Legal Question in Landlord & Tenant Law in Virginia

evicting a roommate

I current have a roommate who I gave notice yesterday to move out by Sunday. (2 days notice) In Va you are suppose to give 30 days notice if there is no written lease, however is he considered a tenant if he does not receive any mail there. He has been making my life hell for the past 2 weeks and I don't know if i can deal with him for another 30 days.

Asked on 2/29/08, 8:27 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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Re: evicting a roommate

Yes, 30 days advance notice is standard for an oral lease, not only in Virginia, but in most other places.

However, that doesn't mean that you can't tell the no longer welcome co-occupier to leave earlier; you certainly can, but the request will not be legally enforceable in the event that the person doesn't leave.

(Even on an oral lease, the 30 day advance notice to vacate should be given in writing, if at all possible.)

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Answered on 2/29/08, 9:09 am

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