Legal Question in Real Estate Law in United States Virgin Islands
Eviction Question
My question is, How do you evict a family from your property. My brother in law and his wife moved back to my husbands parents home. We need to know legally, how can we have someone removed from your premises legally. How much notice does a house guess needs to be removed. He dosen't pay rent, but he has taken over the property. My mother in law dosen't know how to make him leave without a confrontation. We want to allow them a deadline for leaving, but we want this deadline enforced by legal measures. Do we need to have a officer present at the time? What would you suggest?
1 Answer from Attorneys
Re: Eviction Question
If there is no time specified in the lease (or if there is no lease), the landlord must give sixty (60) days' notice to the tenant of the landlord's intention to terminate their tenancy. If they stay past the deadline, the landlord may then file a dispossessory (eviction) with the magistrate court of the county in which the property lies. The tenant would be served with a copy of the dispo and then have 7 days to answer. If they file an answer, a trial date is set and the magistrate decides if they stay or go. If they don't answer, you can apply for a writ of possession and take back the property as soon as the magistrate signs the order.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.MacGregorLyon.com
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