My son is 48 years old, has stolen almost my life savings by writing checks over the last 20 years. He has also stolen other things such as electronics, jewelry and much more. He is verbally, emotionally, and mentally abusive. He will not even help with mowing the lawn while I have congestive heart failure and could have a heart attack when doing this type of work. He pays for nothing. He doesn't work. The police say I have to go through a 30 day eviction notice. Other lawyers, however, have said that if he does not pay rent I can have him moved out at any time. Does anyone have a Virginia statute that states definitively what my rights are.

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Originally Posted by morkfromork

My son is 48 years old, has stolen almost my life savings by writing checks over the last 20 years. He has also stolen other things such as electronics, jewelry and much more. He is verbally, emotionally, and mentally abusive. He will not even help with mowing the lawn while I have congestive heart failure and could have a heart attack when doing this type of work. He pays for nothing. He doesn't work. The police say I have to go through a 30 day eviction notice. Other lawyers, however, have said that if he does not pay rent I can have him moved out at any time. Does anyone have a Virginia statute that states definitively what my rights are.

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He must pay rent only if he and you signed a document where it is stated he is obligated to pay. If you do not have one, the police is right-you must give him 30 days eviction note.

This is a Real Estate law issue, not a Family Law issue. It does not matter what the relationship of the person living in the home is. If he has established residency in the home, to get him to leave you have to go through the formal eviction process.

There is an alternative here. If he has stolen from you and you can prove it, report the thefts to the police. They will arrest him and you can request a restraining order against him. This effectively forces him to leave.