I live in the state of virginia and have a verbal agreement with a guy who is renting out my spare room. I never had him sign a lease agreement. He is just a roommate. Now I want him to leave. He is behind on his rent. His dog uses my house as it's own toilet. I walk through my front door and slip in urine. It is discusting! My house smells bad now. Three weeks ago I wrote him a note stating that he needed to leave. Our arrangement is not working out. I have two different locks on my front door. He does not have a key to the dead bolt so I locked it on Sunday while I was gone so he could not get in. then on Monday I left him a message on his cell phone that he needed to let me know when he was paying his past due rent and that he needs to be out of the house by this weekend. He claims that he went to the police who state that I have to have a 'formal' legal eviction through the courts. But we have nothing on paper. I can't afford an attorney (hince why I have a roommate to help out with the bills) what can I do? Do I have to follow my states eviction laws since he is just a roommate? Any advise? I really want this guy out of my house.

You have to follow the eviction laws even though there is no written lease. This guy is technically a month-to-month tenant so you have to give him a 30 day written notice terminating his tenancy. If he is still there after the 30 days is up you have to file a lawsuit for eviction.

If this guy still hasn't paid all of the rent then you can go another route. You can give him a 5 day written notice to pay or vacate. If he hasn't paid in 5 days then you can terminate the lease and file a lawsuit for eviction. This method is faster but if he comes up with the money within the 5 days then you lose the chance to evict him.

To be safe I would give him both notices. So if he doesn't pay you can file a lawsuit in 5 days. If he pays you can still file a lawsuit in 30 days.

The applicable law is at http://leg1.state.va.us/cgi-bin/legp...+cod+55-248.31

Good luck!

LisaB4657 brings up good points.

One thing I wish to add is that you do not need a lawyer.

You can read the statute yourself, familiar yourself with the law and procedures and do it all yourself, much cheaper!

Thanks guys for the info. Now since I have previously asked him to leave 3 weeks ago and then posted another notification to him to leave again yesterday will all this go toward the 30 day eviction notice? Can I give him another notice to pay within 5 days or he will have to leave also?

When you asked him to leave 3 weeks ago, did you do it in writing? Did you say that he no longer had the right to live in your home? Did you give him a date by which he had to move? If so, and if it was at least 30 days notice, then it qualifies. If not, then you probably need to give him a new notice. It's hard to give you a definitive answer without seeing the exact contents of the notice you gave him but if you want to make sure this isn't thrown out of court later then you need to do it by the rules.

And yes, you can give him a 5 day notice now for non-payment as well.

I almost forgot... once you've given him the 30 day notice terminating his lease, don't accept any rent from him except for what can be applied for past rent. Don't accept July or August rent.

When you notify them that are in in violation of your rental agreement, you have to do it in writing, and also give them the option of paying any back rents ( if that is the only reason) if damage to property due to the pet is another reason it has to be listed in writing, he will need to be legally served where you have proof. Certified mail is best ( even if he don't claim the letter you will have a receipt where you tried to.

Of course you can testify about your verbal notice but you will need proof

After you have given them notice, if they have still not left, you go to the court house and file for eviction and pay the fee to the court. They then will serve him notice of the court hearing, at the hearing, you show the judge your proof and they order them to leave. If they don't leave, the sheriff department comes out and you remove his belongings.

Now if he will just move out because you have told him, but if you lock him out ( even though he has not paid,_) he can sue you in court and win.

Thank you everyone for all your help and advise. :) :)

Copy this and put it in your word and just add the blanks.
A 30 day (Get Out Notice)


EVICTION NOTICE


TO:
(Tenant Name)

(Street)

(City, State, Zip Code)


Pursuant to the provisions of RSA 540:2, you are hereby given an eviction notice and notice to vacate, on or before , 200 , the premises and appurtenances owned by
of the City of , in the County of
, New Hampshire, which premises are now occupied by you.

The reason for this eviction notice is:

/ / Your failure to pay rent due and in arrears when demanded pursuant to RSA 540:2 II (a). A demand to pay rent was served upon you on , 200 and you have refused and neglected to pay rent due for the period , 200 , to , 200 .

You are hereby notified of your right to avoid this eviction by payment, prior to the expiration of this notice of all the arrearages plus fifteen dollars ($15.00) as liquidated damages, in accordance with RSA 540:9, provided however that you may not defeat an eviction for non-payment of rent by paying the arrearages plus $15.00 after an Eviction Notice is given more than three (3) times in a twelve-month period.


/ / Substantial damage done to the premises pursuant to RSA 540:2 II (b) as follows:








/ / Your failure to comply with a material term of the lease pursuant to RSA 540:2 II (c) as follows:










/ / Behavior by you or members of your family which adversely affects the health or safety of the other tenants or the landlord pursuant to RSA 540:2 II (d), or your failure to accept suitable temporary relocation due to lead-based paint hazard abatement, as set forth in RSA 130-A:8-a, I, as follows:








/ / For other good cause pursuant to RSA 540:2 II (e), RSA 540:2 III, RSA 540:2 IV, or RSA
540:2 V as follows:











Dated: , 200
(Landlord/Agent Name)

(Street)

(City, State, Zip Code)

(Signature)








I hereby certify that on the day of , 200 , at am/pm I gave in hand to/left at the abode of , above named, a true copy of the above original notice.



(Signature)