Legal Question in Landlord & Tenant Law in Virginia

I am the owner of a home that I lease (although I greatly subsidize the cost) to my disabled sister in a rurul county in VA. Her son and his wife and 3 children moved into the house about a year ago due to a financial situation they were in without my permission and at best I would classify him as an authorized occupant until this point. My sister allowed them to move in, but didn't receive my permission to do so. I must add that her and I don't have a written tenant agreement, but we do have a verbal one. Her son and his wife have gotten into numerous domestic disputes that have seriously damaged my property (the house) and I have been left stuck with the bill to fix these issues. On numerous events I have called the police to have them removed and the police have repeatedly denied my request and say that I have to go through the eviction process. I have tried to explain the law to them regarding that he is not a tenant, but have had no success. At this point in time, my sister and most importantly I want him and his family out of the house and have told him to leave but he refuses. I have even told him to leave in front of the police, but he refuses. He says that when I evict him, he will leave. Finally I'll add that he does not pay anything to me (the owner/landlord). I have benn told that he has on two instances paid my sister $50 in the whole 1 yr he has been living there. Again, my sister and I have an agreement that she can not sublease and I have never received any money from him. Actually, the opposite has occurred. I have given him money for tires on his vehicle so that he can get out of the situation he is in. He is not saving any money and has blown this opportunity totally. How do I get him out and how do I make the law enforcement officials do their jobs... enforce the law? I have gone to see a magistrate already to no avail.. same story.. they are afraid to get sued. I explained that I only rent one house and that he is not under the Virginia Tenant Act. Please help!


Asked on 9/10/09, 12:24 am

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

Despite your assertions that your nephew is not a bonified tenant with respect to your property which he currenly occupies, Virginia law has "evolved" to where in fact he is in effect considered such a tenant(rather than a trespasser subject to criminal sanction), all of which means that you must go through regular eviction procedures at your local general dsitrict court in order to have him removed from the property. (Virginia law enforcement will not involve itself in this kind of situation, as you now apparently have learned.)

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Answered on 9/15/09, 7:27 am


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