot to your place. :evil:

When you headed to the Sandbox? A buddy of mine is in Baghdad right now. He's retired Army NG, but got recalled to duty and sent to play in the Green Zone.
 
Good thing that your property isn't out in Augusta Springs or Craigsville or you would have really had a problem on your hands. :p
 
Thanks for the information. Lucky for me I do not rent out four or more dwellings. Still I will follow the letter of the law. We sent the eviction notice via the sheriff's department last month. We filed in court today. Guess I should have drove back from Texas and filed last month.

The only other time we had to evict somone they left on the first notice. I was really surprised that they were still there when I go there. I guess I will have to wait out the 21 days. Since I am not covered by the law maybe the judge will issue the writ the same day? The way my luck has been running this month I tend to doubt it.

Night fire is going well though. I am in my second interation of pistol fire. I will start the next interation in a couple of hours. I need to practice more rifle than pistol. I will get out my AR-10.
 
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I have to be in theater beginning of December. But I have to be at Ft. Riley sooner than that. I know these people won't leave without the law being sicked on them but I hope they do.
 
never retreat- Absolutely but I warn you the range is only 100 meters at best so you are looking at point blank range.

This weekend we are having a family reunion in the area. Afterwards everyone that shoots is coming back here for some fun. The FIL has promised to bring something special. For him that must really be something as his collection is well... the envy of all who know him.
 
Darn Titan I hope that all gets sorted out. Under 100m? Well I have a new Russian Mak I haven't tried out yet. :D
 
What's the law about remodeling? You could always remove the doors and windows, cut the power, and begin "painting". If they complain just say that they are supposed to be moving out and that you have to get the house ready for new tenants before you ship out to Iraq.

Provided that it is legal, you just might be able to get a jump-start on that court order.
 
Unfortunately in VA that -could- land HIS backside in jail...with some HEFTY fines to boot.
(wow this situation sucks so bad and each time I look up more it seems like the tenant has a seriously disproportionate amount of protection)
 
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That's too bad. I'm all for protecting people's right to live somewhere, but when those people stop paying rent and refuse to leave you eventually have to protect the owner's right to property.
 
I looked through lines and lines of code and could find no criminal charge for cutting utilities. I called the Augusta County Magistrate and the Sheriff's department and told them that my evil landlord had cut off my water and lights because I was a couple of months behind. She could not get me off the phone fast enough. She said it was a civil matter and to take it up in court. bye-bye
 
You can't order basic "human services" terminated, especially if they've paid the bill. I'll try to find the statute if I get a chance. Now since they haven't been paying for them at all well that might be a different matter.

Again I'm NOT a lawyer so take anything I say with due consideration 'cause I certainly could be mistaken.

Can a landlord lock out a tenant or shut off utilities?

Under either the general law eviction or the VRLTA eviction law, the landlord may not shut off utilities, lock the tenant out of the rental unit, or evict the tenant without giving notice and going to court. You do not have to move out just because the landlord tells you to leave and takes out an unlawful detainer. The landlord must wait until a court order is issued. These steps usually take more than 2 months from the day the tenant gets a notice to move out.

As I said, I'll try to find the actual statute.

EDIT: Found it in that PDF handbook I pointed out. 55-248.26 "Tennants remedies for landlord's unlawful ouster, exclusion, or diminution of service".

Not saying this -will- happen, just saying be careful thats all.

Jeeze Titan, the more I look into this the more it sucks to be a landlord! I am so sorry about that!
 
But I am not covered under that act since I only rent out three places right?

Besides which I see no criminal charge of any kind. To me it is kind of like saying the ''It is illegal for the renter to damage the property''.

I absolutely refuse to do anything criminal at all. If they want to sue me good luck. They owe me a truck load of money as it is.
 
Be careful and don't do ANYTHING that might allow them to stay longer or take money out of your pocket because you try and force them out via basic needs (power, water, etc).

They're SLUGS and for some reason the laws seem to protect their rights over ours as law abiding citizens.
 
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