Legal Question in Landlord & Tenant Law in Virginia

Domestic

My son has chosen to move back with us. He has been using drugs and alchohol. We have elected to ask him to leave. He refuses. The police told us to send an eviction notice to the sheriff to deliver with 30 day notice. He says that he can have me arrested for going into his bedroom. What exactly are my rights as home owner and parent. He has stolen from us frequently and continues to make our lives stressful.


Asked on 1/19/07, 11:19 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Domestic

You as the owner of record of your home, which also undoubtedly includes the bedroom where your son currently has no more than what one might term as "squatter's rights", have the right to have your son removed from the entire premises as a trespasser (meaning one who has been given prior notice by one legally entitled to do so that he or she is forbidden to come upon or occupy certain property, but, nevertheless, chooses to ignore the warning and does so anyway).

Eviction notices are normally legal

process served upon folks who have the legal status of tenants, notifying them that they must quit or vacate the premises which they are occupying by a specified date. Your son would appear to have no such status as a tenant, and, therefore, would appear as of now to be nothing more than a trespasser since you've already given him fair warning that he must leave.

Consequently, the appropriate law enforcement authorities should therefore now be notified to have him forcibly removed (and arrested, if necessary) from your home as a trespasser, if he continues to refuse to leave voluntarily.

Read more
Answered on 1/20/07, 2:30 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Virginia