If a renter is refusing to sign a lease but has set up residency do I have to give him 30 day notice to evict him?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If a renter is refusing to sign a lease but has set up residency do I have to give him 30 day notice to evict him?
An agreement was made that he would rent a room so he won’t be living in his van. In return he would sign a lease and do some electrical work in the home. He hasn’t signed a lease or done any work in the home.
Asked on January 6, 2012 under Real Estate Law, Virginia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the person that you have an oral agreement to lease a room to refuses to reduce the oral agreement to a written understanding memorializing the full understanding of the agreement and has actually moved into the room, you have the following options:
1. speak with this person as to the need to have the agreement reduced to writing for the benefit of you both;
2. if he refuses to sign the written agreement serve him with a 3 day notice to perform of quit.
3. if he fails to abide by the terms of the 3 day notice to perform or quit, serve him with an unlawful detainer action. For that, I suggest that you consult with a landlord tenant attorney to assist you.
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.