What Actually Happens During an Eviction in Virginia?

What steps take place when a tenant gets evicted from a rental property in Virginia? Follow along in this great article I got from: Eviction Resources.com . To prevent all this, pay that rent ... on time!

Virginia Eviction Laws

The laws in Virginia regarding eviction are governed by Article 5 (Landlord Remedies) of the Virginia Residential Landlord and Tenant Act. This Act was amended and updated in 2010. If you are a landlord in Virginia, it is a good idea to review this law, in particular the section on Landlord Remedies (Article 5).

Virginia Eviction Notice

The first step in the Virginia eviction process is serving the tenant with a written eviction notice. If the landlord is evicting the tenant for non-payment of rent (most common reason), then the landlord must serve the tenant with a 5 Day Notice to Pay or Quit, also called a "Pay or Quit." This notice tells the tenant that if they do not pay the full rent in the 5 day time period, then they will be sued for eviction. If the landlord is evicting the tenant for breaching the lease in a manner that affects health and safety, the landlord must serve a 30 Day Notice that tells the tenant they have 21 days to remedy the breach or else the lease will terminate at the end of the 30 days. This confusing notice is called a "21/30 notice." If the landlord is evicting the tenant for committing a breach that is not remediable, then the landlord can simply serve a 30 Day Notice that says the lease terminates in 30 days. If the landlord is evicting the tenant for breaching the lease in a criminal or willful manner in a way that threatens health and safety, the landlord can give an Immediate Notice of Termination, which says the lease is terminated immediately. If the landlord wants to end a month-to-month tenancy, the landlord needs to give a 30 Day Notice. If the landlord wants to end a week-to-week tenancy, the landlord needs to give a 7 Day Notice.

Unlawful Detainer

Once the landlord gives the tenant notice, and the tenant has not vacated after the notice period, the landlord needs to head to Court. It is illegal for a landlord to evict a tenant without going through court proceedings. Most evictions are filed in the General District Court for the jurisdiction in which the property sits. Sometimes eviction cases are filed in Circuit Court. The landlord will file the Unlawful Detainer case with the clerk of the court, and the court will issue a "Summons." The Unlawful Detainer and Summons will be served (delivered) to the tenant by a Deputy Sheriff, either in person, or by posting on the property and mailing. The Summons will tell the tenant when and where the court hearing will be.

The Hearing

The eviction hearing is where each side can present their case to the judge. If the tenant does not show up, the landlord can win by default, and can even get a Writ of Possession issued that day. In order for the landlord to prove their case, they should bring all documents and witnesses to the hearing. This includes the lease, a copy of the notice that was served, rent receipts, etc. The judge will make a determination based on testimony and evidence. If the judge rules for the tenant, then the tenant can stay. If the judge rules for the landlord, the landlord will win possession of the property.

Writ of Possession

Once the landlord wins possession at the hearing, the tenant will have to move. If the tenant does not move, the landlord can obtain a "Writ of Possession" from the court. The Writ of Possession tells the Sheriff to physically evict the tenant. The Sheriff will serve the Writ of Possession on the tenant, and it will give the tenant 72 hours to vacate. If they do not vacate by then, the Sheriff will physically remove them. If this happens, the tenant will have 24 hours to contact the Sheriff to come back to the property and remove the remainder of their belongings.
evictionresources.com

Doumar's Drive-In, Norfolk

                                     Dedicated to : "Big Al"- Albert Doumar  1922 - 2014                                            Come on by to Doumar’s, Hampton Road’s landmark diner and curb service restaurant, for fantastic made-from-scratch ice cream, North Carolina-style barbecue, shakes, and more! This historic, family owned and operated restaurant has been serving up only the best, classic fare for over 100 years with incredible service.

     Featured on an episode of "Diners, Drive-in's and Dives" with host Guy Fieri, it gained national recognition. Click on the link to their website and see the history, check out the tv shows, meet the Doumar's and then plan your own trip down to the restaurant, you know you want to! It will never be the 

same without "Al" but he made sure the traditions will carry on without him. See you there!

                                                                 Doumar's Drive - In 

Pools - Above ground vs. Inground

Summer is upon us again ... are you one of the many homeowners considering a pool? Let's take a look at the old debate: above ground or inground? (Found this article on HGTVremodels.com, by Peter Walsh)

Deciding on an in-ground pool versus an above ground pool depends on your budget and where you live. In regions of the country where it's warm most of the year, an in-ground pool installed in the backyard is almost expected. In cooler areas or for tight budgets, an above-ground pool may fit the bill.

In-Ground Pools

A permanently installed in-ground pool can add value to your home, particularly if you live in a climate that is predominately warm most of the year. It can also enhance your landscape by providing a water feature that creates a pleasing view from inside the house or from a patio or deck. But while providing a place for entertaining, exercise or lounging, there are drawbacks to installing an in-ground pool. Most obvious is the initial expense as a pool is a major investment. Follow that with the yearly maintenance including a boost to your electric bill for running the filter and/or heater; a hike in your water bill for constant refilling as water evaporates; and the chemicals, cleaning, and opening and closing for the seasons if you live in an area where cold winters prevent year-round use.
   If you have your heart set on an in-ground pool, you'll be dazzled by all the options available as you shop. There are nearly countless ideas for the shape of your pool, the materials for the liner or walls, the decking or paving materials to surround it, and the toys you can add on like waterfalls, slides and diving boards.

Materials

Most in-ground pools are made of either concrete (gunite or shotcrete), vinyl or fiberglass with concrete being the most popular, according to The Association of Pool and Spa Professionals (APSP). The gunite, which is applied via a hose on-site, is covered with a layer of textured plaster made from the same material as the gunite, but this layer is often colored with pigments to give the pool a blue, white or gray color, depending on what look you want. The plaster is often topped with a few rows of ceramic tiles for a decorative effect. A gunite pool takes several weeks to build, but the advantage over other materials is that you have more options as to the shape you want.
   A vinyl pool refers to the liner of the pool. These are generally prepackaged pool kits and are often ready to use in about a week. The vinyl liner hangs from the wall panels which can be made from aluminum, galvanized steel, plastic or pressure-treated plywood, depending on the manufacturer of the kit. Vinyl pools do not generally offer as many options for the shape of the pool, but they do offer many options in the patterns and colors available. For example, vinyl liners can be imprinted with tile patterns that you would otherwise have to pay a premium for if you were to have a fully tiled pool. Vinyl liner pools also tend to be less expensive than a concrete pool.

A fiberglass pool arrives to your site fully built. Imagine a huge bathtub that is sunk into the ground. This type of pool has limited sizes and shapes, but still, there are generally plenty of options to choose from and they take about a week to install. They tend to cost more than a concrete or gunite pool.

Classic blue and white is still the norm when it comes to colors for the walls or liners of pools, says James Atlas, co-owner of Platinum Pool Care. But embellishments that personalize your pool are on the rise. "The opposite of crisp blue is black or gray for liners and walls," says Atlas, adding that properly applied glass tiles attached to the walls just under the coping on concrete pools are replacing standard ceramic tiles.

Shapes

In-ground custom-designed concrete or gunite pools offer the most variety of shapes. Vinyl liner in-ground pools typically come in straightforward rectangles but can also include rounded ends. Fiberglass pools generally come in a limited number of shapes but still offer many options.

Trending across the board is the classic rectangle. It's being driven by the rise in popularity of the automatic pool cover, says Nick Vitiello, design engineer and project manager of Lang Pools. "Auto covers make the pool more efficient and safe." Attached to the pool under the coping on one end and typically running along embedded tracks in the coping, they help prevent evaporation, hold in heat and can reduce the use of chlorine. While an auto cover can be installed on a freeform pool, it increases the cost and may not be as aesthetically pleasing as it is on a rectangular pool.

Above-Ground Pools

If you want a pool in a hurry or are on a tight budget, an above-ground pool is an option. The advantage is that they take just a few days to install, they arrive in a kit form to your yard and are erected by a team of installers.

Many higher-end above-ground pools include decking and railing options that are included in the price or can be added on at purchase. They can be heated to extend your swimming time. An above-ground pool is, by far, the least-expensive option for a pool. Kids love them, and built-in fencing and locking gate options make them safe as long as an adult monitors them.

The main disadvantage of an above-ground pool is that it generally adds no value to your home. They also have some of the same problems as in-ground pools, such as water evaporation and maintenance issues. They typically come in just either 48 inches deep or 52 inches deep so they are not suitable or safe for diving, should that be your sport.

Permanent or Temporary

An above-ground pool is considered a temporary addition to the backyard even though you may have spent time and money incorporating the pool into your outdoor decking or living spaces, and your landscape. When it comes time to sell your home, you may find that it detracts from the overall aesthetic of your yard. But they are much more easily removed from your property than in-ground pools are.

Shapes

Above-ground pools typically come in round or oval shapes so you are limited to what is available; however, the size of the shapes varies. The advantage of this is that you can start out small then work your way up to a larger pool as your family grows along with your budget.

So ... where do you live? How much money do you have to spend on it? What do you want? I also want to add some additional food for thought: When I got my own pool I found my kids decided that our house was the place to be ...  so I saw increases in my laundry bill, grocery bill the replacement of towels and extra bathing suits. I had many more "kids" around the house than just my own. The payoff: I always knew where my kids were, what they were doing and who they were doing it with! They both have grown up to be responsible happy adults, are married and have children of their own now. For me, a pool was a great decision. How about you?

Fireworks Schedule for Virginia Beach, VA - 2014

Fireworks

View fireworks from the boardwalk, where they are launched off 20th Street from a barge on the water.

Please keep all pets safe inside during fireworks.

Please note: Fireworks may be canceled or rescheduled due to inclement weather OR unsafe water conditions.

Fireworks at the Virginia Beach Oceanfront are presented by:

2014 Fireworks Schedule:

Hardee's Latin Fest Jun 27, 2014 - 10:30pm	4th of July Jul 4, 2014 - 9:30pm	Weekly Displays Jul 6, 2014 - 10:00pm
Weekly Dsiplays Jul 9, 2014 - 10:00pm	Weekly Displays Jul 13, 2014 - 10:00pm	Weekly Displays Jul 16, 2014 - 10:00pm
Weekly Displays Jul 20, 2014 - 10:00pm	Weekly Displays Jul 23, 2014 - 10:00pm	Weekly Displays Jul 27, 2014 - 10:00pm
Weekly Displays Jul 30, 2014 - 10:00pm	Weekly Displays Aug 3, 2014 - 10:00pm	Weekly Displays Aug 6, 2014 - 10:00pm
Weekly Displays Aug 10, 2014 - 10:00pm	Weekly Displays Aug 13, 2014 - 10:00pm	Weekly Displays Aug 17, 2014 - 10:00pm
Weekly Displays Aug 20, 2014 - 10:00pm	Weekly Displays Aug 24, 2014 - 9:30pm	American Music Festival Aug 30, 2014 - 10:30pm
Virginia Symphony Orchestra Sep 11, 2014 - 9:30pm www.beachstreetusa.com

5 Feng Shui Concepts to Help Sell a Home

What better subject for a "Friday the 13th !?! Feng Shui.

5 Feng Shui Concepts to Help a Home Sell To put the best face on a listing and appeal to buyers who follow feng shui principles, keep these tips in mind. (Feng shui pronounced "fung shoe-way" 1.Pay special attention to the front door, which is considered the “mouth of chi” (chi is the “life force” of all things) and one of the most powerful aspects of the entire property. Abundance, blessings, opportunities, and good fortune enter through the front door. It’s also the first impression buyers have of how well the sellers have taken care of the rest of the property. Make sure the area around the front door is swept clean, free of cobwebs and clutter. Make sure all lighting is straight and properly hung. Better yet, light the path leading up to the front door to create an inviting atmosphere. 2.Chi energy can be flushed away wherever there are drains in the home. To keep the good forces of a home in, always keep the toilet seats down and close the doors to bathrooms. 3.The master bed should be in a place of honor, power, and protection, which is farthest from and facing toward the entryway of the room. It’s even better if you can place the bed diagonally in the farthest corner. Paint the room in colors that promote serenity, relaxation, and romance, such as soft tones of green, blue, and lavender. 4.The dining room symbolizes the energy and power of family togetherness. Make sure the table is clear and uncluttered during showings. Use an attractive tablecloth to enhance the look of the table while also softening sharp corners. 5.The windows are considered to be the eyes of the home. Getting the windows professionally cleaned will make the home sparkle and ensure that the view will be optimally displayed. Source: Sell Your Home Faster With Feng Shui, by Holly Ziegler (Dragon Chi Publications, 2001)

Quick "Flip" Caution:

It has been happening more frequently now the following scenario (read on) so it is in all buyers best interest to heed these warnings when buying "quick flips" or quickly renovated houses. May 2014 | By Barbara Nichols Foreclosures can bring out the ugly in people. When a home owner from Mission Viejo, Calif., was foreclosed upon by the second lien holder on his mortgage, his response was to hammer holes in the walls and fiberglass showers, damage the pipes and plumbing, and let water in the sinks and tubs overflow on his way out of the door. Facing more repairs than expected, the individual who held the second lien hired a handyman. The holes were patched, the walls painted, new carpet installed, and the landscaping spruced up. The house looked beautiful and the licensee who listed the property described it as having $50,000 in upgrades. The house soon sold to buyers who, concerned about possibly concealed defects, had earlier told the real estate practitioner representing them that they didn’t want to buy a foreclosure or a short sale. They made the purchase under the impression it was neither of those. Soon after the closing, problems cropped up. Pipes were found leaking, and mold was discovered when the owners opened up the walls. They learned from a neighbor that the seller had owned the property for only six weeks and that it had, indeed, been a trashed foreclosure. The seller had actually made only $20,000 in repairs, not $50,000, as receipts produced in pre-trial discovery would show. The listing agent had made an affirmative representation of an unverified material fact. Upgrades of $50,000 require permits and so do many of the items the listing agent claimed the seller had upgraded. Most of the work done by the handyman required a licensed contractor and was done incorrectly, according to the local building inspector. The buyers called their attorney. Both licensees and the seller were sued. The buyers recovered funds and had licensed contractors make repairs with permits as required, but it all came after much grief. This case is an example of a growing number of lawsuits in California and elsewhere involving short sales and foreclosures that are quickly fixed up and then flipped. What Your Client Should Know: Disclosure rules vary by state, but there are steps you can take to avoid getting caught up in a situation like this. First, parties who flip foreclosed or short-sale properties are not exempt from making disclosures just because they haven’t lived there, especially if repair or remodeling work has been done on the properties. All sellers are responsible for filling out disclosure forms, as required by their states, as accurately and completely as possible. Second, if you know any material facts concerning the property that a reasonable and prudent buyer would want to know, you must disclose those. Third, it is reasonable for the listing agent or the selling agent to educate the buyers about questions they might ask the seller. These include: •What was the property’s condition when it was taken back in foreclosure? •Are there receipts from licensed contractors to verify the amount of money the seller spent? •Is there a list of what was done to correct each defective condition? •Were here defects that were not repaired? •What work was done by a handyman? •Were permits available for the work that was done, and what work was done without permits? The answers to these questions will help buyers make informed decisions about properties they’re viewing. Buyers can also check with local building departments as to which projects require permits. Meanwhile, avoid saying, “Wow, doesn’t this look nice?” until the buyer has the full story from the seller. Or that “Wow” might be your reaction to a lawsuit you didn’t see coming. In conclusion: When in doubt, check it out!