Full question:
How do you go about evicting someone that lives with you?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Virginia
Answer:
§ 55-248.46. Termination of tenancy.
Either party may terminate a rental agreement which is for a term of sixty
days or more by giving written notice to the other at least sixty days prior
to the termination date; however, the rental agreement may require a
longer period of notice.
§ 55-248.31 Noncompliance with rental agreement; failure to pay rent
If the tenant commits a breach which is not remediable, the landlord may
serve a written notice on the tenant specifying the acts and omissions
constituting the breach and stating that the rental agreement will terminate
upon a date not less than thirty days after receipt of the notice.
An eviction refers to a lawsuit filed by a landlord to remove persons and
belongings from the landlord's property. In Texas law, these are also
referred to as "forcible entry and detainer" or "forcible detainer" suits. There
are hundreds filed every day with Texas justice courts (also called justice of
the peace or J.P. courts).
A landlord should start this process by terminating a tenant's right to
possession by giving a notice to the tenant. A landlord might do this for a
number of reasons -- the number one reason is for nonpayment of rent.
Sometimes a landlord may claim the tenant is staying past the agreed lease
term ("holding over").
If a tenant refuses to move after a landlord asks the tenant to leave, the
landlord must file an eviction case with the J.P. court to get approval to
remove the tenant. The landlord must prove that the tenant has either
violated the lease or has not moved after the landlord lawfully did not renew
the lease. While it may be the landlord's property, before a tenant can
actually be forced from their home a court rule for the landlord and a
constable must supervise the actual eviction.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
