If youre in the northern VA area generally, give my office a call if you decide to hire an attorney. Property owners must understand these rights to avoid costly litigation. I apologize for going into such detail. @Jennifer If youre really concerned for your safety, you should file for a protective order. Shes one. Please call us at (804) 501-1680. The house is owned by my aunt, and Im helping my aunt with her affairs as she has moved into an assisted living center. He has not only offered Justin a place to live but has also offered him a job(that hes walked away from a few times before). What can I do? I paid his back rent so he wouldnt get kicked out. If the trailer belongs to your family member, they have a legal obligation to take it with them. I have been bathing her, preparing her meals, etc. It may be issued as soon as 10 days However, to accomplish this legally, it is important to follow the proper steps and pursue the eviction through the courts. In Virginia, May I Secretly Record a Conversation and is the Recorded Conversation Admissible as Evidence in Court? You should consult a qualified, licensed attorney for actual guidance relating to each individual situation in which you are involved. Possession of property is returned to landlord. @Jane If there is a month to month lease, then yes, you could give 30 days notice and then evict. Also being that I am considered a roommate and not a guest how much legal standing does she have? But I dont believe her. He threw a basket full of my clothes in the dumpster tonight as well. Ive now got a scar there. I have just take over an apt me and my husband are on the lease.his cousin left on the 1st of Feb and never paid his rent left his things we told him he had an eviction notice he never contacted the landlord and we have told him to come get his things with no response.we finally spoke with him and he is not wanting to do anything he thinks this is still his apt. If the violation is curable the landlord can give a 30days notice I just renewed the lease then notified my brother he needed to find somewhere else to stay and gave have him 30 days. He has stolen all of my friends money and admitted it to me, he changed the storage key lock and took my name off access, he will not produce her expensive jewelry. What can I do? In a full hearing on a petition filed pursuant to this section and upon evidence presented establishing one or more of the factors in subsection A, the tenant shall recover (i) the actual damages sustained by him; (ii) statutory damages of $5,000 or four months rent, whichever is greater; and (iii) reasonable attorney fees. She left behind her boyfriend that was living in another part of the house. In Virginia, a landlord can evict a tenant for not paying rent on time. My name is the leasee. Have asked them to leave, but have refused. In Virginia btw. It is important to note that the tenant has the right to request any notice in paper form. Essentially, he will be homeless when he has to leave. I cant take the screaming..the constant insults..I get no peace in my home. Hearing is held and judgment issued. You Have Health or Safety Concerns Not reporting visible signs of moisture in the dwelling unit. If the person does not have a lease, and has never paid rent, you can remove them from your home at any time without prior notice. E. If the tenant has been served with a prior written notice that required the tenant to remedy a breach, and the tenant remedied such breach, where the tenant intentionally commits a subsequent breach of a like nature as the prior breach, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice. Any person of age 18 years or older and who is not a party or otherwise interested in the subject matter in controversyor 3. My firm is happy to help if youd like to retain an legal counsel. he is an unwanted guest. In Virginia, no lease, no rent payments, and no move-out deadline makes the person a tenant-at-sufferance, and they can be kicked off the property without going to court or involving law enforcement. I work 12hr shifts! He stays in the house the bought in virginia but his name isnt on the lease nor on the loan, what is the worst case scenario for eviction if he loses his case on how long he has before bring evicted from home? No matter the situation, a landlord is not allowed to forcibly remove a tenant I do know she cannot support herself. @Terri Yes, you still have to take her to court if she doesnt leave voluntarily. There is no right to a legal grace period (i.e., five days); however, weekends and legal holidays are excluded. He suffers from severe bi-polar, anxiety, and PTSD. Every time I tell him to leave and be out he is like okay and still nothing. I paid my 600.00 for that month. My mom was here when he demanded that I sign them, and can attest to his behavior. For incurable violations, a tenant must vacate the premises at the end of the 30-day notice period. He does not live with me. Non-Payment. I have a friend who has only spent 20 days in my apartment. After 2 months she still hadnt paid me and is currently still one month behind. include: If found liable, the landlord could be required to pay the tenant actual damages sustained. To evict a month to month tenant, you must terminate the occupancy by sending a 30 day Notice of Termination. I want to evict her and dont know what is the correct thing to do. I let my 82yo father stay with me after my sister and step sister beat him up a year ago. Non-Compliance. The tenant does not have the opportunity to fix the violation and must move out. Which therefor would make his so called lease still valid. (Va. Filing Fee. I rent the basement area of my mother in laws house along with my husband (whos my legal caretaker/payee, Im on SSI disability) and my 5 year old son. Month-to-Month Tenancy. All my mail is her address including the cable bill only in my name there. They have both had drug history. So, wife said he could stay with us until he could get back on his 2 good feet, but i never agreed to or wanted him to stay with us for the past 3 months or even a day. She wants my sisters bf to get out because he is very disrespectful to her along with us and my sister, he also has a problem giving her rent when she asks for it and starts a She is a confirmed paraniod schizophrenic. I have been living their for two years. So once the written 30 days have been given and the unwanted guest hasnt left, how do you go about evicting where do I go to get this in VA, specifically, in Woodbridge, etc? (Va. He blocks the driveway so that I have to park on the grass. My mother in law has decided while we were gone she is going to go in our rent paid area, touch and handle our personal belongings at her leisure, and clean and organise to her own liking. I was told I had to give him a 30 day eviction notice which I did that day. He wont come get his mail. There are just a lot of layers to issue. Some how my mom managed to call and convince him to let me sleep on the couch tonight. Both, wife and i want him out due him being a bad person unemployed refusing to work, eating our food, using our washing mach/d and and bringing guests over in middle of the night. Not removing any working batteries in a smoke detector or carbon monoxide detector. The second step is to begin the eviction process. Allowing garbage to pile up on the premises. They since filed papers and were granted a 2 year protective order against HIM for calling over there and threatening to blow up the house and burn down the barn. Are you still on decent terms, or is the relationship broken beyond repair? Willfully causing damage to the dwelling unit. [4] notice to vacate. He work everyday but dont help out. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date , Aif there is a material noncompliance by the tenant with the rental agreement or a violation of 55.1-1227 materially affecting health and safety, the landlord may serve a written notice on the tenantstating that the rental agreement will terminatenot less than 30 days after receipt of the notice if the breach is not remedied in 21 days. If the landlord wont help, then you could try to get him evicted yourself. @Stephanie You can sue your brother from the unpaid rent and utilities, but youre going to have to prove that there was an agreement between the two of you that he would pay a particular amount or percentage (emails, text messages, other witnesses, etc.). However, if either the landlord or tenant requests a jury trial, this will add more time to the process. A private process server. They all were passed as a response to the high rate of evictions in Virginia, which are more than two times the national average. The landlord will not do anything about it to help me. In addition, the lease must provide that the owner may evict a family when the owner determines that a household member is illegally using a drug or when the owner determines that a pattern of illegal use of a drug interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents. They do not have their name on the property or utilities of the property. The tenant will have 21 days to fix the violation, if the violation is not corrected within 21 days the tenant will need to move out at the end of the 30-day notice period. But I just cant do this anymore. His father dont want him. The sheriff must deliver the writ within 15-30 days of receiving it, and tenants will have 72 hours once the writ of eviction has been delivered/posted to move out of the rental unit. The landlord put the lease in my name. Leaving a copy with the tenants family member who is 16 years or older; By posting a copy at the rental unit AND mailing a copy to the tenant; or. We are not on the lease either. @Regina If hes abusive, you should get a protective order as that will keep him out of the house and allow you to stay and will not involve the landlord. Do I have the right to immediately evict him or do I still need to go through the court process. Please Im tired of this what should I do??? We have expressed that she needs to enter into an assisted living facility and she has emphatically stated that she does not want to be here in our home, but refuses to do anything to leave. It caused me not to be able to feed my newborn because I was under stress caused my depression I already was going through to get worse. His wife is stating that she needs until August to move out of the marital home. The legal action is called a Wrongful Detainer. How can I get him out of my house? She constantly threatens to kick out my husband or call the cops to remove him if he doesnt leave, for reasons such as not jumping to complete a task she wants done, or if he has spoken out about her behavior as a landlord (usually when shes completely disregarded our wish for privacy or her simply just not touching our belongings) which leads me to; she takes liberty with our belongings. What can/should I do? I need to know if you know of any attorneys in Tappahannock va, I own my home and pay lot rent my fiance lives with me he pays nothing and the expenses of him living there has made my finances begin to put me in jeopardy of having my utility bills to much for me to pay with him living with me i have asked on numerous occasions for him to vacate the premises and he has not left i need help in how to evict him legally can you please assist me in having him to vacate the premises. Feel free to contact my firm if you want to hire an attorney to assist. After the 30 days, he came back and decided he can continue to live here because he is homeless. The verbal abuse is still continuing and he does it in front of my daughter. Can you kick someone out of your house in Virginia? More Landlord or tenant Eviction from rental property Real estate He was pocketing the money and not paying what the money was for. So hes not paying bills, I pay all them , and he stole my debit card and drained my savings and checking. Illegal activity includes: I dont really want to tear out a dishwasher that wont need but I dont know what else to do. Without going into details, the relationship between the two living in the home has gotten to the point to where one has to go; either my friend or her daughter. If the violation is remediable, the landlord can provide the tenant with a 30 days There was no written agreement established when I allowed him in the home 3 years ago. Decides to walk in, act as if the items in the area are hers to organise or move or handle as she sees fit. In Virginia, an eviction can be completed in 2 to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or arent) in session and other various possible delays. Heavy drug abuse and depression have led to violence in the home which has resulted in an assault battery charge against 19, with her mother being the victim.