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I'm sorry to hear about your situation. Being that you own less than 5 residential properties in the city or 10 in the county, the Virginia Residential Landlord and Tenant Act (VRLTA) would not apply, but other laws would still apply. A very good list of the distinctions between VRTLA and common law / other statutory law can be found here: http://nvar.com/real-estate-laws/nvar-law-ethics-portal/legal-knowledgebase/real-estate-laws/vrlta-and-common-law-do-you-know-the-difference
Here's the non-VRTLA requirement for notice upon non-payment: § 55-225. Failure to pay certain rents after five days' notice forfeits right of possession.If any tenant or lessee of premises in a city or town, or in any subdivision of suburban and other lands divided into building lots for residential purposes, or of premises anywhere used for residential purposes, and not for farming or agriculture, being in default in the payment of rent, shall so continue for five days after notice, in writing, requiring possession of the premises or the payment of rent, such tenant or lessee shall thereby forfeit his right to the possession. In such case the possession of the defendant may, at the option of the landlord or lessor, be deemed unlawful, and he may proceed to recover in the same manner provided by Article 13 (§ 8.01-124 et seq.) of Chapter 3 of Title 8.01.Nothing, however, shall be construed to prohibit a landlord from seeking an award of costs or attorney's fees under § 8.01-27.1 or civil recovery under § 8.01-27.2 as part of the damages requested on an unlawful detainer action filed pursuant to § 8.01-126 provided the landlord has given notice, which notice may be included in a five-day termination notice provided in accordance with this section.
In any event, you would still need to file for eviction to remove him from the property, as "self help" eviction (throwing him out) is not permitted in any lease situation (even for a single family home owner and leasing out a single room).
You can typically find the forms for an eviction at your local justice of the peace court.
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so how is he subject to renters rights if he has no lease?
Yes, because it's an oral lease. A "lease" is an agreement, oral or written, Now a written lease is typically required in long term leases, but any agreement that someone will pay rent or anything of value in exchange to live somewhere is a lease, written or oral.
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