Q: In VA, I have a tenant whose son has moved into her apartment without my permission and I am the building owner.
The son is NOT on the lease, does NOT pay rent, and a number of years ago was evicted from an apartment in the same building. I was not informed that he was coming and, when I realized he was here, I thought he was here only to visit her, but he has not moved on after nearly three months, even though a letter was sent to him on November 19, 2020, to vacate the apartment not later than January 1, 2021. He has not moved and appears has no plans to do so. I do not want him to reside anywhere in the building. My questions are: is he considered a "tenant at sufferance" where it appears he has no standing and does not even have to be given a notice to vacate? or must I file an Unlawful Detainer? Or possibly be treated as a trespasser? Since he is not on the lease, does not pay rent, etc does the eviction moratorium apply to him?( I do not have, nor have I ever had, any sort of government backed mortgage on the building.)
A: The son doesn't appear to have any tenancy rights, so notice is not required to evict him (but notice would be required before you could evict mom), but you do have to go through the court process (and the moratorium does not apply in this case). Hope this helps and I'm sure anyone who responds would be happy to assist if you decide to hire a law firm. Good luck!
A: The son is not the primary issue. The mother/tenant on the lease is the issue since she is a party to the lease and appears to have committed a breach of the lease. You need to give her notice of the breach and subject her to an Unlawful Detainer. When you send her notice, send it :To Ms. Tenant and All Occupants. You should make the Defendant on the Unlawful Detainer the same: Ms. Tenant and All Occupants.
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.
