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I have a boyfriend of 6 years, who has lived with me for six…

I have a boyfriend...

I have a boyfriend of 6 years, who has lived with me for six years without paying rent or mortgage. I have ended it with him, he will not end with me, states he is not moving out. He gets mail here and he signed up to pay the cable bill. I feel threatened because he is vengeful, but I just want him out. I have asked him to leave, he said he is not going to.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Virginia

Lawyer's Assistant: Has anything been filed or reported?

No, I am afraid he would do something to my house, he has grabbed a baseball bat, but he knows I would call the police if he ever did anything

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so, he does state that he has b put a lot of money into the house, I paid for the supplies, he helped with doing some of the work, but honestly, i figure we are even at best

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Answered in 1 minute by:
11/2/2016
legalgems
legalgems, Lawyer
Category: Legal
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Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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I am sorry to hear this; can you tell me if you are the owner/tenant? If tenant, is the landlord aware of the living situation?
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,387
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Customer reply replied 1 year ago
I am the owner
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 118
Verified
Phone call session started

Thank you; I had problems getting a "lock" on your question to respond - the site must be having technical issues;

Basically when a person is a permanent residence of a home, they are afforded the same rights as a tenant-which comes as a shock to the owner of the property. As such, the owner needs to comply with the law in order to evict the individual. The owner needs to give legal notice and if the tenant holds over, then the owner needs to pursue an unlawful detainer case from the court- they cannot engage in self help eviction (ie locking out the tenant) because that can result in additional liability for the landlord.

If domestic violence is a concern, the owner can actually get a protective order from the court, and part of that protective order can be a move out order, giving the owner the full use and possession of their property. One moment please.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

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The requirement to give notice applies even when there is no lease- since they are given the same rights as a tenant. Here is the statute; generally verbal arrangements are considered month to month:

§ 55-222. Notice to terminate a tenancy; on whom served; when necessary.

A. A tenancy from year to year may be terminated by either party giving three months' notice, in writing, prior to the end of any year of the tenancy, of his intention to terminate the same. A tenancy from month to month may be terminated by either party giving 30 days' notice in writing, prior to the next rent due date, of his intention to terminate the same, unless the rental agreement provides for a different notice period. Written notice of termination shall be given in accordance with this chapter or the Virginia Residential Landlord and Tenant Act (§ 55-248.2 et seq.), as applicable.

B. In addition to the termination rights set forth in subsection A, and notwithstanding the terms of the lease, the landlord may terminate the lease due to rehabilitation or a change in the use of all or any part of a building containing at least four residential units, upon 120 days' prior written notice to the tenant. Changes in use shall include but not be limited to conversion to hotel, motel, apartment hotel or other commercial use, planned unit development, substantial rehabilitation, demolition or sale to a contract purchaser requiring an empty building. This 120-day notice requirement shall not be waived except in the case of a tenancy from month to month, which may be terminated by the landlord by giving the tenant 30 days' written notice prior to the next rent due date of the landlord's intention to terminate the tenancy.

The written notice required by this section to terminate a tenancy shall not be contained in the rental agreement or lease, but shall be a separate writing.

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Information on evictions here

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Some people will actually offer "cash for keys" - encouraging the person to move out by X date in exchange for cash- not something that one wants to do but it can be quicker and cheaper than court (although the court will consider a request for attorney fees and costs)

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