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How do we evict relatives we let move onto our land?

How do we evict relatives we let move onto our land?

Q: Can a writ of possession be stopped?

A writ of possession can be contested, but it typically requires a legal basis. If you believe the eviction is unjust, you may file a motion to stay the writ, arguing your case in court. However, this process can be complex and time-sensitive, so seeking legal advice is recommended to understand your options and rights.

Full question:

My question is my brother in law and his wife moved their mobile home on our land. There was no contract signed. We have sent them a registered letter to vacate the premises back in December. Needless to say they are still here. I can not be sure but alot of traffic is coming in and out and I suspect drugs. People are trespassing after we've asked them not to. He is causing problems between my husband and myself. We want them out. When we called the law back in December on all the vehicles parked in our driveway, the law told us it was his right to have who he wanted in his home. But they fail to understand my husband owns the property the trailer sits on. What rights do we have.

Category: Landlord Tenant
Date: 04/07/2025
State: Virginia

Answer:

Please see the information and forms at the following links:

http://definitions.uslegal.com/f/forcible-entry-and-detainer/

http://lawdigest.uslegalforms.com/landlord-tenant/index.php?dID=6818

http://lawdigest.uslegalforms.com/landlord-tenant/index.php?sCatID=31&state=VA

http://www.uslegalforms.com/va/VA-DC-469.htm

http://www.uslegalforms.com/va/VA-DC-421.htm

http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-VA-B-lease~termination~residential

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.

FAQs

What are the rules for eviction in North Dakota?

In North Dakota, the eviction process typically requires the landlord to provide written notice to the tenant, specifying the reason for eviction. If the tenant does not vacate, the landlord can file for eviction in court. The process may vary based on the reason for eviction, such as non-payment of rent or lease violations. It's important to follow the legal procedures outlined in North Dakota Century Code § 47-32 to ensure a valid eviction. Consulting with a local attorney can provide further guidance on specific cases.

Is notice to vacate the same as eviction?

No, a notice to vacate is not the same as an eviction. A notice to vacate is a formal request for a tenant to leave the property, often given before legal eviction proceedings begin. It serves as a warning, while eviction is a legal process that occurs when a landlord seeks to remove a tenant through the court system. Following the proper notice period is crucial before proceeding with eviction.

Can a family member kick you out of the house?

Yes, a family member can ask you to leave their property, but they must follow legal procedures. If you are living in their home without an agreement, they may provide a notice to vacate. If you do not leave voluntarily, they may need to pursue eviction through the courts. The specifics can depend on state laws and any agreements that may exist.

How much can you sue for wrongful eviction?

The amount you can sue for wrongful eviction varies by case and jurisdiction. Generally, you may seek damages for lost rent, emotional distress, and legal fees. In some cases, punitive damages may also be applicable. It's important to consult with a legal professional to assess your situation and determine potential compensation based on local laws.

Can a writ of possession be stopped?

What is the difference between a notice to vacate and an eviction notice?

A notice to vacate is a request for a tenant to leave the property, often given before legal action is taken. An eviction notice, on the other hand, is a formal document that initiates the legal process to remove a tenant from the property. The eviction notice usually follows a failure to comply with the notice to vacate and is filed with the court.