Unlawful Eviction I was served, wife wasn't.

[Kenneth Quade]

Jurisdiction

Virginia

My wife and I rent month to month w/o a lease (the written lease expired several years ago and the police said it doesn't carry any weight anymore).

The nuts and bolts:
We had trouble paying rent. Our landlord sent me a 30 day notice, he served me a court order, he didn't show in court. He sent me another 30 day notice, took me to court again, he was granted immediate possession. No fees, nothing owed, just possession.

My wife was never named. My wife was never noticed. My wife was never served. My wife has no order against her. Is this legal? Does she have to move out? Do I have to move out? How does one contest this when the sheriff shows up?

Extra: My landlord doesn't appear to know his rights, either.
Extra: I offered to catch up, but the landlord refused.

 

[adjusterjack]

When the sheriff comes to physically put you out on the street I guess that you can make a case that he only has the authority to put you out and not your wife.

If he doesn't buy it he'll put your wife out, too.

If he does buy it and you take one step back into the rental your landlord can have you arrested for trespassing.

Do you really want all that hassle?

I suggest you and your wife find another place to live ASAP while you still have some control over what happens to yourselves and your possessions. Otherwise things get ugly.

 

[C-Note]

My wife and I rent month to month w/o a lease (the written lease expired several years ago and the police said it doesn't carry any weight anymore).

The nuts and bolts:
We had trouble paying rent. Our landlord sent me a 30 day notice, he served me a court order, he didn't show in court. He sent me another 30 day notice, took me to court again, he was granted immediate possession. No fees, nothing owed, just possession.

My wife was never named. My wife was never noticed. My wife was never served. My wife has no order against her. Is this legal? Does she have to move out? Do I have to move out? How does one contest this when the sheriff shows up?

Extra: My landlord doesn't appear to know his rights, either.
Extra: I offered to catch up, but the landlord refused.

Maybe you can go to the Court and have your wife file a "Right to Possession" form since she wasn't listed on the Unlawful Detainer Complaint. That way, she can hand the Marshall a copy of it when he comes to evict her. This is purely my opinion, but you might want to check it out!

 

[adjusterjack]

Maybe you can go to the Court and have your wife file a "Right to Possession" form since she wasn't listed on the Unlawful Detainer Complaint. That way, she can hand the Marshall a copy of it when he comes to evict her. This is purely my opinion, but you might want to check it out!

Good point, C-Note.

So far, that seems to only be available in California. No other states came up in my search but I didn't go past the first couple dozen search results.

If OP is in California, the following information might be helpful:

Landlord/Tenant Book - California Department of Consumer Affairs

If OP is in another state, OP will have to name that state to see if a similar procedure is available.

Although, if successful, that tactic only delays the eviction by a week or two.