This person has a few belongings at my place, some clothing and her dog, and was staying with us in our 2 bedroom apt. for 3 weeks until we all moved into a 3 bedroom. We are no longer moving into that 3 bedroom, yet this person hasn't left. She has paid us $320 but has been there since August. She owes us money for the 3 bedroom nonrefundable deposit, for utilities and rent. She never comes home, so she doesnt take care of dog (I am about to call Animal Control) - I just want her to get her stuff and leave! What can I do legally? She is NOT on the lease. The apt. complex agreed to let her stay with us one month, while we waited for that 3 bedroom to open - but now she backed out of that and we are stuck taking care of her dog and paying her share!

I'm feed up and need some advice!

Well if they're not on the lease, then evict them. I had an issue like this one time for a room I was renting. I posted an eviction notice on their door to their bedroom (tacked it on) and gave them 30 days. At the end of that 30 days, and they were still there, I took all their stuff put it up on the front porch and changed the locks. When they came home, they came me a rash of their shit, called the cops, and the cops enforced the eviction.

Squatter Woes Wrote:
-------------------------------------------------------
> The apt. complex agreed to let her stay with us one month,
> while we waited for that 3 bedroom to open

So what's the problem? She's not on the lease, the apartment complex only allowed her to stay on for one month and that's long past. Grow a pair and kick her ass out.

You throw her stuff out in the hall, send her dog to Animal Control, change the locks. If they are not welcome they are trespassing in your home.

It's not that simple...

You have to go through the court before you can evict someone (see links below).

Information
http://www.fairfaxcounty.gov/consumer/tenant/tenant-landlord-brochure.pdf

Eviction Procedures
http://www.fairfaxcounty.gov/sheriff/eviction.htm

She doesn't have a lease!!!!!!!!!!!!!!!!! That makes her a visitor.

The fly in the ointment is that the complex's management team allowing her to stay likely means the Virginia Residential Landlord Tenant Act (VRLTA) applies to the situation and she therefore has statutory rights she otherwise would not have had.

She has LL approval (you said she did) and you and her agreed she would pay some bills (which you said she did), and she moved in (which she did) what you have is a tenant--and you are the landlord. The sum of the situation appears to be you will have to evict her in accordance with Virginia law (generally, 30 days’ notice of termination of agreement (in writing) for a month to month agreement (the default absent a written document)). If she refuses to leave, you will have to take her to General District Court (GDC) and sue on grounds of unlawful detainer. That process could take from 4 to 8 weeks, maybe more depending on circumstances. Lawyers not required, you can likely handle the matter yourself using FFX county forms (available on the court’s website)

As a practical matter, you may want to sit down with her, ask her to leave, if she agrees reduce the new agreement to writing so she can’t come after you later and say you illegally/wrongfully evicted her.

Landlord / Tenant Lawyer Wrote:
-------------------------------------------------------
> The fly in the ointment is that the complex's
> management team allowing her to stay likely means
> the Virginia Residential Landlord Tenant Act
> (VRLTA) applies to the situation and she therefore
> has statutory rights she otherwise would not have
> had.
>

Ah, but the apartment complex only agreed to allow her to stay for a "month" and not past it. Which would make this squatter in violation of that agreement and she can be evicted.

She has paid us $320 but has been there since August

that's only 1 mo. for 1 room why would she have paid any more or less ?

i've seen $500 but i'd never pay that for a room

hell rent use to be $100/mo/room in this area or less for a bunch of kids

where are you getting that much money may i ask ? a gov job ?

She is NOT on the lease.

you admitted to a contract (if this is not her tyring to falsely substanciate one acting as the renter)

so your complaining about 1 mo. extra (2 tot.) that supposedly you'll get paid for

you volunteer to have her.

eviction isn't quick and easy

what is the hurry to evict ? did you fuck her or something ?

Give him a swift kick in the ass.

MyvnN Wrote:
-------------------------------------------------------
> so your complaining about 1 mo. extra (2 tot.)
> that supposedly you'll get paid for
>
> you volunteer to have her.
>
> eviction isn't quick and easy
>
> what is the hurry to evict ? did you fuck her or
> something ?

She has not paid rent since last August.

Buy a gun and point it at her until she leaves. Problem Solved.

Obey the law, but make that dame's life as miserable as possible. Don't torment the dog, however.

When speaking to the woman, don't talk to her, scream at her.

Music loud.

Walk in on her in the shower. This actually is not breaking the law, unless you are photographing her. Do not do that. Just walk into the bathroom and start using the toilet while she's in the shower.

Eat all of her food. Deny that you ate the food.

Again, yell at her at all times.

I do feel sorry for the dog though. Women are sometimes the worst dog owners. In fact, the majority of bad dog owners are women.

I had a similar situation years ago, though the former friend had a cat. I boxed up her junk, put a leash on the cat, and deposited it all on the loading dock at her workplace at 7 am one morning, with a note to deliver it to her and her office number.

She called to scream at me, which made me feel good as I knew she had received the cat and junk. But she was out, and did not come back.

Problem solved.

Original post was asked and answered two years ago on Avvo.com

http://www.avvo.com/legal-answers/how-do-i-evict-someone-that-is-not-on-our-lease--904962.html

New Trends in Trolling Wrote:
-------------------------------------------------------
> Original post was asked and answered two years ago
> on Avvo.com
>
> http://www.avvo.com/legal-answers/how-do-i-evict-s
> omeone-that-is-not-on-our-lease--904962.html

But it was not answered correctly was it? No it wasn't.

You will learn after this is over.

Never Run Out of Ammo

Guns Don't Kill People. People Kill People

Them or You

The two most important days in your life are the day your were born and and the day you find out why

Gunlover Wrote:
-------------------------------------------------------
> You will learn after this is over.

Do you perform fellatio or take it up the ass from your gun?
Who has the masculine role and who is feminine in this relationship?
In a life or death situation,would you protect your gun or would your love protect you?

A question about gun loving Wrote:
-------------------------------------------------------
> Gunlover Wrote:
> --------------------------------------------------
> -----
> > You will learn after this is over.
>
> Do you perform fellatio or take it up the ass from
> your gun?
> Who has the masculine role and who is feminine in
> this relationship?
> In a life or death situation,would you protect
> your gun or would your love protect you?
Attachments:

all this legal advice is so fucking funny

pull your heads out of your asses!

she is not a rentor, only a visitor

ask her to leave, if she does not, call the cops and they will make her leave

there is no legal issue at all

no lease = visitor

wat tha fuck? Wrote:
-------------------------------------------------------
> all this legal advice is so fucking funny
>
> pull your heads out of your asses!
>
> she is not a rentor, only a visitor
>
> ask her to leave, if she does not, call the cops
> and they will make her leave
>
> there is no legal issue at all
>
> no lease = visitor


Yeah, right. It's easier to steal a house than anything else, and your punishment? Bad credit. That's it. No, the cops won't arrest her. They'll tell you to take it to the courts

If you throw her out, squatters/moochers/"renters" rights bedamned, just what is she going to do to you?

She is obviously broke and stupid. If she found somebody to help her take this to court, the judge would probably be laughing so hard they would have a hard time ordering the whole thing thrown out of court.

e6K9t Wrote:
-------------------------------------------------------
> She has paid us $320 but has been there since
> August
>
> that's only 1 mo. for 1 room why would she have
> paid any more or less ?
>
> i've seen $500 but i'd never pay that for a room
>
> hell rent use to be $100/mo/room in this area or
> less for a bunch of kids
>
> where are you getting that much money may i ask ?
> a gov job ?




Are you an idiot? She posted in JULY that the person has been there since August. August comes after July. Therefore the person has been there 11 months, not 1.

Really? Wrote:
-------------------------------------------------------
> wat tha fuck? Wrote:
> --------------------------------------------------
> -----
> > all this legal advice is so fucking funny
> >
> > pull your heads out of your asses!
> >
> > she is not a rentor, only a visitor
> >
> > ask her to leave, if she does not, call the
> cops
> > and they will make her leave
> >
> > there is no legal issue at all
> >
> > no lease = visitor
>
>
> Yeah, right. It's easier to steal a house than
> anything else, and your punishment? Bad credit.
> That's it. No, the cops won't arrest her. They'll
> tell you to take it to the courts


wtf?

steal a house?
bad credit?
arrest her?


she simply would be removed from the property by the police

end of story

Call the cops.

I gotta feeling this case is going to be on Judge Judy.

m4xL4 Wrote:
-------------------------------------------------------
> Really? Wrote:
> --------------------------------------------------
> -----
> > wat tha fuck? Wrote:
> >
> steal a house?
> bad credit?
> arrest her?
>

ah full of your self as usual

that would be only the first of reasons to arrest you first

Call her parents to take her home.

grow a pear Wrote:
-------------------------------------------------------
> Call her parents to take her home.

You want them to grow this?
Attachments:

We have bought a foreclosure house and there are people living in it. We do not know if they are the owners or tenants. How to start an eviction process and how to prevent them to make damage to the house out of anger? Should we talk to them before doing so or just start this procedure? Also, how much a lawyer fees in such case might be? We are hoping to live in this house and hope we can have it the soonest possible. What is the shortest time this can be done? (if they are the owners as most likely to be)

Centreville new home owner Wrote:
-------------------------------------------------------
> We have bought a foreclosure house and there are
> people living in it. We do not know if they are
> the owners or tenants. How to start an eviction
> process and how to prevent them to make damage to
> the house out of anger? Should we talk to them
> before doing so or just start this procedure?
> Also, how much a lawyer fees in such case might
> be? We are hoping to live in this house and hope
> we can have it the soonest possible. What is the
> shortest time this can be done? (if they are the
> owners as most likely to be)

The great likelihood is that these are the former owners, and they're probably not in a great frame of mind. Probably the quickest and cleanest way to handle this is to buy these people out. This is the approach often used by real estate investors and property owners in tenant friendly places like DC (where it takes an act of God to get someone to move if you want to sell).

Try to approach these people from a sympathetic standpoint (even if you want to strangle them). Offer them a few (1 - 5) thousand dollars and a moving van. Make clear that they are going to have to move eventually and you just want to make the process as painless as possible. Of course, your offer is contingent on the property not being trashed. And they get paid AFTER they move out.

If that doesn't work, then you have to start formal proceedings. I don't believe that you are technically evicting these people since they are (I think) squatters at this point. You need to contact the county to figure this out. Good luck.

Some Thoughts Wrote:
-------------------------------------------------------
> Centreville new home owner Wrote:
> --------------------------------------------------
> -----
> > We have bought a foreclosure house and there
> are
> > people living in it. We do not know if they are
> > the owners or tenants. How to start an eviction
> > process and how to prevent them to make damage
> to
> > the house out of anger? Should we talk to them
> > before doing so or just start this procedure?
> > Also, how much a lawyer fees in such case might
> > be? We are hoping to live in this house and
> hope
> > we can have it the soonest possible. What is
> the
> > shortest time this can be done? (if they are
> the
> > owners as most likely to be)
>
> The great likelihood is that these are the former
> owners, and they're probably not in a great frame
> of mind. Probably the quickest and cleanest way to
> handle this is to buy these people out. This is
> the approach often used by real estate investors
> and property owners in tenant friendly places like
> DC (where it takes an act of God to get someone to
> move if you want to sell).
>
> Try to approach these people from a sympathetic
> standpoint (even if you want to strangle them).
> Offer them a few (1 - 5) thousand dollars and a
> moving van. Make clear that they are going to have
> to move eventually and you just want to make the
> process as painless as possible. Of course, your
> offer is contingent on the property not being
> trashed. And they get paid AFTER they move out.
>
> If that doesn't work, then you have to start
> formal proceedings. I don't believe that you are
> technically evicting these people since they are
> (I think) squatters at this point. You need to
> contact the county to figure this out. Good luck.

I don't have that kind of money. We just bought the house, and why should I have to pay these people to get out of MY house?

Back in November my grandchildren's father passed away. His girlfriend was only living with him for 2 months before he passed. His name was on the lease, not her name. I tried to be compassionate, cause she lost someone close to her as well. She has somewhere to go at this present point and time, but chooses not to leave or pay rent. I offered her a lease, which she refused as well as tried to get her to sign a refusal form that stated that she didn't want to live in the house any longer which she refused to sign as well. I am trying to sell the house now but I don't know how to go about evicting her from the the property first. I don't want to run into "Squatter Rights" or give her those rights.

Hey, "Centreville New Home Owner." You just bought a house and you don't have several thousand dollars put away for contingencies? Then you shouldn't have bought in the first place.

And if you don't have a few thousand dollars to bribe the squatters to leave with a "cash for keys" strategy, then you don't have enough to hire a lawyer at $250 or more per hour.

Did you do a walk-through before closing on the property?

Plus: What's your Realtor say? Hopefully, YOU had one and weren't relying on the listing agent.

You ask: "why should I have to pay these people to get out of MY house?" Well, duh, because they're there. You have to deal with the facts as they are now, the situation as it is now. Not the way you'd like it to be.

You want to prevent them from "making damage"? Then deal with them as gently and efficiently as possible. That usually means giving them money to move, not unleashing a lawyer on them. Otherwise, you might find holes punched in the drywall, cement poured down your drains, and so on. The repairs alone would be many times greater than what you could have paid to get them to move.

That's the reality of the situation.

Centreville new home owner Wrote:
-------------------------------------------------------
> I don't have that kind of money. We just bought
> the house, and why should I have to pay these
> people to get out of MY house?

What's fair and what's legal are two different things. Of course, you want to take immediate possession, but you bought the property with people in it and they have to be dealt with. You can try and figure this whole process out on your own, or you can hand it over to a lawyer. I don't know what that will cost, but I can't imagine that it would be less than a couple thousand dollars.

And this could be a lengthy process. Just based on minimal research, it looks like you have to file a notice to vacate to start the process. If they dont vacate within the given timeframe, then you have to file an unlawful detainer lawsuit. You'll then have a court hearing (probably several weeks in the future) where you will most likely receive a judgment in your favor. Once again, the occupants are given a certain amount of time to vacate. If they don't, then you have to file for a writ of possession to have them physically removed. Don't take my word for it - you should research this yourself. I haven't gone through this process, but it sounds like it could easily take a couple of months - and that's assuming everything goes smoothly.

Meanwhile, the occupants of the house could be trashing it. I don't know how you can stop them if they are determined to do it. It's amazing the lengths that vengeful people with nothing to lose will go to. You could try collecting after the fact, but there's a reason they lost the house in the first place. Meanwhile, of course, you need a place to stay until you take possession.

PLEASE BE ADVISED THAT I AM NOT A LAWYER OR A REAL ESTATE AGENT. But I have owned a number of properties, some of which I've rented out, and I've dealt with difficult tenants for years. I can tell you that it is far easier, less stressful, and generally less costly to try to negotiate a win-win compromise than to engage in an all out battle with difficult people. They can make your life a living hell.

Ten Toes in the Grave Wrote:
-------------------------------------------------------
> Hey, "Centreville New Home Owner." You just bought
> a house and you don't have several thousand
> dollars put away for contingencies? Then you
> shouldn't have bought in the first place.
>
> And if you don't have a few thousand dollars to
> bribe the squatters to leave with a "cash for
> keys" strategy, then you don't have enough to hire
> a lawyer at $250 or more per hour.
>
> Did you do a walk-through before closing on the
> property?
>
> Plus: What's your Realtor say? Hopefully, YOU had
> one and weren't relying on the listing agent.
>
> You ask: "why should I have to pay these people to
> get out of MY house?" Well, duh, because they're
> there. You have to deal with the facts as they are
> now, the situation as it is now. Not the way you'd
> like it to be.
>
> You want to prevent them from "making damage"?
> Then deal with them as gently and efficiently as
> possible. That usually means giving them money to
> move, not unleashing a lawyer on them. Otherwise,
> you might find holes punched in the drywall,
> cement poured down your drains, and so on. The
> repairs alone would be many times greater than
> what you could have paid to get them to move.
>
> That's the reality of the situation.

When we did the walkthru, it was implied that they the previous owners and would be moving out once the house was sold. It wasn't until after the sale that we found this problem. No I don't have thousands of dollars handy for contingencies right now, we had enough between our two jobs. I might hold off on our next payment to the bank for breach of contract. I believe that this is a problem they should have resolved prior to the sale. We shouldn't have to deal with squatters living in our house that we just bought. Thoughts?

Could woulda shoulda. This is screwed up on so many levels.

First, it doesn't matter what was 'implied'. All real estate transactions and terms must be in writing. There is no breach of contract since there is nothing in writing pertaining to this issue. Your real estate agent could have told you that - if you had had one.

Second, you suggest withholding payment to the bank. The bank that sold you the property and the bank through whom you got financing for the property could well be different. The bank who is financing your property has no legal responsibility in this matter. That is, until they foreclose on you for not making payments.

Bottom line - you are way over your head here. Run, do not walk to a lawyer (which I am not).

It amazes me that people make the biggest financial commitment of their life with so little understanding of the real estate process. From what you've written, the bank appears to have fulfilled its contractual obligations. Now you have to do the same - whether you like it or not.

Good grief!

Look: Suppose the house had termites. And let's suppose you had it inspected, and the inspector told you that the house had termites. What would you have done?

No, let me rephrase that: What SHOULD you have done?

You should have had an inspection contingency in your contract. You probably would have required that all termites be exterminated by a professional before you'd close on the house. You'd have done a walk through to try to determine whether the termites were gone. Then, at closing, you'd have asked for a document from the exterminator detailing the termite elimination. Note that this is all done in writing and this is all done before you pay the seller your money.

You wouldn't have accepted someone's "implication" that the termites would be removed.

Now: Just substitute "squatters" for "termites." You'd have required in your contract that the house be delivered empty. You'd have done a walk through to determine whether the house was empty (and you'd have had a locksmith standing by to change all the locks). Then, at closing, you'd have asked for written verification that the house was being delivered empty.

Let me return to another suggestion above: Where was your Realtor? Oh, let me guess. You didn't have one. You figured you didn't need one. And being the cheapass you are, you thought you might get a better deal if you didn't have a Realtor yourself. Surprise, surprise. You didn't save a penny. Your Realtor would have suggested all these steps. The agent representing the bank didn't.

Bottom line: You've totally fu*ked this up. And you seem intent on continuing to do so. Withholding payment from the bank? See how far THAT gets you. Your choices are: (1) Pay a lawyer, or (2) Pay the squatters to move. That's it.

FUCK all these wanna-be lawyers.

Here are the facts - call the police and they will remove her - that is it!

These fucks are ignorant. Here is a perfect example:

A friend comes over to your house to watch a movie, then says "I am not leaving", they have ZERO legal rights to stay. You CALL THE POLICE AND THEY REMOVE YOUR FRIEND.

All this other advice is just uninformed assholes making a mountain from a molehill.

Squatter Woes Wrote:
---
.....
She never comes
> home, so she doesnt take care of dog (I am about
> to call Animal Control) - I just want her to get
> her stuff and leave! What can I do legally?
...

So does she live there or not? If she still lives there and paid you money -- even not enough -- she likely has tenant rights, as noted. But if she NEVER comes home and just left some belonging there, that's different. Do you talk to her? Have you said "Time's up?" Do you know where she is? Do you have mutual friends who could help out somehow? Calling animal control about the dog might get it killed for something that not its fault.

kpxex Wrote:
-------------------------------------------------------
> FUCK all these wanna-be lawyers.
>
> Here are the facts - call the police and they will
> remove her - that is it!
>
> These fucks are ignorant. Here is a perfect
> example:
>
> A friend comes over to your house to watch a
> movie, then says "I am not leaving", they have
> ZERO legal rights to stay. You CALL THE POLICE AND
> THEY REMOVE YOUR FRIEND.
>
> All this other advice is just uninformed assholes
> making a mountain from a molehill.

How much did you have to drink when you wrote this post? This isn't the Wild West, fella. Let's say you call the police and tell them you bought a house and the former owners are still living there and you want them thrown out. Let's say the police do not dismiss you out of hand and talk to the former owners. The former owners say that the foreclosure process was not followed correctly or any one of a million different excuses for why they are still there. Do you think the police are going to stick a detective on the case to see where the truth lies? No. They're going to tell you to get an eviction order and then they'll take action.

And your example is ridiculous. A homeowner who lives in a property is not some schlub crashing on your couch for a few hours. In fact, people who have absolutely no legal connection to a property can take up residence in a vacant home (of course, the homeowners or the bank don't realize this), and claim rights to the property. This has happened with some frequency in vacant foreclosure homes since the housing crash. Stupid as it sounds, you still have to evict them. Here's an article that explains how this works in layman terms:

http://realestate.msn.com/article.aspx?cp-documentid=15819672

How about doing some research next time instead of spouting off in the middle of the night.

nHWWy Wrote:
-------------------------------------------------------
> Squatter Woes Wrote:
> ---
> .....
> She never comes
> > home, so she doesnt take care of dog (I am
> about
> > to call Animal Control) - I just want her to
> get
> > her stuff and leave! What can I do legally?
> ...
>
> So does she live there or not? If she still lives
> there and paid you money -- even not enough --
> she likely has tenant rights, as noted. But if she
> NEVER comes home and just left some belonging
> there, that's different. Do you talk to her? Have
> you said "Time's up?" Do you know where she is? Do
> you have mutual friends who could help out
> somehow? Calling animal control about the dog
> might get it killed for something that not its
> fault.

Well then what do you suggest I do then? She's never there anymore except sometimes during the day when we're not at home (we're at work). I've been told I legally cannot change the locks or I can be sued by her. Now, from what I'm hearing I'm going to have to spend money out of my own pocket to get this two-faced tramp out of there before we can move. Ridiculous!

Squatter Woes Wrote:
-------------------------------------------------------
>

>
> Well then what do you suggest I do then? She's
> never there anymore except sometimes during the
> day when we're not at home (we're at work). I've
> been told I legally cannot change the locks or I
> can be sued by her. Now, from what I'm hearing I'm
> going to have to spend money out of my own pocket
> to get this two-faced tramp out of there before we
> can move. Ridiculous!

So where is she? Where does she sleep if she's not there at night? Does she work at a job? Are you communicating with her? The first step is to talk to her directly and try to work something out. Maybe she doesn't see herself as living there and just needs a place to store some stuff. Maybe wherever she's sleeping won't let her bring her dog. Do you have mutual friends who could mediate for you? If you try to initiate legal action, the first thing anybody will ask you is whether you at least gave proper notice to the other party, and if you just get rid of her stuff and her dog she would certainly has grounds to come after you.

Centreville new home owner Wrote:
-------------------------------------------------------
> We have bought a foreclosure house and there are
> people living in it. We do not know if they are
> the owners or tenants. How to start an eviction
> process and how to prevent them to make damage to
> the house out of anger? Should we talk to them
> before doing so or just start this procedure?
> Also, how much a lawyer fees in such case might
> be? We are hoping to live in this house and hope
> we can have it the soonest possible. What is the
> shortest time this can be done? (if they are the
> owners as most likely to be)

Is this a joke? All of these questions should have been resolved BEFORE you bought the house. Usually foreclosure means that, after legal proceedings, the bank takes possession of the house and evicts the owners. But if these people are tenants the bank might not know about them, and they might still be paying rent to the person they think is the owner. You can't knock on the door and say "This is my house. Get out." You need a lawyer, and you may need to pay for a lengthy legal process.

Centreville new home owner Wrote:
-------------------------------------------------------

> When we did the walkthru, it was implied that they
> the previous owners and would be moving out once
> the house was sold. It wasn't until after the sale
> that we found this problem.

Who implied it? Your agent? The selling agent? The bank? Maybe you should start by contacting that party. This should all have been resolved before you went to closing. Get a lawyer.

Its Not That Easy Wrote:
-------------------------------------------------------
> kpxex Wrote:
> --------------------------------------------------
> -----
> > FUCK all these wanna-be lawyers.
> >
> > Here are the facts - call the police and they
> will
> > remove her - that is it!
> >
> > These fucks are ignorant. Here is a perfect
> > example:
> >
> > A friend comes over to your house to watch a
> > movie, then says "I am not leaving", they have
> > ZERO legal rights to stay. You CALL THE POLICE
> AND
> > THEY REMOVE YOUR FRIEND.
> >
> > All this other advice is just uninformed
> assholes
> > making a mountain from a molehill.
>
> How much did you have to drink when you wrote this
> post? This isn't the Wild West, fella. Let's say
> you call the police and tell them you bought a
> house and the former owners are still living there
> and you want them thrown out. Let's say the police
> do not dismiss you out of hand and talk to the
> former owners. The former owners say that the
> foreclosure process was not followed correctly or
> any one of a million different excuses for why
> they are still there. Do you think the police are
> going to stick a detective on the case to see
> where the truth lies? No. They're going to tell
> you to get an eviction order and then they'll take
> action.
>
> And your example is ridiculous. A homeowner who
> lives in a property is not some schlub crashing on
> your couch for a few hours. In fact, people who
> have absolutely no legal connection to a property
> can take up residence in a vacant home (of course,
> the homeowners or the bank don't realize this),
> and claim rights to the property. This has
> happened with some frequency in vacant foreclosure
> homes since the housing crash. Stupid as it
> sounds, you still have to evict them. Here's an
> article that explains how this works in layman
> terms:
>
> http://realestate.msn.com/article.aspx?cp-document
> id=15819672
>
> How about doing some research next time instead of
> spouting off in the middle of the night.


HEY DOUCHBAG READ TEH FUCKING OPs POST, THEN GET BACK TO US.



HERE IT IS YOU IGNORANT FUCK:



How do I evict someone that is not on our lease?

Posted by: Squatter Woes ()

Date: July 11, 2014 06:14AM


This person has a few belongings at my place, some clothing and her dog, and was staying with us in our 2 bedroom apt. for 3 weeks until we all moved into a 3 bedroom. We are no longer moving into that 3 bedroom, yet this person hasn't left. She has paid us $320 but has been there since August. She owes us money for the 3 bedroom nonrefundable deposit, for utilities and rent. She never comes home, so she doesnt take care of dog (I am about to call Animal Control) - I just want her to get her stuff and leave! What can I do legally? She is NOT on the lease. The apt. complex agreed to let her stay with us one month, while we waited for that 3 bedroom to open - but now she backed out of that and we are stuck taking care of her dog and paying her share!

I'm feed up and need some advice!




......SO, WHAT I SAID WAS CORRECT.

/THREAD

^ Well, since the seven posts prior to your rant pertained to a person in Centreville who bought a home with a squatter, it could reasonably be assumed that your comments pertained to that issue as well. Apparently, they did not.

Nonetheless, the situation is not that dissimilar. You've got an unwanted person in your property that you want out. While I'm sure that you would march right over with your AK-47 and scream "GET THE FUCK OUT!", with a warning shot in the air to let them know you mean business, that's not the way the rest of the civilized world handles these matters.

You really are an ignorant little goober.

No, It's Really Not Wrote:
-------------------------------------------------------
> ^ Well, since the seven posts prior to your rant
> pertained to a person in Centreville who bought a
> home with a squatter, it could reasonably be
> assumed that your comments pertained to that issue
> as well. Apparently, they did not.
>
> Nonetheless, the situation is not that dissimilar.
> You've got an unwanted person in your property
> that you want out. While I'm sure that you would
> march right over with your AK-47 and scream "GET
> THE FUCK OUT!", with a warning shot in the air to
> let them know you mean business, that's not the
> way the rest of the civilized world handles these
> matters.
>
> You really are an ignorant little goober.


You are wrong.

If a person is a visitor, which it clearly states in the OP, then a person would only have to call law enforcement to their home to have them removed.

Really simple and the "all caps" post pointed that out completely. The situations are not similar at all.

You may have noticed that this is a question that was posted on another website. And it was answered by a real estate LAWYER...

"Date: July 11, 2014 07:24AM

The fly in the ointment is that the complex's management team allowing her to stay likely means the Virginia Residential Landlord Tenant Act (VRLTA) applies to the situation and she therefore has statutory rights she otherwise would not have had.

She has LL approval (you said she did) and you and her agreed she would pay some bills (which you said she did), and she moved in (which she did) what you have is a tenant--and you are the landlord. The sum of the situation appears to be you will have to evict her in accordance with Virginia law (generally, 30 days’ notice of termination of agreement (in writing) for a month to month agreement (the default absent a written document)). If she refuses to leave, you will have to take her to General District Court (GDC) and sue on grounds of unlawful detainer. That process could take from 4 to 8 weeks, maybe more depending on circumstances. Lawyers not required, you can likely handle the matter yourself using FFX county forms (available on the court’s website)."

A 'visitor' does not pay rent. This person has become a tenant, who has to be evicted. Good to see you've calmed down, however.

Good Try Wrote:
-------------------------------------------------------
> You may have noticed that this is a question that
> was posted on another website. And it was answered
> by a real estate LAWYER...
>
> "Date: July 11, 2014 07:24AM
>
> The fly in the ointment is that the complex's
> management team allowing her to stay likely means
> the Virginia Residential Landlord Tenant Act
> (VRLTA) applies to the situation and she therefore
> has statutory rights she otherwise would not have
> had.
>
> She has LL approval (you said she did) and you and
> her agreed she would pay some bills (which you
> said she did), and she moved in (which she did)
> what you have is a tenant--and you are the
> landlord. The sum of the situation appears to be
> you will have to evict her in accordance with
> Virginia law (generally, 30 days’ notice of
> termination of agreement (in writing) for a month
> to month agreement (the default absent a written
> document)). If she refuses to leave, you will have
> to take her to General District Court (GDC) and
> sue on grounds of unlawful detainer. That process
> could take from 4 to 8 weeks, maybe more depending
> on circumstances. Lawyers not required, you can
> likely handle the matter yourself using FFX county
> forms (available on the court’s website)."
>
> A 'visitor' does not pay rent. This person has
> become a tenant, who has to be evicted. Good to
> see you've calmed down, however.


Yes, answered incorrectly.

No legal paper = no tenant.

100 "lawyers" can post and it still is as simple as having the police remove the unwanted person from the property.

wrong again Wrote:
-------------------------------------------------------
> Good Try Wrote:
> --------------------------------------------------
> -----
> > You may have noticed that this is a question
> that
> > was posted on another website. And it was
> answered
> > by a real estate LAWYER...
> >
> > "Date: July 11, 2014 07:24AM
> >
> > The fly in the ointment is that the complex's
> > management team allowing her to stay likely
> means
> > the Virginia Residential Landlord Tenant Act
> > (VRLTA) applies to the situation and she
> therefore
> > has statutory rights she otherwise would not
> have
> > had.
> >
> > She has LL approval (you said she did) and you
> and
> > her agreed she would pay some bills (which you
> > said she did), and she moved in (which she did)
> > what you have is a tenant--and you are the
> > landlord. The sum of the situation appears to
> be
> > you will have to evict her in accordance with
> > Virginia law (generally, 30 days’ notice of
> > termination of agreement (in writing) for a
> month
> > to month agreement (the default absent a
> written
> > document)). If she refuses to leave, you will
> have
> > to take her to General District Court (GDC) and
> > sue on grounds of unlawful detainer. That
> process
> > could take from 4 to 8 weeks, maybe more
> depending
> > on circumstances. Lawyers not required, you can
> > likely handle the matter yourself using FFX
> county
> > forms (available on the court’s website)."
> >
> > A 'visitor' does not pay rent. This person has
> > become a tenant, who has to be evicted. Good to
> > see you've calmed down, however.
>
>
> Yes, answered incorrectly.
>
> No legal paper = no tenant.
>
> 100 "lawyers" can post and it still is as simple
> as having the police remove the unwanted person
> from the property.

Per the Fairfax County website, It's not that simple...

You have to go through the court before you can evict someone (see links below).

Information
http://www.fairfaxcounty.gov/consumer/tenant/tenant-landlord-brochure.pdf

Eviction Procedures
http://www.fairfaxcounty.gov/sheriff/eviction.htm

It is NOT that hard to evict a non-paying tenant. If anything it is easier to evict a tenant with no lease. You need to serve a 3 day pay or quite. Double check the laws for VA though as some states require a 5 day. When he still does not pay then you file the eviction with the court on the 4th day.

If you do not want to give her a chance to pay & just want her out then you can serve a 30 day notice. You can serve tenants with no lease a 30 day notice at any time & for no reason. Again, double check the required # of days for VA as some states are different, but the general concepts are the same.

Put their shit on the curb and change the lock. Case closed.

Stanley Roper Wrote:
-------------------------------------------------------
> Put their shit on the curb and change the lock.
> Case closed.
Attachments:

vGe6F Wrote:
-------------------------------------------------------
> It is NOT that hard to evict a non-paying tenant.
> If anything it is easier to evict a tenant with no
> lease. You need to serve a 3 day pay or quite.
> Double check the laws for VA though as some states
> require a 5 day. When he still does not pay then
> you file the eviction with the court on the 4th
> day.
>
> If you do not want to give her a chance to pay &
> just want her out then you can serve a 30 day
> notice. You can serve tenants with no lease a 30
> day notice at any time & for no reason. Again,
> double check the required # of days for VA as some
> states are different, but the general concepts are
> the same.

You left out a few steps there - wait period for court date following summons for unlawful detainer, 10 day tenant appeal period, issuance of writ of possession by the court to the Sheriff's office, up to 30 days for physical eviction. Savvy tenants can drag this process out for months, especially if they contest the eviction.

Learn to Read Wrote:
-------------------------------------------------------
> wrong again Wrote:
> --------------------------------------------------
> -----
> > Good Try Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > You may have noticed that this is a question
> > that
> > > was posted on another website. And it was
> > answered
> > > by a real estate LAWYER...
> > >
> > > "Date: July 11, 2014 07:24AM
> > >
> > > The fly in the ointment is that the complex's
> > > management team allowing her to stay likely
> > means
> > > the Virginia Residential Landlord Tenant Act
> > > (VRLTA) applies to the situation and she
> > therefore
> > > has statutory rights she otherwise would not
> > have
> > > had.
> > >
> > > She has LL approval (you said she did) and
> you
> > and
> > > her agreed she would pay some bills (which
> you
> > > said she did), and she moved in (which she
> did)
> > > what you have is a tenant--and you are the
> > > landlord. The sum of the situation appears to
> > be
> > > you will have to evict her in accordance with
> > > Virginia law (generally, 30 days’ notice of
> > > termination of agreement (in writing) for a
> > month
> > > to month agreement (the default absent a
> > written
> > > document)). If she refuses to leave, you will
> > have
> > > to take her to General District Court (GDC)
> and
> > > sue on grounds of unlawful detainer. That
> > process
> > > could take from 4 to 8 weeks, maybe more
> > depending
> > > on circumstances. Lawyers not required, you
> can
> > > likely handle the matter yourself using FFX
> > county
> > > forms (available on the court’s website)."
> > >
> > > A 'visitor' does not pay rent. This person
> has
> > > become a tenant, who has to be evicted. Good
> to
> > > see you've calmed down, however.
> >
> >
> > Yes, answered incorrectly.
> >
> > No legal paper = no tenant.
> >
> > 100 "lawyers" can post and it still is as
> simple
> > as having the police remove the unwanted person
> > from the property.
>
> Per the Fairfax County website, It's not that
> simple...
>
> You have to go through the court before you can
> evict someone (see links below).
>
> Information
> http://www.fairfaxcounty.gov/consumer/tenant/tenan
> t-landlord-brochure.pdf
>
> Eviction Procedures
> http://www.fairfaxcounty.gov/sheriff/eviction.htm


When will you learn that the person is not a tenant and stop pretending she is?

You have been proven wrong a dozen times, stop trying to cite legal shit that does not apply.

The person is NOT a tenant and NO LAWYER would waste their time trying to prove the person was, because it is not true.

Drop the word "tenant" and you will have to face reality, but we all know you can not, because then you would have no more cute legal references left to puke out.

This is probably long resolved, but here is some thoughts on this:

1) Get a $40 a month account on RocketLawyer.com and use it to ask real attorneys questions on this. I used the service for a troublesome tenant, and the attorneys there got me all the answers I needed. It's a great alternative to spending hundreds on lawyers, and from taking advice from message boards. The key distinction is to determine if your guest is a tenant or a guest.

2) You could move out of the two bedroom apartment yourself and move somewhere else. If this troublesome person stays, then probably it would be a matter for the actual owner of the property to deal with, namely the apartment company. Her occupancy there seems to be based on your lease not hers, and if you lawfully terminate yours, then she would be either a trespasser or unlawful detainer.

3) Creatively, you could ask your landlord (the apartment company) to force her out. See Virginia Code 55-248.31:01 . https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+55-248.31C01

If the apartment company only gave this person approval for staying one month, its possible your are in breach of your lease agreement. That would give the apartment company the right to ask her to leave.

I think your first step is RocketLawyer.com. Find out if this person is a guest or a tenant definitively. And if she is a tenant, who she is a tenant of (your or the apartment company) You're not going to get that answer here.

Not that simple Wrote:
-------------------------------------------------------
> It's not that simple...
>
> You have to go through the court before you can
> evict someone (see links below).
>
> Information
> http://www.fairfaxcounty.gov/consumer/tenant/tenan
> t-landlord-brochure.pdf
>
> Eviction Procedures
> http://www.fairfaxcounty.gov/sheriff/eviction.htm


You have to go to court if your the landlord and they have a legal right to be there. not if they are not on the lease

Squatter Woes Wrote:
-------------------------------------------------------
> This person has a few belongings at my place, some
> clothing and her dog, and was staying with us in
> our 2 bedroom apt. for 3 weeks until we all moved
> into a 3 bedroom. We are no longer moving into
> that 3 bedroom, yet this person hasn't left. She
> has paid us $320 but has been there since August.
> She owes us money for the 3 bedroom nonrefundable
> deposit, for utilities and rent. She never comes
> home, so she doesnt take care of dog (I am about
> to call Animal Control) - I just want her to get
> her stuff and leave! What can I do legally? She is
> NOT on the lease. The apt. complex agreed to let
> her stay with us one month, while we waited for
> that 3 bedroom to open - but now she backed out of
> that and we are stuck taking care of her dog and
> paying her share!
>
> I'm feed up and need some advice!


Troll thread.

I think any of us that had multiple room/house mates ran into a few bad ones along the way - she is a bad one. It sucks there is a dog involved that makes it harder. Id say talk to her. Set a date when you will put her things out on the curb and call animal control on the dog. More than likely she has not obtained the proper license and immunization on the dog anyway.

On D-day you and your other roommate take her things out on the curb and call animal control. I have no idea who the landlord thought she was but Im betting she misrepresented herself as on the lease. You have to consider if she will seek legal relief. She certainly could make a claim as a subtenant but I doubt she could make a claim beyond month-to-month that would stick. I suspect you are in breach of your own lease for subleasing but that really is not to the point here.

pGtTj Wrote:
-------------------------------------------------------
> Well if they're not on the lease, then evict them.
> I had an issue like this one time for a room I was
> renting. I posted an eviction notice on their door
> to their bedroom (tacked it on) and gave them 30
> days. At the end of that 30 days, and they were
> still there, I took all their stuff put it up on
> the front porch and changed the locks. When they
> came home, they came me a rash of their shit,
> called the cops, and the cops enforced the
> eviction.

to do that you have to be the legal owner

you have to own the place OUTRIGHT with no leans or crimes or loans: completely legitimate ownership

i doubt one fucking person in fx co actually owns anything except by "government allowed signatures"

which is not substance in court

paper signatures are just that

it's who spent the money - and with what legitimacy, the the scales are weighing - by standards of weights and measurements and with tare as well

@7XFYm - In Fairfax County, what pGtTj did would probably be considered an illegal eviction, outright ownership or not. Whether the police would restore access to the tenant on the spot or not is a different matter. Because money is being collected for rent would indicate the person in question is indeed a tenant.

Rather, it would be fairly easy for the tenant to go to civil court, sue the landlord for the illegal eviction, and either get access back to the rental property or get a monetary judgement to cover ANY expenses incurred due to the lost housing. And any damaged/lost property. And if the landlord had a lease themselves that prohibits subleasing, that's a whole different world of pain.

This is of course if the person being illegally evicted cares enough to go through the civil legal process.

Actually, in pGtTj's case, there is a twist. The "Virginia Residential Landlord and Tenant Act" excludes certain types of lease arrangements. It's very possible the rental situation pGtTj described wouldn't fall under the VRLTA, and would rather fall into Virgina Common Law, Chapter 13 - Landlord and Tenant. In this case, what he did would probably be OK.

Steal their clothing, one article a a time, and throw away. Spit in their food. Take a shit in their bathroom and don't flush the toilet. If it's a woman, and you're a man, then walk around naked. Hang up homosexual sex photos all over the house (homosexual sex is gross). Fart a lot. Belch a lot. Buy food, and let it get rancid: milk, meat, etc. And, worst of all, play music by Justin Bieber, or some rap-hip-hop garbage all day long, loud.

If her name is not on a lease...though things can get tricky if her name is on a utility bill with the address of the place, pack up her shit and put it on the curb.

Just put her crap on the street.