Am I required to give a 30 day notice to ask someone to move out?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I required to give a 30 day notice to ask someone to move out?

This person is on probation and has lived with me for almost 4 months. I offered a notice to vacate with 30 days notice and she refused to sign it, but did move out the same day. My concern is that she will attempt to sue me. Nothing was signed prior to her moving in but her probation officer did a home check.

Asked on August 21, 2012 under Real Estate Law, Virginia

Answers:

Darren Delafield

Answered 8 years ago | Contributor

You need to identify your relationship with the other individual. If you both signed the lease, she owns an interest in the rented property. If you subleased to her, she owns a subleased interest in the rented property. In either case, the terms of the lease will govern how the lease may be terminated. If you are married, a divorce judge will determine who keeps possession of the rented property. If you rented the property in your name alone and did not subleae, she may be a mere guest. Guests have some rights, but not nearly as many nor as strong as the rights of a tenant.


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