[Doctorblue]

I am disabled on SSDI and took in boarders to help pay my mortgage on my Virginia home. One boarder is bi-polar, stays up all night, drinks, goes out to the car to smoke dope, takes all kinds of medications and wakes me and the other two boarders up. She denies being disruptive and won't stop making noise during the night. She's delusional and an addict. The other boarders told me they will leave is she didn't because they can't get to sleep. What can I do? I have no funds to hire a lawyer and will lose my house if she doesn't leave?

[Fr_Chuck]

Give her notice to leave, you should have studied and learned eviction and rental laws before you started renting.

You do not need an attorney to evict.

Is your home zoned for multi family.

[ScottGem]

You give her written notice to vacate within 30 days. If she doesn't meet the deadline, then you go to your local housing court for an eviction order.

This site may help:
Virginia Eviction

[Doctorblue]

No. I am a bit astute. My quandry is that this is a single family residential house. I am renting a room on an oral month to month basis. I don't believe the Virginia Residential Landlord and Tenant Act applies to me because I do not rent four or more units or do any of the things that would make me a "landlord" under his act. Do I still have to go to court then to evict. This is a one on one situation. No multi family no big wheeler dealer.

[Fr_Chuck]

Sorry, no, you are a landlord if you rent a single room, you are a landlord if you rent your garage to someone to sleep in,

It may all be a illegal rental, but it is still a rental, It can always be oral.

So stop trying to find ways not to evict, and do it legally. And yes the only way to evict is though the court.

[ScottGem]

I agree, a rental is a rental, whether it's a boarder in a single family home or an apartment in a multi-dwelling complex.

If you don't follow the rules for eviction, then you open yourself up to a suit for an illegal eviction and that will be much worse.

[AK lawyer]

No. I am a bit astute. My quandry is that this is a single family residential house. I am renting a room on an oral month to month basis. I don't believe the Virginia Residential Landlord and Tenant Act applies to me because I do not rent four or more units or do any of the things that would make me a "landlord" under his act. Do I still have to go to court then to evict. This is a one on one situation. No multi family no big wheeler dealer.

Sorry, bit the definition of "landord" doesn't say anything about four or more units, that I can see.

"Landlord" means the owner, lessor or sublessor of the dwelling unit or the building of which such dwelling unit is a part. "Landlord" also includes a managing agent of the premises who fails to disclose the name of such owner, lessor or sublessor. Such managing agent shall be subject to the provisions of § 16.1-88.03. Landlord shall not, however, include a community land trust as defined in § 55-221.1.

LIS > Code of Virginia > 55-248.4

"Dwelling unit" means a structure or part of a structure that is used as a home or residence by one or more persons who maintain a household, including, but not limited to, a manufactured home.

§ 55-248.26. Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of service.
If the landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover the actual damages sustained by him and a reasonable attorney's fee. If the rental agreement is terminated the landlord shall return all of the security deposit in accordance with § 55-248.15:1.

What am I missing?

[Doctorblue]

It is my understanding from the Fairfax County Landlord Tenant commission that the relevant law only applies to people who act as landlords if they own four or more units. I am not an agent. I own this home. I live here. I am not renting four or more units. I do not do this for a living. I am disabled. From what I can gather, what you site are provisions relating to people assumed to lease multiple units for a living or who are renting more than four units. My question or the clarification I'm seeking is what persons does this law apply to-- not what property or whether the person leases for a living. Make sense? It is my reading ( and this is where I wish I was an attorney) is that there is no law covering individuals who rent out one room in Virginia. So what do they do? Whom does the law apply to?

[ScottGem]

You have three people telling you that you are a landlord in the eyes of the law. And that you have to evict according to the law. If you don't want to accept our advice, then consult a real estate attorney in Fairfax county.

[Fr_Chuck]

You are wrong, while the commission may have special laws for those that have large complexes, you have to evict according to recognized and accepted practice.

You are required to give a notice.
You are required to evict in housing court.

You are a landlord if you just have one renter, in fact if you let someone stay for a while even not paying rent, you become a landlord by default. A renter does not have to actually even pay rent to have you considered a landlord.

You have now wasted a few days, where you should have been giving a written notice for them to move out.

Sorry you are wrong, sorry you should have found all of this out before you started renting.

There are other legal issues about your rental, but they do not have anything to do with your eviction.

If you want to spend 300 dollars, go hire an attorney who will tell you exactly what we are, or you can start evicting them and getting them out

[Fr_Chuck]

If you want to buy the paper work

Virginia Eviction

Virginia Eviction Notice Form, VA

If you want to call them and ask, here is your local rules on what to do

Eviction Procedures - Fairfax County, Virginia


When you don't know enough about the law, you can keep reading too far into policies that have nothing to do with you. All single family homes, all landlords who only own one rental all have to evict.