Legal Question in Landlord & Tenant Law in Virginia

This is a question about Virginia Law. Just after the new year, a family member of a close friend came to us saying he needed a place to stay and my husband offered him to stay at a property of his grandmother's that was not currently being lived in, after clearing it with her first. Initially the agreement was for a 'couple of weeks', as that's all he said he would need, but nothing was on paper. It has now been two months, with electric bills over 300 dollars. We have received no compensation, financial or otherwise, and he has repeatedly violated agreements about bringing unfamiliar people into the house and having his girlfriend stay with him. We want him to vacate as soon as possible. Does he qualify as a tenant? Is he entitled to 30 days notice, and if he refuses to vacate, would we need to go to court over this? I've seen some advised that authorized occupants can be given two weeks notice and after that date, that law enforcement can be contacted for trespassing but have also seen where a court case may be necessary.

Asked on 3/01/17, 5:23 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, most Virginia courts now treat the situation described as a landlord-tenant matter

where if the "tenant" refuses to vacate the premises, you'll have to go through the

regular eviction procedures requited in the local general district court as any other landlord

would have to do to have a nonpaying squatter removed from his or her property.

FYI, most Virginia law enforcement agencies will decline to become involved in

what they regard as a civil rather than a criminal matter such as trespass.

Answered on 3/02/17, 10:28 am

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