What do I get someone who is not onour lease, removed from our home?

My wife and I allowed our babysitter to move into our rented townhouse with her 7 year-old son around 01/10, unknown to our landlord. It was supposed to be a temporary thing and we never had anything written down. After numerous times of verbally telling her that he had 30 days to move, she still hasn’t. I was hoping to figure out what the best way to do this is. Should we just have something in writing stating that by a certain date she needs to remove her belongings?

Asked on July 20, 2010 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to go through the formal eviction process. It is not difficult, but it is "technical"--if you don't do it properly, you will, at best, have to start over. (The entire process will take around 3 - 5 weeks, start to finish, and will involve some paperwork and a small filing fee.) You can contact you local courts to obtain paperwork, instruction, timelines, assistance, etc. Note that if your babysitter is providing you anything of value in exchange for staying there--e.g. some babysitting--she is probably considered a month-to-month tenant on an oral lease, and you would start by first giving her 30 days/1 month's notice that you are  not renewing her "lease" or tenancy. If she's not giving you anything of value, you can go straight to the eviction proceeding.


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