Legal Question in Real Estate Law in Virginia

Eviction of Occupant orTrespasser?

I just bought a house two days ago in Virginia from an investor who bought the house out of forecloser one month ago. The investor allowed the original owner to stay in the house while considering selling or leasing. The old owner has no lease nor has payed any rent money for the past month. To get them out do I have to treat them like a tenant and give them an eviction notice or would this be a trespassing issue? If it is a trespassing issue, would I have to file an unlawful detainer or would the sherif remove them immediately? If I have to send them an eviction notice, how many days am I required to give?

Thanks


Asked on 5/12/07, 7:29 pm

1 Answer from Attorneys
Robert Strupp Robert J. Strupp,Attorney at Law, PLC

Re: Eviction of Occupant orTrespasser?

I suggest treating them like a tenant. Initially, they did have permission from the investor owner. If you knew ( or should have known)that when you purchased, you might be best to give them 30 days notice and treat it like a month- to-month-lease.

Lastly, I suggest consulting with an attorney to review the process and risks. If the former owners were in any way misled by the investor to think they were going to "lease-back" after foreclosure, there could be additional issues.

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Answered on 5/13/07, 8:02 am


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