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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Real Estate Law
Satisfied Customers: 41220
Experience:  JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
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I have an older brother who lives at my parents house and

Customer Question

I have an older brother who lives at my parents house and does nothing to sit in front of his computer all day. He's been out of work for 10 years and just makes excuses whenever my parents try to tell him to go out and find a job. What steps can my parents take to "evict" him out of their house? Note: They live in Virginia and he's never paid rent before.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dimitry Esquire replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The fact that your brother pays no rent does not make him immune from being evicted. Under law he is treated as a lawful occupant, or a 'tenant at sufferance', which essentially means that he is permitted to be on premises so long as owners allow it. Because he is under no lease, Virginia law creates a legal fiction under which he is treated as a 'month to month' tenant (without the obligation to pay rent). As such the landlord (your parents) can terminate his right by giving him 30 days written notice to vacate, as per this law below:

https://vacode.org/55-248.37/

If he still refuses to leave, they would then have to take that letter to the local courthouse and formally file for a hearing. They would need to serve him with their complaint, and the court would have to issue a summons. Then, if they prevail, your parents will receive a 'writ of possession'. This writ is then given to the sheriff, and if your brother is still on premises, the sheriff can then forcibly eject him from the property.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Thank you Mr. Esquire for your timely respond. Now I can explain to my parents they do have options in dealing with my older brother. Again thank you for your time.
Expert:  Dimitry Esquire replied 1 year ago.

My pleasure, truly, and glad to help. Please let me know if I can ever assist you again. Otherwise, if satisfied, kindly do not forget to positively rate so that I can obtain credit for my work.

Sincerely,

Dimitry, Esq.

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