Does this law allow me as the tenant to eject an unruly guest even if they are listed on the rental lease as an authorized occupant?
|
Does this law allow me as the tenant to eject an unruly guest even if they are listed on the rental lease as an authorized occupant?
Quote:
Originally Posted by bilbopinson
That Section is clear that the landlord can adopt/enforce any rules which is, basically, for the benefit of the tenants.
It also states the tenants must have prior notice of the rules.
So - what does the lease say, how is this addressed?
The statute doesn't say you can do anything. It says your landlord can.
As far as the "authorized occupant" part is concerned, I think you're going to have to contact your local police. I'm not sure how long it takes in your area to be considered a "resident", but if your guest has been there that long, I believe you cannot just remove them - I believe they are legally due notice, 30-60 days depending again, on local laws.
Quote:
Originally Posted by anillaK7
Here's my problem with this - I don't know the true situation. The question is: "Does this law allow me as the tenant to eject an unruly guest ..." The guest is a resident and the OP is the landlord according to this statement.
OR "even if they are listed on the rental lease as an authorized occupant?" Now the "guest" is a tenant under the law.
It can't be both.
No, the Police are not going to be involved. Once personal belongings get moved in, once mail is received, you are a resident and it's a civil, not criminal, matter.
Until the OP straightens out if the person is a guest or a tenant there is little to be said.
Virginia law is: "5-day letter (Pay or Quit Notice) for money-related issues. This notice is used for failure to pay rent. The landlord gives the tenant written notice that rent must be paid within five days of service date or tenant must vacate the premises." OR "30-day letter (Notice to Quit) for contractual issues. This notice applies if the tenant is in violation of the lease/rental agreement. The landlord gives the tenant written notice to vacate the premises within 30 days." http://www.fairfaxcounty.gov/sheriff/eviction.htm
Bottom line is no. The law cited has to do with the LANDLORD making rules for tenants. If this person is on your lease as an authorized occupant, then he is not your tenant.
If you explain the situation including the terms of the lease we may be able to help.
Quote:
Originally Posted by ScottGem
Can't find this - if the OP is the only person on the lease and the person he is complaining about is an authorized occupant does the OP become the landlord of the authorized occupant?
The landlord who entered into the lease with the OP does not appear to be the landlord of the "guest." Of course, the "guest" isn't really a "guest."
Does that make the OP some sort of "sub-landlord" concerning the "guest"?
I don't know -
According to state law, the authorized occupant does not have the same rights as the tenant, i.e. notice at eviction, two weeks limit on itemization for unreturned deposit, 60-day cancellation privileges, etc. are all in this lease. However, this occupant was extended a room as a friend, and is no longer friendly. She has broken home rules re: alcohol and tobacco, threatened our property and the house, harassed my wife and me, threatened me with bodily harm. She may already damaged my automobile, but without witness(es), that's not probable. She has tried to order me not to speak to my landlord or her brother when I've tried to research her claims about them. She has lied to me about myself and about the nature of our arrangement to both my wife and to me. She has tried to blackmail me with allegations that I know are not true and I really feel that she needs to go and have asked her to do so, but so far she refuses. She was homeless when we took her into our home with the landlords permission. Do I have the right to set a time limit on her leaving?
Also, she does not receive mail at our address.
If she's sleeping there, she's a resident - mail is not the only factor.Quote:
Originally Posted by bilbopinson
I don't know why you just don't evict her according to Virginia law.
I don't see another option. You can't legally lock her out. "Apparently" your landlord has no say. You're the one to evict her.
I'd do it, get the paperwork going.
Let's address the above points.Quote:
Originally Posted by bilbopinson
1) This may be true, but those rights are for her against YOUR landlord.
2) This changes the dynamic, because it makes her YOUR tenant and you HER landlord. This means you have to treat her as a tenant and she has all the rights of a tenant.
3) Yes, you can give her a 30 day notice to vacate. If she doesn't, you file for an eviction order.
This is why most landlords stipulate in their lease a limit as to how long you may have non-tenant guests staying with you. Even if it was your private home, and you were the owner, if someone has been staying there "long enough" in the eyes of the law, you can't just kick them out proper notice. I think the average is 14 days to a month to establish residence.
I would call your local police non-emergency number and explain the situation. They should be able to clarify what you have a right to do legally, and guide you in the proper direction to remove your unwanted guest legally and correctly.
I do NOT recommend this. Police are generally not the best source of information on the law. And police deal mostly with criminal law, not civil law which is what landlord/tenant relations fall under.Quote:
Originally Posted by anillaK7
If you need to consult someone talk to a real estate attorney or maybe a local real estate broker specializing in rentals.
Quote:
Originally Posted by anillaK7
We take pride in our answers on the legal threads. Some of us have legal backgrounds, others have a legal education, some of us do great research, we are all concerned that the advice be as accurate as possible.
You continue to post inaccurate information on legal threads, advice that could only cause more legal problems for the OPs.
Please - either post a source when you give an answer or do some research.
Quote:
Originally Posted by anillaK7
As I said earlier - this is a civil matter, not a criminal matter. The Police have no time/interest/ability to either throw the person out OR give legal advice.
Where can you evict on 14 days notice?
Quote:
Originally Posted by anillaK7
Post your source, explain why you feel "fairly confident."
I don't see that this person is LEGALLY trespassing; I don't see that this person is LEGALLY occupying a residence without permission.
Here's Virginia Law - LIS > Code of Virginia
Where do you find the information that makes you "fairly confident?" I'm always happy to learn.
I didn't go to law school in Virginia so I'm open to your research.
{Mod Note: The quoted post was removed by the poster<>}
First, Trespassing IS criminal, but trespassing is rare. Trespassing clearly does not apply in this case since the person was an authorized occupant. Occupying a residence without permission is civil. So your confidence is misplaced and misleading to our members.Quote:
Originally Posted by anillaK7
The landlord isn't stepping in because the landlord has no say. This is the tenants's authorized occupant. The landlord can only terminate the entire lease, but cannot do anything about authorized occupants. As soon as the OP conferred "authorized occupant" status on this person she became a resident and has the rights of any resident.
Many attorneys will offer a free consult. But a simple question here shouldn't be costly.
Your advice here is going from bad to worse. Other members, clearly more knowledgeable in this area than you, have given correct answers while you have no. Again we must caution you about being more careful in the accuracy of your answers.
Quote:
Originally Posted by anillaK7
Thank goodness that I quote when I answer I quoted you - removing your post does nothing. It's still there, as part of my post.
Post incorrect information on a LEGAL BOARD, information which has no basis or substance, and expect to be questioned.
"Critical thinking" and the law are two entirely different categories.
{Mod Note: The post quoted here was removed for violations, but I'm letting it live as a quoted post.<>}
Thanks to all who chimed in on this one. Apparently a judge will have the final word on 9/10. Will report back at that time.
I'm interested in hearing the resolution of this case? OP? Any news from your hearing?
Matt
| All times are GMT -7. The time now is 10:06 AM. |