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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15749
Experience:  Licensed Texas General Practice Attorney
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Hello I have a 22 year old step son that is out of control

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Hello

I have a 22 year old step son that is out of control and I would like to boot him from my home.

I agreed about a year ago to allow him to live with my wife (his natural mother) and I after getting kicked out of his fathers as well as a family friends home.

We made a verbal agreement that he must get a job pay an insignificant amount in rent and generally respect the other children in the house. This was not put in writing. While he did make some progress and found a job he paid rent maybe 3 or 4 times in the last year and however none in recent months.

I live in Loudoun County VA and need clarification as i understand that if I were a landlord of a rental complex I would need to go thru the eviction process however understand that being it a single family residence and i have no other properties or rentals that I need not go thru eviction process.

Can you please tell me what exactly is required?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

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

ScottyMacEsq :

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.

ScottyMacEsq :

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).

ScottyMacEsq :

You can typically find the forms for an eviction at your local justice of the peace court.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

Customer:

Hello

Customer:

so how is he subject to renters rights if he has no lease?

ScottyMacEsq :

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.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

Should I continue to await your response, or may I assist the other customers that are waiting?

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time (~30 minutes) and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, XXXXX XXXXX luck to you!

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