Verbal rental dispute

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crcuda65

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This should be simple and a matter of a domestication but it is escalating and my brother needs some advice..He is not computer oriented to I am his "inquirer".
He had a G'friend, they made verbal agreements regarding her moving in as to monies and bills..that is not an issue. 3 weeks ago, in a drunken rage, threw at him some pictures and broke them scratching up furniture, attemted to take his vehicle (while drunk) and he ended up blocking her from that and then called the law..the law said he could press charges for destruction of property but he didnt, she admitted to the officer she was previously driving drunk that day and officer told her to get a friend to come and get her out of there, she hasnt been back but claims he has to give her 90 days to get her possesions.
Also, several weeks prior, he told her to keep her dogs from ruining the front room floor...(he has pics of thirty days worth of fecal and urine "neglect") he also had to feed her dogs because she had gotten to the point where she wasn't even feeding them.
The G'friend was a drinker before they decided to move in together but the alchohol was to a point where it was every day, in excess.
My brother has never been a drug user and only a social drinker... she is a drug user, pot being a regular and crack when she can get it..she always swears to him the crack is no longer what she does but she has become a skeleton in the last 12 months, he found the pot paraphenalia but none of the crack paraphenalia
He just wants her gone..the drugs and alchohol being the main reason..he has even offered to haul her things himself to wherever she wants.
She has no money besides a weekly paycheck (as a cook) and he is a factory worker who owns his own home.
Does he have to serve her with written eviction?..When she agreed not to do the drugs and did..Isnt that a breach calling for immediate eviction (not to mention the vandalism and destruction of property)?
thanx in advance for any and all help-
 
yes but it could only be temporary for some reason..and he took it out the day after the altercation because she whispered to him (while the law's backs were turned) "your'e DEAD"..but like I said..it was only for 72 hrs-he could get no more than that..I dont understand that either
 
In the absence of a written lease, a tenant (such as your brothers girlfriend) is considered to be on a "month to month" tenancy. As in many states, this type of tenancy can be terminated by either party with a 30 day notice (not 90 days as this girlfriend seems to think she has).

I've attached the guidelines for evicting someone in Virginia who is on this type of tenancy:

http://law.justia.com/virginia/codes/toc5500000/55-248.37.html

If he follows these guidelines (i.e., a written notice to her) he should have no issue should she claim he "illegally evicted" her but he needs to follow through with the idea that he wants her physically out of his life (if he had pressed charges for destruction of property the previous time, he very likely could have gotten a longer restraining order against her).

Gail
 
thanx Gail..you have been so kind..She has chosen not to pursue any legality complications and has (so far) chose to move on. He let her know she is not allowed back and w/ some apprehension, she has accepted the facts. He still has her packed stuff on his porch and she has no where to put these things, that is all the issue there is now..God Bless all
 
Glad it worked out. So often in these type of cases folks want to sue the socks off the other person, simply as a type of punishment.

Gail
 
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