Q: I have a nephew that has been living with me for the last 4 years -no rent, no lease, no monies given at all.
I have asked him to leave several times, but he has refused because he says he doesn't have the money. In Virginia would my nephew be considered a "Tenant at Sufferance" and could he be evicted without notice?
A: I think your nephew would be considered as a "guest" or an "invitee" rather than a "tenant.' What ever way he is described, if you want him out of your premises, you will need to follow the requirements of Virginia law and eventually file an Unlawful Detainer to seek an Order of Possession that a judge will enter and order your nephew to move out of the premises. You may want to seek formal advice from a local attorney so you know you are following the proper procedures.
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