[TriZz]

Hey all,

I've read some interesting reads here and I'm hoping that someone can kindly advise me the proper way to handle this situation. As angry as I am, I do want to act within the law. I've called the department in Fairfax County that's responsible for the VRLTA and their advice is that she's not a tenant -- she's a guest.

Here's the situation:

A friend of mine and I shopped for a house and found one. After many correspondence with the Landlord and a credit check, we were approved to rent the house... except that I was the only one with good credit so I would have to sign the lease on my own (my first mistake).

I couldn't move in until Sept 1, but she wanted to move in early... so she paid the Landlord $765 for prorated rent and $500 pet deposit (she has two dogs). When her $1290 check bounced... the landlord naturally came after me for the owed fees plus bounced check fees. I paid, noting that she owes me $1325 for the prorated rent, deposit and bounced check fees.

Then September came and she didn't pay rent. She gave me $300 at some point in September... her rent is $550 -- so out of $1825 that she owes, I was given $300. Then came September's utilities of $210 and October's rent of $550.

So, at the beginning of Oct. she owes me $2200 in past rent. Now, the end of Oct. she's given me another $500.

I'm wondering what our rights are here: She seems to think I need to give her 30 days to move out -- the department that handles the VRLTA seems to think that she's an unwelcome house guest since there is no written agreement between her and I.

... what do you all think?

I want to get her out of the house by Nov. 1 so I can get someone in there that will pay rent...

[rockinmommy]

Well, the problem with these situations is that no one really KNOWS if she's a guest or a tenant until she sues you for an unlawful eviction and the judges rules one way or the other.

Based on what you've told us, I believe she could make a fairly good argument that she's a tenant. (Your tenant - you are HER landlord.) The length of time, the fact that money has changed hands, etc.

There's a "sticky" at the top of this forum with a link to each state's landlord / tenant laws. I'd read over that, keeping in mind that in this situation YOU are the landlord. I'd give her a "pay or quit" notice. Your state law will say how long that notice must be. Stop communicating with her verbally. Do everything in writing and keep copies for yourself. Don't even do email. Then if the notice time passes and she's not gone or caught up you would go file an eviction suit.

At this point you're not going to get her out by Nov. 1 by legal means. You're in a position to guess how likely she would be to come after you for an illegal eviction.

I don't know what VRLTA is exactly, but I'd make sure they plan on providing you with an attorney if she sues you before you take their advice.

[LisaB4657]

She paid you rent. You accepted it. She's a tenant. You have to give her, in writing, a 5 day pay or vacate notice. If she doesn't pay all amounts in full or move out within those 5 days then you can file a lawsuit for eviction.