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?
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.
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.
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.
