Legal Question in Real Estate Law in Virginia

I live in Virginia. I have a son living in my home who is 51 yo. He has never paid rent or utilities. He doesn't even have a job. I am elderly so I moved in with my daughter recently to help in my ailment. There is no running water in the house but I still pay electric. I want to stop paying bills for services I don't use. I served him with a 30 vacate notice because I want my grandchildren to move in my house and take care of it, but he won't leave. Since he is not technically at tenant I feel that the exception in � 55-248.5. Exemptions; exception to exemption; application of chapter to certain occupants. #8 protects me as homeowner. I want him out once the 30 days I gave him are up. Do I have to go through the hassle of filing an unlawful detainer and waiting another 3 to 4 weeks for a court to order him out? Or do I have a right to change my locks after his 30 days are up? The Virginia Landlord and Tenant Act is not clear and I don't feel our situation falls under these guidelines. Thank you


Asked on 4/09/14, 4:00 pm

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

Yes, subsections 9 & 10 of Va. Code Sec.55-248.5 would appear to make

the VRLTA inapplicable to your particular situation as described, but in my opinion you will nevertheless still have to file an unlawful detainer action against your son to have him removed from the premises and go through the standard eviction procedures in your local general district court as any other landlord would have to do with a regular paying tenant who was in violation of his lease (even though neither of these describe your son's situation as an apparent freeloader who probably has never signed a valid lease in his entire life).

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Answered on 4/09/14, 8:51 pm


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