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Lucy, Esq.
Lucy, Esq., Attorney
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Experience:  Lawyer
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I have a home on my own, and asked my boyfried to move in 3

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I have a home on my own, and asked my boyfried to move in 3 years ago Oct. 1st, 2010. I was going through a very sad time in my life. My son was murdered in April of 2008, was still struggling with grief. And the mother of my son's daughter moved her to Charlotte, NC in Aug. of 2009 (I live in Virginia) and I didn't see her Feb. 2013, her mother not letting me see her. When James came into my life it was a very vulnerable time for me. He filled a void in my life for maybe the first year. He was doing a little work here and there and at the time that worked for me for the first year. I even paid for VACs we sent on and paying for everything for a guy is really upsetting me now. Truthfully, I thought James would get a real 9-5 job, eventually. He has not made any attempts to get a job and it's 3 years later now. This year, I have given him 3 dates to move out July 1st, Sept. 1st and now my latest Oct. 1st (it will take a month to pack up his hoarding crap). Not working is bad enough, but he is also a horrible hoader (saves everything and doesn't clean up his building messes for a month after he's done even when I get upset with him) and it's stressing me out. It's pretty much a losing battle for me even though he lives in my house and I pay for everything. It's affecting my health, I can't sleep, I'm depressed and I just can deal with his lazy ass. I'm also 62 and want to retire in the next 4 years and I cannot and will not continue to support him. I commute into Washington, DC, 124 miles roundtrip on Interstate 95 in Virginia and work for 4 busy lawyers and when I get home it would be nice to have some peace,. James was tested in my county and he tested brillant (however has severe aDD), he's actually a nice guy, has severe ADD, has been a computer programer, can build anything, knows computers inside and out, but chooses to hold up in my house and be happy with no cell phone - never answers the phone at home when I call (important or not) and with fixing things at my house and/or creating things to build that interest him, which is what ADD people do. I've spent a lot of money on things he was going to build for me but am still waiting for those, years later. Nothing is ever done when I want them done or in the timely fashion they need to be done. He just doesn't get it and refuses to understand or start packing or make any attempt move out. Or maybe go get a job to see if that would make us better. Marriage was never in the cards, so that wasn't ever in our plans. I basically want his crap out of my house and packed up and for him to move out by Oct. 1st. Do I have to do something legally to get him out by Oct. 1st? He's just not budging. Can I give him a date and if he doesn't by lets say Oct. 1st, can I call the police? What to do? Help, I'm at my wits end! I don't want this to get any uglier than it has to.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I am very sorry for your loss.

Legally, you can have him removed from the property. However, you have to give 30 days written notice prior to the end of the month. Code of Virginia, Section 55-248.37. Any notice give between now and September 1 would be effective to require him to leave on October 1. Unfortunately, if he does not move, since your home is now his legal residence as well, you are required to go to court and get an order removing him. You cannot just change the locks or call the police - they won't remove him without a court order. If you tried to have him forcibly removed from the premises, he could sue for damages.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 19927
Experience: Lawyer
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