Hampton, VA asked in Family Law, Real Estate Law and Landlord - Tenant for Virginia

Q: Can I kick my adult son , his girlfriend and her kids out of my house. They were supposed to leave before Jan 1

My adult son moved in with me after he got out of jail. He does not pay for anything or have a lease. He moved his girlfriend and her kids inand then gave me a sob story when I said for them to leave. A verbal agreement gave them until January 1 to leave and now they will not go. If I cannot make them leave, can I refuse them the use of the washer and kitchen? Until now they have had full run of the house.

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

A: Generally, family members are not considered tenants, however, if you want to make them vacate the premises, you will have to proceed with the requirements for an unlawful detainer in court since self-help, such as refusing the use of the washer and the kitchen, is prohibited in residential lease matters in Virginia.

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