[HHBizzle]

Simple matter I am trying to clarify cause I have heard several different things.

I have a friend who has been staying with me for 2months because he had nowhere to go.

We never entered any type of contract or lease and I never asked for money.

Well he needs to go now and when I asked him to be out a week ago he said he has 30 days.

What are my rights as the home owner verus his?
Again, he has a key, a bunch of clothes here, and its been about 2 months.
What are my options if kicking him out.
What kind of civil case would I file if necessary?:mad:

[ScottGem]

He's been there long enough to establish residency so you have to give him legal notice.

[HHBizzle]

But what about the fact that there is no form of lease or agreement whatsoever, does that give me leverage.

[ScottGem]

No

[HHBizzle]

From the Chapter 13.2 - Virginia Residential Landlord and Tenant Act

"Authorized occupant" means a person entitled to occupy a dwelling unit with the consent of the landlord, but who has not signed the rental agreement and therefore does not have the rights and obligations as a tenant under the rental agreement.

So he doesn't fal under the definition of a tenant either...

[ScottGem]

The general rule of thumb is that once a person has established residency, they have to be treated as a tenant. Two months is enough time to establish residency.

You risk being sued for unlawful eviction if you don't follow the eviction process. Do you want to risk that?

[HHBizzle]

That is what I cannot specifically determine in VA, what qualifies you as having attained residency at a dwelling with no agreement to renting or leasing and no exchange of monies

[excon]

Hello HH:

Here's how you find out. Call the cops. If they think he's a trespasser, they'll put him out, and your troubles are over. If they think he's a tenant, you're back to square one, and you'll have to evict.

Do WE know what will happen?? We DO!

excon

[ScottGem]

From my research there are three tests for residency:
1) receiving mail at the address
2) having ones belongings (including furniture) at the address
3) having ID showing the address

If any one or more of those tests are met I would definitely consider the person a resident.

[candicomer]

If the person has established residency how long does the landlord have to give them to get out?

[candicomer]

If the person has established residency how long does the landlord have to give them to get out?

[excon]

Hello c:

It's not a good idea to piggyback your question. Maybe somebody will come along and move it. Don't worry. I know you didn't know.

You'll have to explain your situation a little better. I don't know what you mean by "established residency". Are you a guest of a tenant?? A roommate?

excon

[johnisham]

You are incorrect. Residency can only be established after one full year with some form of written document such as a pay stub, utility bill, etc. Two months is still a transient period and does not constitute residency.

[AK lawyer]

You are incorrect. Residency can only be established after one full year with some form of written document such as a pay stub, utility bill, etc. Two months is still a transient period and does not constitute residency.

Oh, really?

Can you cite chapter and verse please?

[ScottGem]

You are incorrect. Residency can only be established after one full year with some form of written document such as a pay stub, utility bill, etc. Two months is still a transient period and does not constitute residency.

Please note: this question was first asked almost 4 years ago so the OP is probably long gone from the premises. In the future, please check dates before responding.

Normally, I would remove a post to a thread so old. However, your response goes against, what I know of landlord/tenant law. While I agree that only 2 months might be considered still transient, I am not aware of any statute that codifies the situation as you describe. So please cite the law that supports your response so we can be enlightened.