What to do if my brother initially asked to keep a few belongings at my house until the end of the week but has now moved in and will not leave?

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What to do if my brother initially asked to keep a few belongings at my house until the end of the week but has now moved in and will not leave?

After his belongings were in the house, he asked to stay in my house until the end of the week. Now it is the end of the week and he is not leaving, he does not have a key. I read somewhere on the net that if he says this is his place of residence than it will be his place of residence legally. Is that true? How long does someone have to stay before they can say that is there residence? Even if they said from the start only a few days. Can I at least remove his belongings from the house?

Asked on October 3, 2012 under Real Estate Law, Virginia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since your brother has seemingly moved in without signing a lease with you and you want him out, he techically is under a month-to-month lease under the eyes of the law. In order to evict him, I suggest that you serve him with a thirty (30) day notice of termination of his possession of the rental.

If he does not move out in this time period, you will need to file an unlawful detainer action against him at the local court house. I suggest that if matters come to that, you consult with a landlord tenant attorney to assist you.


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