Are there laws that protect a tenant from being locked out of their rental?
In Virginia, there are laws that protect a tenant from being locked out of their rental. Under Virginia common law, landlords cannot use self-help measures to gain access into a tenant’s rental unit. This means they cannot change locks, padlock the door, or remove the tenant’s property in order to gain access. Virginia allows for two types of lockouts: post-eviction lockouts and non-eviction lockouts. A post-eviction lockout can only occur after a court has issued a judgment for possession. Once a judgment is in place, the landlord must first notify the tenant in writing that they have no right to enter the rental unit. Then the landlord must apply for a writ of possession from the court. Only after the court grants the writ of possession can the landlord proceed with a lockout. A non-eviction lockout is illegal under Virginia law. If a tenant is locked out without a court order, they can seek an emergency injunction to regain access to their rental unit. In addition, they may also be entitled to compensation for any damages or losses resulting from the illegal lockout. In summary, Virginia state laws protect tenants from being locked out of their rental without a court order. Post-eviction lockouts are allowed, as long as the landlord follows the process laid out in the Writ of Possession. Non-eviction lockouts are illegal and tenants may seek damages for any losses resulting from the illegal lockout.
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