Hello,
I have a question, My sister in law is staying with my husband and I and our two children. She has been here since December, she won't help herself, she won't look for an apt. and she locks herself and child in her room all day. I wanted to help her but she will not help herself. Is it legal for me to ask her to leave my home. She doesn't pay rent or utilities. I am a renter also and this 3 bdrm home is too small for 6 people. Does someone know the laws in Virginia on house guest.

Hi tyedie60,

Sounds like your sister-in-law is very depressed! If her financial situation is bad, maybe you could suggest she go to your County Services to get help for herself. How old is her child? It's not healthy to keep a child penned up (so to speak). Maybe you could contact the county and have someone out to see her if she will not go out.

I too live in VA, am not sure of the laws concerning eviction.
I think you must send her a certified (return receipt?) letter giving her notice (30-60-90 days?) Maybe you have to do the NOTICE through the courts?? If she has not moved in the allotted time, then you simply proceed with an eviction. Sheriff's etc.

I hope someone else knows the process better than myself.
We had a relative and children with us, and simply gave them a date to move. They did.

Please do talk with your husband first and see if you can get her the help she needs. Then she will be able to begin taking care of herself and her little one.

Angel

You have every right to tell her to leave your home. I assume your husband is in agreement.

The problem occurs if she refuses. If she has established residency by getting mail at your address or some other official recognition that she lives there, then she is no longer a guest but a resident. In that case she needs to be evicted according to the laws of VA. You can check with your local housing court for the process.

Generally, to be on the safe side, you want to assume she is a resident. If you try to throw her out and she sues you, you could lose.