Legal Question in Real Estate Law in Virginia

Don't have a lease?

My brother was told he can live in my sister's house. He in return moved his girlfriend and children in the house,my brother is a truckdriver. She in returns moved her friends in and others in the house. She has been living there for over 2 years. A lease was never signed. What kind of notice do I need to give her and her friends in order to get them out of the house. They have wrecked the house and is destroying the neighborhood. My brother now wants them out of the house and I am the executor of the estate of my sister.

Without a lease am I legally obligated to give them served notice other than written notice to vacate the property? It might be a possibilty they could be doing things that are not too good in the property.

I want to give them 15 days notice to vacate the property. I did not consent to them moving in my neice did.

As the execute what do I need to do?

sh


Asked on 5/05/08, 2:11 pm

1 Answer from Attorneys

Re: Don't have a lease?

If there have been no written or oral agreements and no rent or other consideration exchanged, I don't see why these people would be treated as anything other than trespassers. Based on the information provided, I would recommend that the title owner of the property first ask these people to vacate and then contact the police department. If the police are unwilling to remove them, speak with an attorney.

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Answered on 5/05/08, 3:26 pm


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