Skip to main content

In Virginia how do I evict someone after the owner is deceased and the tenant never had a lease?

Hartfield, VA |
Filed under: Landlord-tenant

Owner of property died, my father women staying there is not related just someone he let move in because they had no where to live, she's been there 1 1/2 years and never paid a dime and never had a lease. I have been made executor of the estate and am taking over the mortgage and will be living in the house but she refuses to leave. She has said she was going to be out by the 1st but now won't leave.

Attorney Answers 1


She has a lease--its an 'at will' lease. Give her 30 days written notice of termination. If she fails to leave, you will have to take her to general district court on an unlawful detainer action (eviction). You can do this yourself, no lawyers required. HOWEVER, if you do it wrong, the judge may throw out the UD and make you start all over. Speak to your county clerk at the GDC.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

Mark as helpful

1 lawyer agrees

Landlord-tenant topics

Recommended articles about Landlord-tenant

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics