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Binesh G.
  • Investor
  • Aldie, VA
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Previous landlord not vacating - HELP

Binesh G.
  • Investor
  • Aldie, VA
Posted May 22 2016, 23:57

I purchased a property from homesearch.com with tenants in the property. After settlement I tried convincing previous landlord to vacate the property but no dice. I file "Pay or Quit" notice followed by an unlawful detainer petition in state court. Previous landlord didn't show up  to the court and a default judgement was given. Filed Writ of Possession and Sheriff posted the letter to the door. She hired an attorney to stop the proceeding and they filed an appeal with indigent status.

Fast forward 20 months and they are still living in the property. They filed multiple bankruptcies without following through on every eve of my trial date. The final bankruptcy was followed through successfully. I filed an object for the discharge of debt related to the property. I got Rem Relief from bankruptcy court and waiting for a trial date in state court.

They are anxious to settle now and the offer they have is to vacate the property and leave if I withdraw the case from state court.

Questions:

  • Is there any legal protection for the damages to the property?
  • Is it legally possible to collect the rent for the time they stayed in the property from settlement? There is no contract between the previous landlord and I

Property is located in Virginia.

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