How to evict someone in Virginia?

Question

Hello everyone,

My mother owns a log cabin in Virginia. 
I am her youngest son. My brother used to live in the log cabin until he passed away. 
Now my older nephew has been living in it with his now wife.

However, my mother no longer wants him living there due to recent actions. 
He DOES NOT pay my mom any rent money. I am unaware if he gets mail there. I do know some of the mail goes to my mom's house she resides in at times because it used to always since growing up. He is 40+ years old.

I was curious to know, How could she go about getting him out legally?.. He has already refused a couple times. He is a pretty good size guy (intimidating). 
She is also worried that he will end up messing up/destroying the log cabin as well if she tried to put him out..

Someone please help..

? · Answer

Send him a certified letter giving him notice to leave.  Talk to the district court in the area where the cabin is.  Ask about their landlord-tenant division, how to evict him.  If he hides from official mail service, then pay the sheriff's department to serve him your notice of eviction.

Since he has refused to comply with friendly requests to leave, you need to start a proper legal attack on him and his wife.  You evict them both.

It will involve an eviction notice and a proceeding in landlord-tenant division of the court.  Do it right and it will be over quickly.

Slickterp · Answer

First they get a notice to vacate.  30 day notice, in writing, document it (often mailed and also posted on the door).  So say you give them until the end of February.

Then if they do not leave, you then evict.

David S · Answer

She must legally evict the nephew. You have no control over his reaction when he is served eviction papers, but it's the only way to legally remove them.

Maxi · Answer

Notice to leave in writing, sent by recorded delivery, if he doesn't leave by the notice period, then file in court for eviction, court will decide on eviction date and if he doesn't leave by eviction date, hire a court bailiff to physically remove him

Politically Correct · Answer

Your mother is going to need to spend some money.  She needs a local lawyer.  Go through the local Bar Association to get a good referral.  Then she is going to need to be guided by him on the best way to do this which will probably be a 30 day notice pinned to the door.  She should, by the sound of things, expect that this will need to be a court ordered eviction and should budget accordingly.

Right before notice is posted, she might want to think about asking the lawyer to hire someone to take dated photographs.  As landlord she is entitled to access with notice.  This will give her a record of the condition both inside and out that she can use if he damages the place between receiving notice and the actual eviction.  Sometimes knowing there is a record will suffice to prevent damage.  Of course if there is damage, she can claim from him but nothing from nothing is still nothing so that may be pointless.

She should do this entirely through professionals.  If he contacts her, she should simply say that he needs to contact <name of lawyer>.  That way she is not drawn into drama.

Edna · Answer

Find him someplace else to live.   Tell him he has to move there. If he still refuses, see a lawyer.

How to evict someone in Virginia?

6 Answers