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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 11 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.
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.