Legal Question in Landlord & Tenant Law in Virginia

Evicting house guest

When my husband's widowed father went into a nursing home, my husband allowed the long-time gardener of his parents to occupy a bedroom of the home, mostly to have someone there until the house was sold. As part of this occupancy, he was to maintain the yard and do odd jobs, but he has done very little in the 5 months he has been there. He brought in a mattress and some clothes. He pays no rent, no utilities and has no mail delivery. He began drinking regularly and heavily, prompting at least 2 visits by police. He has been in the home for 5 month, but my husband served him with notice to vacate in 30 days approximately 60 days ago. He refuses to leave. We have asked for help from police and the Fairfax County sheriff, but are being told the gardener now has residency and can only be removed through eviction. I don't see how this can be right. The Consumer Affairs office says this is not landlord-tenant and those protections do not apply in this situation. We are at the end of our rope. The house needs to be sold to support my husband's father and this occupant is interfering with that. Any advice is welcome.


Asked on 4/24/09, 2:04 pm

1 Answer from Attorneys
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Evicting house guest

You might consider filing today an unlawful detainer and rent claim in General District Court. I would not worry about what may or may not "apply in this situation." The longer you wait, the worse this situation will become. Good luck.

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Answered on 4/24/09, 2:43 pm


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