Evictions are common but rarely turn violent

VIRGINIA BEACH

Last year, the Virginia Beach Sheriff’s Office helped evict 1,504 tenants, and while evictions are often emotional, they are rarely violent, police said Thursday.

Only one eviction last year led to an arrest, said Sgt. Patricia Rosen, chief process supervisor for the sheriff’s office.

The eviction procedure Wednesday that led to three shooting deaths did not involve sheriffs and had not yet reached court, Rosen said. Sheriffs do not get involved until there is a court order for eviction.

During such evictions, sheriffs are present to enforce court orders but not to assist the landlord or tenant. “It can be, at times, a sticky situation for us,” Rosen said. “We’re just trying to keep the peace.”

Most residential evictions in Virginia Beach follow the same pattern:

First, the landlord gives the tenant notice that he will be evicted if he does not pay the rent or comply with the lease within a certain time, usually within 30 days. It is possible Wednesday’s eviction was at this stage.

If the tenant does not comply, the landlord goes to court and gets a summons. A court date is set.

In court, a judge hears both sides and rules. There is usually a 10-day appeal period, but it can be waived by the judge. If the judge rules in the landlord’s favor, he issues a writ of possession to the landlord. That allows the legal eviction.

At that point, the sheriff gets involved.

A deputy serves notice on the tenant to vacate the premises within 72 hours. The notice is handed to the tenant personally or posted on his door. If the tenant does not move out himself, he is evicted in one of two ways.

The less common eviction is a “move out” or “curb eviction” in which the landlord moves all the tenant’s possessions to the curb. More common is a “lock out” in which the landlord locks out the tenant, who then has 24 hours to retrieve his belongings.

In either case, the sheriff’s office is only present as an observer. The sheriff does not physically move out the tenant’s things.

Violence sometimes erupts during court-ordered evictions, but “not very often,” Rosen said. If it does, a deputy can arrest the offender. Rosen could recall only one such arrest during the 1,504 evictions last year.

Rosen said there were no evictions scheduled for the Thalia Gardens apartment complex on Wednesday.

Marc Davis, (757) 222-5131, marc.davis@pilotonline.com