Legal Question in Landlord & Tenant Law in Virginia

My friend has recently been told that she must move out of her aunt and uncle's home where she has lived since she was four years old. She was formerly under there guardianship but has recently turned 18. She is still claimed as their dependent. She has an informal oral agreement with her aunt that the chores she does suffice as rent, however, they have no written rental agreement and she does not pay rent in the form of money. Originally, she was given a sheet of paper that her aunt typed stating that she must leave within 30 days. A few days after that her uncle changed his mind and said that she must be out by next Saturday. This notice was also written down but neither were signed by my friend nor were either of these notices issued or signed by the magistrate. He has informed her that if she is not out by the most recent date he has specified then he will put her things on the curb and have the sheriff escort her out of the house. Can they do this to her? If not what steps need to be taken to ensure that she is not kicked out until she finds a place to stay or a legal eviction takes place.


Asked on 3/14/11, 4:23 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

No, your friend cannot be (legally) evicted from her aunt and uncle's home in

this manner. They (the aunt and uncle) must go through the formal procedures with the local general district court in filing what's called a Warrant for Unlawful Detainer in order to have her removed from the property. And, if they do anything different, they could be liable in civil damages to your friend.

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Answered on 4/17/11, 7:30 am


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