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Am I required to give a 30 day notice to ask someone to move out?

Chester, VA |

This is a person on probation who has been living with me for 4 months. I offered a written notice of 30 days. She refused to sign but did move out the same day. Can she sue me? What do I need to protect myself from litigation?

Attorney Answers 1


Nothing can prevent litigation. You can make sure in the future, you don't enter into oral agreements. For now, best thing you can do now is put your agreement in writing (that she agreed to move out). Get her to sign it.

Next best thing, summarize your agreement with her that she move out in a letter you send to her certified mail, RRR.

Finally, don't sweat it--its unlikely she will "sue" you--the vast majority of individuals in such a situation don't.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I do five my 100% effort to get you on the right track with your issue. Sometimes that means legal educational information, sometimes that means counseling and non-legal guidance. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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