I have what I think is a “roomer” who has left but not moved out. I need to know what I need to do to get his things out of my house. Payment has not been on a consistent basis, so is he legally a weekly or monthly ‘roomer'?
Background:
I am a homeowner in Virginia. I agreed to rent a bedroom to a man for a ‘little while’ and foolishly did NOT get a written lease. I has been about two years now. At first he paid weekly, and then as he missed a few weeks he would catch up 1-4 weeks at a time. By December 2007 he owes over $1000 in back rent. He only paid half of January, paid February in a lump sum. Except for ONE night (2/25) he has not slept here since 2/23/08. I asked him 3 times since, if he has moved out and he said no. I intend to ask him to leave but if he says no, I want to legally ask him and I want to avoid a potential law suit. Am I required to give a 3 or 5 day pay or quit notice (I don’t want him back)? What constitutes abandonment? Can I box his stuff up and take it to his work?

Larry

Ok, since he initially paid you weekly he's a weekly tenant. I think you need to go through the formal eviction process. The good news is, since he's a weekly tenant, you don't have to wait long. Present him with a formal vacate notice. If he doesn't clear out, then file for an eviction.

Afterwards, sue him for the back rent.