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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100053
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I live in Glen Va and I'm looking to evict my girlfriend.

Customer Question

Hi I live in Glen Allen Va and I'm looking to evict my girlfriend. Now she doesn't pay any bills and the mobile home is in my name. I had to call the police on her twice yesterday because she was high on heroin and screaming at me, and threatened to destroy everything I own. The police said that she has a right to live here because this residence is her mailing address. I basically am just looking for advice on how to evict her properly and what form I need to file. Any advice would be greatly appreciated, thank you.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. She is what is known as a "tenant at sufferance."

A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the landlord and may be terminated at the will of the landlord (you).

In Virginia, you may evict a tenant at sufferance much like you would any other tenant. The procedure is:

1. notice to quit;
2. if she does not leave, eviction, and
3. if they still do not leave, a Writ to have her forced out by the authorities.

NOTICE TO QUIT
A tenant at sufferance at the most needs a 30 days notice to leave. Shorter v. Shelton, 183 Va. 819 - Va: Supreme Court 1945. The notice to quit may be found here. Only the first page needs to be used. Under "You are hereby served with this Notice to Comply or Quit, Details regarding this action are included below," it may state something akin to:

This is a tenancy at sufferance. Tenant is hereby given 30 days notice to leave the premises or else landlord will initiate eviction/unlawful detainer.

EVICTION
If she does not leave in 30 days, you can begin eviction (unlawful detainer). See here for the steps. Although this is for Fairfax County, the law is state-wide, so it is a good idea of what to do in your own county. And see here for another general guide.

She cannot refuse to receive the notice. You can simply put it on her door if she refuses to take it, and/or send it to her certified mail.

She is very likely to simply leave once you give her the notice without even waiting for the eviction to be filed.

I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.

Expert:  Ely replied 1 year ago.

Sorry, the links do not seem to be working. Let me send them below:

NOTICE TO QUIT HERE.

STEPS TO EVICT HERE.

ANOTHER GENERAL GUIDE HERE.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

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