Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
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I am very sorry for your situation. Unfortunately, this happens more often than you would imagine. The good news is that you can
evict her, but certain procedures have to be followed.OVERVIEW
She is a tenant at sufferance
. A tenant at sufferance is someone who has no right to occupy the premises, but is tolerated by the owner and may be terminated at the will of the owner.
A tenant sufferance has few rights, but one of these rights is to be evicted. So in other words, one cannot simply physically kick her out of the home. She must be evicted like a tenant who has not paid rent. If after the quick eviction
hearing she still does not leave, then, one can get a Writ
and have the authorities forcibly relocate her.
However, many tenants at sufferance simply LEAVE once they are given notice that they will be evicted if they do not, since they have really no defense to an eviction and may not wish to be humiliated in Court and have an eviction affect their credit history.
So here, you may:
1) Give her notice to leave and if she does not;
2) Evict her as though you would a tenant; and
3) Have the authorities remove her by force if she does not leave; and
4) Change the locks.EVICTION PROCESS
Although a notice to quit (i.e. notice to leave) for a tenant at sufferance is often not even necessary, it is good practice
to give her at least 3 days notice in a NOTICE TO QUIT before filing an eviction. Let me know if you need a sample NOTICE TO QUIT letter.
An eviction in Virginia is called an unlawful detainer action. The step by step instructions and the form may be found here
. It is very easy to do. You can do this yourself or have an attorney do this for you.
If she does not leave by the time of the eviction hearing or after, again, a Writ may be filed and the authorities will remove her by force.
I hope this helps and clarifies. Best of luck.
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