Richmond, VA asked in Contracts, Real Estate Law and Landlord - Tenant for Virginia

Q: How to get my ex out of my apartment!

My gf of four years broke up recently and my name is the only one on the lease. We are in college and the cosigners are my parents. She does pay for half of the rent, but only one or two months have been with personal checks. The rest have been money orders. She has been unfaithful and I have caught her with other men in my apartment. Does she have any legal claim to the apartment or do I only need to give a 30-day notice?

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Based on your reported facts, it seems that you are the Lessee on a written lease. It also seems that you entered into an oral sublease with your girlfriend based on her paying you rent. The sublease, which would be considered a month-to-month tenancy based on Virginia law, requires a 30-day notice to terminate it. If you give the former girlfriend a written notice by or before 12/31/16, the oral sublease will be terminated as of last dat of January 2017. Once the oral sublease is terminated, you will then be required to go to court to file an Unlawful Detainer if she does not voluntarily vacate. Under Virginia law, you are prohibited from changing the locks (self-help) in a residential lease situation. You may want to hire a lawyer in Richmond to help advise you. I am located in Alexandria so it would be too far a distance to be your lawyer for this case.

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