[turmoilinva]

Two years ago my 38 year old step-daughter came to stay with my wife and I,after my wife had a stroke. Since that time my wife's health has deterioated and she has to go toa nursing home. My step-daughter is refusing to move out, she dosnot pay any of the bills around here and I don't get along with her. What do I need to do to legaly get her out? I live in Virginia

[kcomissiong]

Are you the homeowner or leaseholder? If so, notify her according to Virginia law, and evict her at the end of the notice period. This is a good link for information.

[JudyKayTee]

Here are the BEGINNING steps to legally evict her. (Hopefully she will leave when you notify her to leave).

"STEP 1: Notice to Tenant(s)

(Referred to herein as “Tenant” whether singular or plural)
1.5-day letter (Pay or Quit Notice) for money-related issues. This notice is used for failure to pay rent. The landlord gives the tenant written notice that rent must be paid within five days of service date or tenant must vacate the premises.

OR


2.30-day letter (Notice to Quit) for contractual issues. This notice applies if the tenant is in violation of the lease/rental agreement. The landlord gives the tenant written notice to vacate the premises within 30 days.

If a landlord requests Sheriff's Service for Notice to Tenant, the notice must include:
• The name of the individual(s) to be served and the address of the rental property.
• The original notice for return to landlord, plus a copy for each individual being served.
• Self-addressed, stamped envelope to send back landlord's proof of service.
• A $12.00 service fee for each individual being served.

STEP 2: Summons for Unlawful Detainer

Va. Code § 8.01-126
1. If the tenant does not comply with the notice, the landlord brings proof of the notice to the General District Court to obtain a Summons for Unlawful Detainer, which is a civil claim for eviction.
2. The court issues a Summons for Unlawful Detainer and assigns a date when the landlord and tenant have an opportunity to appear.
3. If the judge rules in favor of the landlord (plaintiff), the tenant (defendant) is granted a 10-day appeal period." Eviction Procedures - Fairfax County, Virginia

Do you own the house or lease the apartment? If you are not the owner you cannot evict her.