Buxton, NC asked in Landlord - Tenant for Virginia

Q: What makes a tenant at sufferance in Virginia?

I have a cousin I let stay in an apartment of mine for the past 2 years, I do not collect rent from her, nor has she signed a lease. Two months ago, she wanted me to sign a paper for her saying that she paid $650 a month in rent. I told her no that it was illegal for me to do so. At that time I asked to move out by October 15, which was a 60 day notice. When October 15th gets here and she has not left, can I change the locks and pack her stuff.

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1 Lawyer Answer
Steven Krieger
Steven Krieger
  • Landlord Tenant Lawyer
  • Arlington, VA
  • Licensed in Virginia

A: No, unfortunately not. You still have to go through the eviction process by filing with the court and having the court enter a judgment for possession in your favor. If you decide to hire an attorney to assist, I'm sure anyone who responds would be happy to help. Good luck.

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