Legal Question in Real Estate Law in Virginia

Moving without family

My uncle lives in the basement of our home but my family has decided to sell the house and move.

There is no rental agreement and his name is not on the house in any way.

But, because he has so many issues (alcoholic, smoker, generally filth in the maintenace of the lower level of the house). I am afraid that we may have difficulty getting him off of the property assuming that someone will be will to buy the house considering the mess that he has made of the basement and the stench of cigarette smoke that permeates through the house.

Will we be able to simply move him out on our own if he refuses to move his items or will I need to follow a formal process and if so what?

Help -- Please!!!!!!!!!! We are desperate to get out of this house and away from him!

Thank you


Asked on 4/18/02, 3:46 pm

1 Answer from Attorneys
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Moving without family

Since there is no lease and it's your house you can move him or have him moved out whenever you wish. If that creates too much of an uproar I expect you could grt the sheriff to throw him out for trespass once you asked your uncle to leave and he refused.

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Answered on 4/18/02, 5:06 pm


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