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Richard, Attorney
Category: Legal
Satisfied Customers: 55447
Experience:  Attorney with 29 years of experience.
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I've been staying with my mother years I'm 47 years

Customer Question

hello I've been staying with my mother for 7 years I'm 47 years old move back home when I got sick for the last three years I have not work my doctor told me to file for disability now the thing is I do not have any income coming in my mother met this man last year and married him this year they want to put me out behind him no I don't have any income and nowhere to gosaying that I am very disrespectful to him but in her eyes he did not do anything wrong now accident happen last Wednesday that the cops have to come she gave me a 5 day notice to move knowing that the police said she has to get a 30 day notice for me to move is that right to dowhen I was working I was giving her money now all of a sudden there is a money problem when he get here andrews being put down in the house that I am a 7yo any answer thank you
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Good afternoon Sheryl. My name is ***** ***** I look forward to helping you. She definitely can't throw you out with a 5 day notice. When there is no lease and whether or not you are paying rent, you are legally considered an "at will" tenant, which is treated legally as a month to month tenancy. As such, under Virginia law, she must give you at least 30 days written notice to terminate. Then, if you don't leave, the law does not allow her to forcibly evict you without obtaining an eviction order from a court. What that means is that if termination date comes and you do not move out, she cannot simply change the locks or throw your things out. Rather, what she has to do is to first deliver a 5-Day Notice to quit...which basically says you have 5 days to leave or face eviction. But, if you still don't leave, she must then file an unlawful detainer petition with the court for an eviction order. Depending upon the court's docket, it can take anywhere from about 15 days to a couple of months to get a hearing. Only when a judge has issued the eviction order can the landlord have the tenant evicted. That should buy you a good bit of time! Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!