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

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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 11 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.


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