Simple matter I am trying to clarify cause I have heard several different things.

I have a friend who has been staying with me for 2months because he had nowhere to go.

We never entered any type of contract or lease and I never asked for money.

Well he needs to go now and when I asked him to be out a week ago he said he has 30 days.

What are my rights as the home owner verus his?
Again, he has a key, a bunch of clothes here, and its been about 2 months.
What are my options if kicking him out.
What kind of civil case would I file if necessary?:mad:

He's been there long enough to establish residency so you have to give him legal notice.

But what about the fact that there is no form of lease or agreement whatsoever, does that give me leverage.

No

From the Chapter 13.2 - Virginia Residential Landlord and Tenant Act

"Authorized occupant" means a person entitled to occupy a dwelling unit with the consent of the landlord, but who has not signed the rental agreement and therefore does not have the rights and obligations as a tenant under the rental agreement.

So he doesn't fal under the definition of a tenant either...

The general rule of thumb is that once a person has established residency, they have to be treated as a tenant. Two months is enough time to establish residency.

You risk being sued for unlawful eviction if you don't follow the eviction process. Do you want to risk that?

That is what I cannot specifically determine in VA, what qualifies you as having attained residency at a dwelling with no agreement to renting or leasing and no exchange of monies

Hello HH:

Here's how you find out. Call the cops. If they think he's a trespasser, they'll put him out, and your troubles are over. If they think he's a tenant, you're back to square one, and you'll have to evict.

Do WE know what will happen?? We DO!

excon

From my research there are three tests for residency:
1) receiving mail at the address
2) having ones belongings (including furniture) at the address
3) having ID showing the address

If any one or more of those tests are met I would definitely consider the person a resident.

If the person has established residency how long does the landlord have to give them to get out?

If the person has established residency how long does the landlord have to give them to get out?

Hello c:

It's not a good idea to piggyback your question. Maybe somebody will come along and move it. Don't worry. I know you didn't know.

You'll have to explain your situation a little better. I don't know what you mean by "established residency". Are you a guest of a tenant?? A roommate?

excon

You are incorrect. Residency can only be established after one full year with some form of written document such as a pay stub, utility bill, etc. Two months is still a transient period and does not constitute residency.

You are incorrect. Residency can only be established after one full year with some form of written document such as a pay stub, utility bill, etc. Two months is still a transient period and does not constitute residency.

Oh, really?

Can you cite chapter and verse please?

You are incorrect. Residency can only be established after one full year with some form of written document such as a pay stub, utility bill, etc. Two months is still a transient period and does not constitute residency.

Please note: this question was first asked almost 4 years ago so the OP is probably long gone from the premises. In the future, please check dates before responding.

Normally, I would remove a post to a thread so old. However, your response goes against, what I know of landlord/tenant law. While I agree that only 2 months might be considered still transient, I am not aware of any statute that codifies the situation as you describe. So please cite the law that supports your response so we can be enlightened.