Q: Can other occupants of a home be made to leave without notice after main renter has been hospitalized/ultimately death?
The lessee had been hospitalized for long-term care and after a little more than a week, it was determined the lessee was probably not gonna be returning and other people occupied the residence with the lessee. Efforts were made to come up with rent payment but was unsuccessful, so occupants requested 5 days to either produce the money or vacate, which was granted after discussion. No notice has been given in writing from either party. During the 5 days, inclement weather and the further incident of death by the original lessee occurred, therefore extending past original date given and a definite on the other parties vacating the premises. The agent then made comments that trespassing was occurring and threatened to put the other people out of the home. Is it required that the agent give proper written notice of eviction for 5 or 30 days and that of a court order to the other parties even though not the main renter? Agent was aware of the parties for more than a year.
A: Generally, Virginia law requires that all occupants be given a 5 day notice to pay or quit before the landlord can file an unlawful detainer. Only a court can order the occupants to vacate the premises.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
