[VA] [VA] I am a disabled senior citizen and need to sell my home, but my son moved into it and won’t leave. What do I do?
I am a disabled senior citizen and need to sell my home, but my son moved into it and won’t leave.
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Since your son was living in the home with your permission, it’s more complex than a simple eviction. In Virginia, he’s likely considered a tenant. You’ve already drafted a 5-day Notice to Quit—that’s a good first step. Here’s what to do next:
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Notice: The 5-day notice gives him the chance to pay or leave (Virginia Code § 55.1-1245(F)).
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Eviction Filing: If he doesn’t comply, you’ll need to file for eviction in court.
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Court Hearing: A judge will decide whether to grant the eviction.
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Enforcement: If approved, law enforcement can help remove him.
If you can’t afford a lawyer, look for legal aid organizations in your area, such as Virginia Legal Aid or Legal Aid Justice Center. These organizations often offer free help with eviction matters.
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I am a disabled senior citizen and need to sell my home, but my son moved into it and won’t leave.
Lexi, Chatbot
I'm sorry to hear about your situation. Have you tried talking to your son about the need to sell the home?
Yes. He hasn’t been paying the bills for it, and now I’m in a bind.
Lexi, Chatbot
Are you looking for legal advice on how to handle this situation with your son?
Yes, someone said I need to send a 5-day notice to quit.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
I just drafted the 5-day notice to quit. Will it cost me to chat with the lawyer? I don’t have any money for that.
Richard
Hello. My name is Richard, and I’ve been a licensed attorney for over 25 years. I hope to be of assistance. What state are you in?
Virginia.
Richard
I understand you’re worried about the cost of legal advice. AskaLawyer does charge a fee for connecting with experts, but I’ll do my best to guide you. Now, did your son move in with your permission or without your consent?
With my permission. He was supposed to pay the bills—water, electric, internet, and taxes—but he hasn’t been paying. There were disconnect notices. He hasn’t paid the water bill since December and the electric bill for the past two months.
Richard
Since your son was living in the home with your permission, it’s more complex than a simple eviction. In Virginia, he’s likely considered a tenant. You’ve already drafted a 5-day Notice to Quit—that’s a good first step. Here’s what to do next:
-
Notice: The 5-day notice gives him the chance to pay or leave (Virginia Code § 55.1-1245(F)).
-
Eviction Filing: If he doesn’t comply, you’ll need to file for eviction in court.
-
Court Hearing: A judge will decide whether to grant the eviction.
-
Enforcement: If approved, law enforcement can help remove him.
If you can’t afford a lawyer, look for legal aid organizations in your area, such as Virginia Legal Aid or Legal Aid Justice Center. These organizations often offer free help with eviction matters.
I appreciate your help. Thank you kindly.
Richard
If you have follow-up questions, feel free to ask. Thanks again for using AskaLawyer.
Richard
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