Need to evict son of co-owner that is over 18 years old

I co-own a house with someone as tenants in common. His son recently came back
from college. While out to work his son leaves. When I get home the house is
unlocked. I confronted his son that he needed to lock the house when he leaves
but it still being unlocked. There was an argument after I took a shower, and
then in the other bathroom his son went to take a shower and it cuts down on
the water pressure when 2 are taking a shower at the same time. I asked him not
to take a shower when someone is taking a shower already and told him it cuts
on the water pressure. His son responded, ‘whatever’. I responded, ‘if you
cannot follow the rules here and abide by them, then he needed to leave the
house’. The son left the house to go to a friend’s house, upon leaving He told
me, ‘F you’. I need to evict the co-owner’s son from the house. Will not
listen, abide by rules, and I fear for my safety in the house with his son
living there. How do I go about evicting his son from the house?

Asked on June 8, 2018 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You cannot evict him by yourself: you need your co-owner to agree to evict him. The problem you fact is, each co-owner has the same and equal right to use and occupy the home--or to let other people (e.g. family) use and occupy the home. Even though you do not want your co-owner's son there, if you co-owner allows him to stay, you cannot remove him, since the co-owner has the right to let his son stay in the home. You cannot remove the son over the co-owner's wishes.
If you co-owner will agree to remove his son and the son does not go, then consult with a landlord-tenant attorney, who will know how to file the correct legal action to remove him.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You cannot evict him by yourself: you need your co-owner to agree to evict him. The problem you fact is, each co-owner has the same and equal right to use and occupy the home--or to let other people (e.g. family) use and occupy the home. Even though you do not want your co-owner's son there, if you co-owner allows him to stay, you cannot remove him, since the co-owner has the right to let his son stay in the home. You cannot remove the son over the co-owner's wishes.
If you co-owner will agree to remove his son and the son does not go, then consult with a landlord-tenant attorney, who will know how to file the correct legal action to remove him.


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