Greetings folks,

About 7 months ago, I rented a room in my house to an old friend that recently came back into my life. He had just started a new job, and was looking for a place to stay.

I wrote up a month-to-month contract, and he signed it. Terms were $400 a month due at the end of the month, and 1/3 power utility.

Well, the first few months were fine, then he became depressed when he broke up with his girlfriend. I found out early November of '07 that he had lost his job. He has not paid rent for November and December 07, and I guarantee that he's not goig to pay me for January '08. He also started: not bathing regularly, hoarding dirty dishes in his room, not cleaning up after himself or his bathroom, etc. To make a long story short, the stench coming out of his room is unbearable, he lays around the house not doing anything, and his room is trashed and the carpet is soiled with dirt.

In November and December I served him with several breach of contract notices that were signed by a witness. I made copies of them and taped them to his door, and I kept the originals. On January 2nd '08, I served him a notice of contract termination, and that I expected him to be out of my house in 30 days, which would be January 31 '08. I also had a witness sign it, I made a copy, and taped a copy to his door.

January 31 '08 is just 3 days away, and he has made absolutely no effort in moving out. He was not packed anything, and has not even bought boxes yet. I'm afraid that he plans on staying.

I'd like to know what my rights are. We had a month-to-month contract that he breached, I served him with several breach of contrat notices, and gave him 30 days when I served him the contract temination notice. On Jan31 '08, if he does not leave, can I legally kick him out? Or will I have to go through the lengthy eviction process through the court system? I live in Virginia.

Thanks all for any advice.
Ron

You really need to do some research regarding the law where you live.

You may have violated some statutes by posting notices unless they were in an envelope, sealed, marked personal and confidential and his name.

Just disclosing any type of debt to any third party may be a violation of the FDCPA in addition to any statues where you live.

I'm sure you have the right to get him out, just be careful how you go about it, did you ever see the movie Pacific Heights? If not, watch it sometime, it will convince you that being a landlord can really be a pain in the rear!

Good Luck with your deadbeat!

Yes, you're going to have to go through the eviction process. If he hasn't moved out by Feb. 1, on that day you can go to the courthouse to file a lawsuit for eviction.

Do not try changing the locks or any other method of self-help eviction. That is illegal and if he tried to sue you for it you could be responsible for substantial damages.

I found the Virginia Residential Landlord and Tenanct Act on the web, and yep, looks like I'll have to go through the court. I appreciate the responses.

In the mean time, I can just pray that he leaves on his own on the 31st!

-Ron

Just where is he going to miraculously come up with the late rent charges? What are you waiting for? You can start eviction proceedings on his today!