I have been trying to break up with my girlfriend and make her move out of my house but she will not go. She is not on the mortgage or any of the utilities. She does not pay me any rent nor is she on any of the utility bills. She does work or do anything to contribute to the household. The only thing she has connecting her to the house is her clothes and personal items and her some of her mail. I am not contemplating selling the house but there is no way I can think about it with her in the house because she keeps it destroyed while I am at work. We do not have any type of lease so I cannot say she has broken the lease so I can evict her. How can I force her to leave? She gets violent when I try to talk to her about leaving and she has been known to talk about calling the police and threaten to tell them I hurt her. I am afraid to push the issue with her because I am afraid they would believe a small woman over me and it would cause problems that could effect my job. She knows this and uses it as a way to stay. I feel stuck. If I write her a letter saying she has to move and change her address and she doesn't within a certain time, what can I do to force her out?
You have no power to evict, only a court has that power.
You treat her as a tenant, observing th VA laws regarding written notice and termination of agreement. If she refuses to leave in the 30 days, you take her to court for Unlawful Detainer.
NOT LEGAL ADVICE, NO ATTORNEY-CLIENT PRIVILEGE CREATED. FOR INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY ON THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. 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 or any other matter.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline