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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 117371
Experience:  Attorney with over 24 years experience.
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I had a tenant to move out that had a man living with him

Customer Question

I had a tenant to move out that had a man living with him that was not on the lease. He moved and the man is still there. The man asked me about renting the house, but he does not have the money to pay rent. His name is ***** ***** I do not know his last name. In addition, after the tenant moved out, he moved another person in the home. I do not know either of these people. I have asked Anthony to move, but he is saying that he does not have any where to go and that he does not have money. He said that the person that moved in with him is transgender and some organization called Serenity will cut a check for him/her each month. I told him that he had no right to move any body in my house and that he does not have right to be there. He does not have a lease. The person with the lease move a week ago.
How can I get them out without going through the legal process that take two months. I am in Richmond, Virginia.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  AttyHeather replied 10 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 10 months ago.

One moment as I type the response.

Expert:  AttyHeather replied 10 months ago.

If the person has been there over 30 days, in most jurisdictions you will have to go through the evictions process, unless you can get them to get out voluntarily. I have seen some landlords actually offer to pay the unwanted person money to get out. I can see how this seems absolutely crazy, because your property will probably need work and cleaning when they get out, but if they won't get out, and the first guy has been there for the 30 days, he has rights and if you kick him out without evicting him, you are putting yourself at risk of being sued. I have seen landlords do this, and risk being sued. Sometimes, the tenant doesn't sue and they end up ok, but it really is a huge risk.

Customer: replied 10 months ago.
Not satisfied with answer. Want to get response from another lawyer.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am a DIFFERENT CONTRIBUTOR as you have asked for another attorney.
I am sorry to say that your previous expert was essentially correct. If you have no written lease with these two people, you can try to call the police to have them evicted for trespassing, but if the police will not intervene because in most of these cases these people will claim they are subleasing from the original tenant you had, then you will have to serve everyone currently in the house and the tenant on the lease a written notice to vacate in 3 days then will have to go through the legal process of eviction. There is no self help eviction in VA and if the police will not remove these non-tenants for trespassing and claim it is a civil matter, then you have no choice but the court process you are seeking to avoid.
Customer: replied 10 months ago.
How do you serve people when you do not know their names? The fact that the person has threatened me, and I suspect that prostitution is going on in the house; will that give rise to
55-248.31. THREAT TO HEALTH AND SAFETY in which I can get an emergency hearing?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
You can call the police, as I said, for trespassing and the police generally will get their names. But most times the police will not evict them or remove them if they claim they have a sub lease and then you will still have to go to court. You could seek an emergency hearing if they are causing damage to the property as well.

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