Got a notice to vacate

D

dictum

New Member
Jurisdiction
Virginia
I have been staying in my mother's house for the last 2 years, occasionally helping out with various bills (electric, etc.) but no consistent payments or any lease or any written document. It has been a family house and I stayed there as a family member. I worked out of town on a job site about 3 days per week and stayed in her residence for about 4 days per week, constantly coming and going.

My son has also lived here for the last 2 years although in the last year he has been full time in a boarding school, very rarely coming here. (summer and Christmas vacation).

Now I got this eviction letter, handed to a neighbor to me by hand, not sent via mail but in an envelope with no postage. I think they put it in his mailbox intentionally so he hand-delivers it to me.

RE: NOTICE TO VACATE
Dear Mr. Dictum

You are hereby notified that you have until Saturday, September 3, 2022 at 12:00 Noon, to vacate our home at *** **** ****, Virginia. Please take all of you (sic) belongings with you when you leave.

After September 3rd, 2022, your presence in our home at xxxx xxx xxx, will be trespassing. Should you fail to vacate by September 3rd, 2022, we will take all appropriate legal action to remove you from our home.

__________xxxxxx xxxxxxxx_________________

_________ xxxxxxx xxxxxxxxx ________________

Both my mother and her husband are on the house deed, they are equal co-owners as far as I understand and I will get no inheritance whatsoever as a footnote.

I am planning to leave but it was my understanding they need a court order or at least a 30-day notice. I am actively looking for a place to move, packing but it may be hard to meet the 1 week deadline I got.
 
dictum said:
I am planning to leave but it was my understanding they need a court order or at least a 30-day notice.
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Unfortunately, you don't fall under the VA landlord tenant statute which defines tenant as

a person entitled only under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others and includes a roomer. "Tenant" does not include (i) an authorized occupant, (ii) a guest or invitee,

§ 55.1-1200. Definitions (virginia.gov)

You are not a tenant. The 30 day notice requirement doesn't apply.

However, if you aren't gone by the deadline, they are probably going to have to go to court to get you out as I can't imagine any police officer dragging you out bodily as a trespasser.

Considering the harshness of the notice, didn't you see this coming? Seems to me that there was something festering over time that made them take this route.
 
I have seen this coming and have taken steps to prepare for this but still. I will have to do my best to pack up and leave within 7 days. They will probably change the locks on al the doors so I could not physically get in after the 3rd.

I am finalizing arrangements to get a new place, the rental market in Northern Virginia is very competitive. Meaning I am doing my best to move ASAP.
 
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dictum said:
They will probably change the locks on al the doors so I could not physically get in after the 3rd.
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That sounds like things have really gotten bad between you and them.

If you can't get moved by the deadline, I suggest you rent a storage room, hire somebody with a truck and get all your stuff moved over to storage. Then be prepared to live in a motel until you can move to your next place. The last thing you need is to be locked out with all your stuff inside.
 

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