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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33761
Experience:  Attorney for over 15 years, landlord 26 years
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My mother-in-law is signing over title of a piece of

Customer Question

My mother-in-law is signing over title of a piece of property she owns to my wife and I. The property currently has tenant who have an informal agreement with my mother-in-law that they would look after the property and be allowed to stay rent free. To my knowledge they do not have a formal lease of any kind. If we decide to sell the property what issues will I have with the tenant. A buyer will not want to purchase the property while its occupied. Not sure if this is clear. Thanks.
Submitted: 4 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 4 months ago.

Good morning. My name is ***** ***** I look forward to helping you. Can you tell me in what state the property is located? Thank you!

Expert:  insearchoftheanswer replied 4 months ago.

Thanks for responding. I don't think I understand the entire situation well enough to be confident that I can provide a complete and accurate assessment. Therefore, I am going to opt out to open your question up to all experts so another expert can hopefully timely provide you the information you seek. Please do not respond to this post as it will only slow the process of such an expert picking up your question. Take care.

Expert:  barristerinky replied 4 months ago.

Hello, new expert here... My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Can you tell me what state this is in?

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And the tenant doesn't pay anything, just takes care of the house, correct?

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thanks

Barrister

Customer: replied 4 months ago.
Hi,The property is in Berryville, VA and right now they just stay there in return for taking care of the house and property.Thanks
Darren
Expert:  barristerinky replied 4 months ago.

Ok, then if there is no written fixed term lease then they are considered month to month tenants under an oral lease agreement. In VA you can terminate that tenancy with a written 30 day notice.

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Then if the tenant doesn't vacate, you can file a formal eviction action in court to get a judgment and a writ against them that the sheriff can execute to get them to vacate. Time...about 3 weeks after the 30 day notice expires. So you are looking at close to 2 months before you could force them out if they wouldn't voluntarily leave once you gave them notice.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 4 months ago.
Thanks. We are not sure if we are going to liquidate the property yet, but want to make sure we won't have an issue if we do. ew are considering giving them first right of refusal to purchase.
Expert:  barristerinky replied 4 months ago.

No, you won't have any problem in evicting them after giving them proper notice to terminate.

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And I never like rights of first refusal... If they want to buy the property, just let them know and let them make an offer on the property like any other buyer.

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thanks

Barrister

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