Writ of Possesion

[rheajones01]

Jurisdiction

Virginia

Hi,
I live in the state of Virginia and currently have a unlawful detainer summons towards me from my landlord. The initial summon was issued in November (dated for December 6th) for that month's deliquent payment. I had paid November's rent on December 2, but was not able to pay the rent due for December because of other medical and finanical matters throughtout that month. My landlord however continued the intital December 6th lawful detainer summons which will now be January 10th. I have not paid yet my December rent, or January yet, because I will be paying for everything allowing me to be current 2 days, but only after January 10th (on January 12th).

My question is there any thing I could that could help give me time to pay for the extra two days, for example another continuance (but by me) or trial..possibly. I ask because I am unfamiliar with this process, would like to stay at the property and to avoid getting a jugdement. I plan on going to court on January 10th to explain my situation, advising that I could pay everything off including this month in two days. This is my first unlawful appearance with the landlord and was not sure if I agreed to my case as guilty that a judgement and a writ of possesion will still be given, however not immediately, but 10 days or more days after.

Any legal advice or direction would be great.

Thanks

 

[army judge]

My question is there any thing I could that could help give me time to pay for the extra two days, for example another continuance (but by me) or trial..possibly.

The law makes no compromises on your rent.
Your landlord can make such compromises.
At this point, there's probably very little you can do to delay the inevitable.
That said, it would behoove you to approach your landlord and discuss a compromise.
Your landlord can end this by withdrawing his petition to evict you.
That, however, will require you to offer to pay your LL what you owe.

The law isn't concerned with WHY you can't pay.
The law will consider ONLY that you haven't paid.

Good luck.

 

[adjusterjack]

Well, tomorrow is the 10th. If you don't show up in court with ALL the money for December and January, nobody will care that you are "talking" about paying after three months of delinquency. "Talking" about paying is not paying and nobody is going to believe your promise to pay the whole thing by the 12th. I certainly wouldn't and I would move for the writ of possession and the judge would likely grant it.

That being said, according to the following website (which, fortunately, cites the applicable statutes) you'll have 10 days to appeal if the decision goes against you.

Eviction Procedures - Fairfax County, Virginia

(The process should be the same statewide)

It's possible (but I can't guarantee it) that if you pay December and January rent and ALL of the landlord's court costs you can convince the landlord to dismiss the eviction, which will clear the record since the actual Writ of Possession isn't issued until the 10 days are up and physical eviction follows within 30 days but you'll only be given 72 hours notice.

Seems to me that Step 4 is rather inconvenient and costly and I'm not sure I would want to go through it (I've been a landlord) and I might be convinced to dismiss the eviction in exchange of ALL the money owed to me.