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Depends on how long they have lived there... days or just a couple weeks.. put them out... longer than that. THey have established a residency and you have to evict them just like they were a paying tenant. Which means starting with serving them with a written notice to vacate in 30 days... then file to enforce eviction if they don't leave by then with the court. (thats when the sheriffs will come and put them out).
If you can offer them some money to leave on their own... you might get them out a LOT faster... then you could change the locks. You have found out that no good deed goes unpunished and one needs to think carefully before allowing anyone to stay with them or on their property for more than a few days. If they are abusive or violent...call the police....and have a restraining order issued against them, then process and file for the eviction and they won't be there when the clock runs out. |
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See here Eviction Procedures - Fairfax County, Virginia for the eviction process.
The fact that they are in divorce proceedings doesn't bear on the landlord. However, you cannot just evict one tenant and keep the other. If the tenant is trying to get the other spouse to vacate that is up to the divorce court, not the landlord. If the landlord is trying to remove a non-tenant (someone not on a lease), then we need more info about the status of that person. How they came to live in the rental, how long they have been there, what happened to the person on the lease etc. |
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