I have a friend lives in Florida, but owns a home in Henrico County. Her son and his wife have lived there rent free for several years. Rent Free. There was no lease involved and there was no monetary contribution whatsoever. All they paid were the utility bills. Her son passed away in January and she wants to sell the property and buy a home in Florida. What does she need to get the property vacated? And what is the time frame she is looking at this type of situation? Thanks for your help.
If there is no written lease agreement in place and no oral agreement could be proven, then The owner can terminate the tenancy with 30 days written notice in accordance with Virginians statutes. You're a friend the owner should contact a Virginia landlord-tenant attorney in the area where the property is and have that attorney handle matters.
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Send them a letter terminating their tenancy. If they don't or are unlikely to leave voluntarily she can file an action for possession of the property after the 30 days is up. A court date will be scheduled and the Judge enter an order of possession which will be effective 10 days after the hearing. Another possibility, which I am loathe to suggest, is to "incentivise" the wife to leave quickly if time is a consideration.
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