I am renting my house to my brother and his girlfriend. He has severe medical problems, and cannot make rental payments on time. She never puts a penny out to help with rent. There is no lease because he is family. Can I put them out because of non-payment? If so, how much notice must I give? We live in Virginia. Any help from anyone is appreciated.

I don't know if VA law is any different than the other 49. No lease means he is a month to month renter. He can, and you can, give a 30 day notice to vacate.

Of course you can evict anyone lease, no lease, for non payment.

I don't know the exact time in VA, but it is a very short period, but since it is family and there are medical issues, to look good in housing court if it goes that far, I would give them 30 days, that way if they don't move and you have to go to housing court for a eviction, then you can show how loving and concerned you were to give them the extra time.

No lease in virginia means that the lease term is the time between payments. Go to your local sherifs office and they will have a packet on eviction, but look at what you are saying you want to put your brother on the street. Who has medical problems I can understand not wanting to be taken advantage of but you need to work out a solution with your brother that doesn't involve the courts.

Perhaps your brother qualifies for Sec.8(IL reference for low income housing) and you can change your lease and file papers with the low income Housing Authority to accept this type of payment?