Am I considered a landlord if I rent out rooms in the house that I own and live in?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I considered a landlord if I rent out rooms in the house that I own and live in?

I rent out 2 of the rooms in the house that I am buying. I live there as well. Both roommates are under month-to-month leases. I gave them both written 30 day notices to quit on the first of the month. One of the roommates has not paid rent. Also, she is currently hospitalized for attempting suicide. Can I get her out of the house prior to the end of the 30 day notice if she does not pay rent? Do regular eviction laws apply? This is the 4th month in a row she has been late on rent without any prior notice given to me that she would be late. This violates the terms of the lease.

Asked on February 5, 2011 under Real Estate Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, you are a landlord in this case - you are an owner or real estate that receive payment in exchange for providing an occupant non-temporary living accomodations.  In order to remove this person, your tenant, you will have to file an unlawful detainer action (i.e. eviction).  However, before you do this, you must first give legally required notice.  In VA for a month-to-month tenancy, you must serve a written notice your tenant at least 30 days prior to the next rent due date. Since you have already done so, at the end of the 30 days you can then file an unlawful detainer.  This is mandated by law - you cannot shortcircuit the process.  If you attempt any self-help remedy, such as changing the locks, you could be held liable for both civil as well as criminal offenses. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption