What are the implications of a restraining order on eviction in Virginia?

Full question:

My nephew in Virginia has restraining order against him by his ex-girlfriend living in his trailer that he owns. Judge says he can't kick her out because she might become homeless and lawyer says he has to keep paying utilities. This has been going on for over eight months. What is the real law and does she have squatter's rights in VA?

• Category: Landlord Tenant
• Subcategory: Lease Termination
• Date: 04/07/2025
• State: Virginia

Answer:

Adverse possession allows someone to claim ownership of land after occupying it for a specific period. In Virginia, this period is fifteen years. To establish adverse possession, the use must be overt, hostile, exclusive, uninterrupted, and under a claim of right. Merely paying taxes isn't enough; the possessor must demonstrate actions that show they are treating the property as their own.

In cases of occupancy without a written lease, the person is usually considered a month-to-month tenant at will. This arrangement can be terminated by the owner with written notice—30 days for month-to-month tenancies. If the tenant remains after the notice period, the landlord can pursue legal action for possession (Va. Code § 55-248.37).

For manufactured homes, the notice period is longer, typically 60 days, or 180 days if the landlord plans to change the use of the property (Va. Code § 55-248.46). A landlord cannot evict a tenant by cutting off essential services or using self-help measures.

In your nephew's case, the restraining order complicates matters. The judge's ruling prevents him from evicting his ex-girlfriend, and the ongoing situation may not qualify her for squatter's rights, as those typically require a longer period of uninterrupted possession without the owner's consent. He should consult his attorney for specific guidance on his situation.