Legal Question in Business Law in Virginia
My husband and I both have houses. We just got married and live in mine. His ex girlfriend had moved in with him several years ago and would not move when we started seeing each other. Now that we are married, we want to rent the house out. She pays nothing and doesnt have her name on anything concerning the house. How do we go about getting her out. Certified letters have not worked.
2 Answers from Attorneys
s a Franchise Attorney I can say yours is a real estate law question, not a business law question. You will have to institute eviction proceedings against the x-girlfriend. These take time and are not inexpensive. An attorney letter advising her of impending eviction proceedings may be enough to get her out. Especially if it states you will be looking to her for reimbursement of all legal expenses. Consult with a good real estate or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
Bearing in mind that Kevin B. Murphy is not licensed to practice law
in the Commonwealth of Virginia and that he is attempting to answer
a question involving Virginia state law, I can advise you that as a Virginia
attorney with experience in the situation described, that your husband
will have to go to the local general district court in the area where the
property is located and file with the clerk's office what's called a Warrant for
Unlawful Detainer accompanied by a request for a Writ of Possession.
The clerk's office will have the forms required to file for these particular
actions.
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