Experienced in All Real Estate Matters

Unlawful Detainers Lawyers in Fairfax

Helping Landlords Protect Their Properties

As a landlord, you rent out your property expecting the people living there to abide by specific terms, such as paying rent or refraining from participating in illegal activity. Unfortunately, there are times when the renters fail to uphold their end of the agreement and, to protect your financial investment and property, you might decide to evict them from the premises. However, the process is complicated, and if you fail to follow the laws in these types of matters, you could have difficulty removing the renters.

At Keithley Law, our lawyers understand the statutes concerning property evictions. When you hire our team, we will provide informed legal help as we navigate the complexities of your case. Our attorneys have over 50 years of experience practicing the law and have competently handled challenging real estate matters involving contract breaches and evictions. We will keep your best interests in mind as we work toward a favorable outcome on your behalf.

Put years of experience on your side by calling us at (703) 454-5147.

What Is the Eviction Process?

Because your rental agreement is a legal contract that outlines expectations of your renters and obligations that you must meet, when someone breaches the deal you cannot immediately evict them from the property. This means that you can’t change the locks, turn off utilities, or remove their belongings because they did not pay rent or failed to comply with rules. If you do so, your renters could take legal action against you.

When attempting to evict renters from your property, you are legally required to do the following:

  • Provide notice: If your tenants failed to pay rent, you must give them 5 days to make a payment. If they do so by the deadline, they are legally allowed to stay on the property. If the tenants are not adhering to non-monetary parts of the lease agreement, you must give them notice letting them know that they have 21 days to correct the issue. If they don’t, they have 30 days from the date of the letter to leave the property.
  • File for an unlawful detainer: If, after you have given required notice to your tenants, they still do not comply, you must file a summons for an unlawful detainer. This means you’re getting the court involved to handle the matter. When submitting your petition, you must provide proof that you gave notice to your renters before taking legal action.
  • Appear at trial: If your tenant contests the eviction, the case will be taken to trial. During the proceedings, the judge will determine if you have a legal right to have the renters removed from the property. If the case is ruled in your favor, your renter could file an appeal to challenge the decision.
  • Request for writ for eviction: If you win the trial or if the tenant does not dispute the summons, you must file a request to have the person evicted. The writ gets sent to the Sheriff’s Office, and an officer will, within 15 to 30 days after receiving the writ, carry out the order. Typically, the sheriff will provide notice to both the landlord and the tenant 72 hours before the eviction will take place.
  • Remove property/change locks: In some cases, when the eviction is being executed, you can hire a locksmith to go in and change the locks. The tenants have 24 hours to remove their items from the premises, but they cannot stay on the property overnight. In other cases, you can, again hire a locksmith, but also have the renters’ personal things moved out on the same day. In this situation, you may be required to provide moving supplies.

Schedule a Consultation with Keithley Law Today!

If you are seeking to evict renters who are not complying with their lease agreement, our Fairfax attorneys can help you understand your legal obligations and assist you through the process. We know the laws concerning these types of matters and are ready to provide the representation you need.

For sound legal advice and guidance, call us at (703) 454-5147 or contact us online.

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