Eviction Of A Trespasser "visitor", Now Claiming Tenancy
I rent a home in Falls Church, VA to individuals on month-to-month basis. A tenant allowed his visitor/guest to stay unauthorized in the home while he traveled to his homeland. The "visitor" received a piece of mail postal date of 5/3/11 and claims tenancy. No money or compensation has been asked or received by myself from this "visitor" I evicted my tenant and he left peacefully, but the police had to be called because the "visitor" would not let the tenant in the bedroom to retrieve his furniture and belongings. It appears that I must evict this "visitor" now too, since he refuses to leave. I cannot find any documentation to "evict" someone who was never an authorized tenant and paid no monies. I tried to use code to barr guests but because he received mail at the rental address he can claim tenancy. Any documentation and procedure to remove a trespasser turned unauthorized tenant in Fairfax County, Va. would be greatly appreciated. Thank you!
You need to evict every adult living in the house. Even if they are guests. But yeah. Pay them to leave if you really want to. Unless you want them staying in your unit for another 4 weeks while you go through the full eviction process.
Sounds like your attorney slipped up if your tenant was the only named person to the eviction. There should have been a "John Doe" and "Jane Doe" tenant also listed to cover any other occupants whose name(s) were not known at the time..
NK,
is this something you would "call" your attorney on, aqnd get free representation in evicting john/jane doe?
If it is a standard practice in your area to include a John Doe tenant on evictions, and, if you told your attorney that there were other occupants in addition to the named tenant on the lease, then by all means call your attorney on it.
Im confused? I thought you only had to evict the person on the lease. even if they are married. I dont understand how or why you are dealing with an occupant. Why wouldnt he be just trespassing while you get the place ready to rent again.
I guess VA is different...here in Louisiana, the place is empty following an eviction.
Quote:
On 2011-06-10 20:50, joel wrote:
You need to evict every adult living in the house. Even if they are guests. But yeah. Pay them to leave if you really want to. Unless you want them staying in your unit for another 4 weeks while you go through the full eviction process.
I am complete agree with this and no doubt it will be much better for you getting updated with this.