Legal Question in Real Estate Law in Virginia
My Grandma has been allowing my aunt and uncle to live with her over the last 10 years. Recently the living conditions have gotten unbarrable for my grandma ie. bed bugs, mold and horriding. Given the conditions we decided it'd be best if my Grandma moved in with us. We sent my aunt an email in September asking her to clean the house and get rid of the bed bugs by December. My aunt decided to move out instead which is fine but now she is taking her time getting her stuff out. We told her that all of her stuff needed to be out on February 1st b/c we were having a company come into throw everything away. I know there are laws/regulations regarding evicted a tenant but she did not pay rent or help me grandma in any fashion so I do not believe these laws/rules apply. I want to make sure that if we enter the house on the 1st and clean it out that she will not have legal ground to stand on... Please Advise
1 Answer from Attorneys
First of all, since you apparently do not own this house, you would
have no apparent authority to serve any ultimatums upon your
aunt regarding the removal of her property from this residence where's she's been residing for some 10 years. And, furthermore, if you authorized the removal
of her property by the date specified, you could incur personal
liabilty if the aunt decided to take matters to court(in my opinion).
I also might add that in my opinion you are also very likely wrong regarding
the rules/law that would likely apply to your aunt and that your grandma
would have to follow formal eviction procedures to remove her from
the property(if such action became necessary).
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