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View Full Version : Located in the state of va and want to evict my 22 year old.


victoryleo
Aug 29, 2010, 09:16 PM
My son is has a fiancée that works but he don't want to work. He says he is taking care of his 3 month old daughter. He doesn't want strangers (care givers, baby sitters) handling his daughter, until she gets, well I guess 6 months. Other problems he is not even looking for a job. He watches TV all day or play video games. Sleeps most of the day away and don't help around the house. I can't kick out the fiancée cause of the baby and the fiancée is the problem but if I have to evict him to get rid of her that is what I will do. How do I go about it, what is the process and how much notice verbal or in writing do I have to give? Can I evict him? I live with my wife, do I need her consent as well?

GV70
Aug 30, 2010, 02:57 AM
How do I go about it, what is the process and how much notice verbal or in writing do I have to give?
In writing.


Can I evict him?
Yes
It doesn't matter that he never paid a dime in his life or signed a lease - if that's where he's living, keeping his stuff, getting mail, he has a key, etc. - then the law is going to consider that his place of residence and therefore he has automatic rights. It would be the same if you let some stranger move into your place for a while (we see that scenario here all the time too) - once they're in and established, they're your tenant, you're their landlord, and the way to get them out is to follow the eviction process.
If there is no written lease, you can argue that it's a month to month tenancy.

Was he given a 30 day notice to vacate? If so, they can proceed with a 3 day notice, followed by the formal proceedings. Contact the clerk of courts in your county for instructions and forms.


I live with my wife, do I need her consent as well?

Yes again.