Chesterfield, VA asked in Landlord - Tenant for Virginia

Q: Hi, Homeowner here. I rented a room with a lease that states it's a 3 month minimum/based month to month/share space.

I gave the person a 30 day notice to vacate and now that person has stated that they're not leaving. What are my options for having them removed? It's a simple lease with the basic message that terms are based on a month to month sign agreement. Also, in the 30 day notice I mentioned that if she left without her things that I would discard them. Can I have this individual remove for trespassing by the police?

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2 Lawyer Answers
Steven Krieger
Steven Krieger
Answered
  • Landlord Tenant Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: You'd have to evict the person if they do not vacate at the end of the 30 day period. The police will not likely do anything in a landlord-tenant dispute. If you decide to hire a lawyer to help, I'm sure anyone who responds would be happy to help with the eviction. Good luck.

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

A: In Virginia ,the police will not get involved with a civil dispute between the landlord and the tenant. Also in Virginia, you have the right to file an Unlawful Detainer action in the General District Court in the city/county in which the premises is located and seek an order for possession. The problem that you will face after you get the order entered by a Judge is that there is a moratorium based on the CDC guidelines that no evictions are permitted until the end of September 2021. You may want to Google evictions at the CDC website to get all the details.

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