[jyurong]

I need to know what the legal aspects ar of "evicting" my Brother. He is 19 years old and still at home. He did not finish high school and has this "I can do whatever I want" attitude. My mother is at her wits end and she does not want him in the house anymore. The agreement was (Verbal nothing in writing) that he could stay at home as long as he either:

A. Worked a full time Job
B. Was a full time student in a GED program
C. paid $300 a month and his own cell phone.

So far he has not worked, went to one GED class and never went back, and in the last 6 months has given $200 towards the household bills. I want to know if he is considered a tenant. If not, what are the legal implications of changing the locks, and putting his stuff in a storage unit in his name?

[Emland]

First off, I'll qualify this by telling you I don't specialize in rentals. I have been reviewing the VA Code because your question interested me and I am trying to increase my knowledge of VA Code in this area.

As I understand it, your brother does not qualify as a "tenant" in the eyes of Virginia because he does not pay rent and does not have an agreement to occupy a room.

Now that he is over 18, he is an adult and a guest of your mother and she can revoke her permission or license to remain in her home. She must ask him to leave and if she doesn't, I believe she is within her rights to have his personal items removed and the locks changed. Unless he is on the deed or mortgage the house, he has no recourse. I'll repeat - as I understand it. Virginia doesn't have established residency laws as some other states which require more formal eviction procedures.

The code is here LIS > Code of Virginia > 55-248.2

[Cvillecpm]

Change the locks... he is not a tenant... he is an unwanted guest.