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  1. #1

    Default Step-Father Filed a 5-Day Eviction Against Step-Son

    My question is regarding eviction in the state of Virginia:

    My 19 year old daughter currently lives in a townhouse with her 21 year old boyfriend that is being rented by the boyfriend's parents. Although there was never any contract requiring either of them to pay rent and they are furiously trying to find jobs to voluntarily contribute to household expenses, the step-father has gotten fed up with them and went to the Prince William County Magistrate's office yesterday and filed a "5 day notice" for them to vacate the premises; however he filed this paperwork claiming that he is the landlord and he is not. He and his wife are tenants there and as far as I know they are not permitted to sublet the property. Is this 5-day notice legal even though he lied on the application stating that he was the landlord? If so, how long do these 2 young people have before they can legally be thrown out on the street.

  2. #2

    Default Re: Step-Father Filed a 5-Day Eviction Against Step-Son

    Also, the local magistrate is not available today until 8pm. Should I take both of the kids to the magistrate to find out if this is legal or not? If it is confirmed to be allowable, how much time will they actually have before they have to leave the townhouse? I'd appreciate any information you can give me.

  3. #3
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    Default Re: Step-Father Filed a 5-Day Eviction Against Step-Son

    If there was no agreement to pay rent, express or implied, then the proper notice would be a thirty day notice. If there was an agreement to pay rent, and what you characterize as "voluntarily contribut[ing] to household expenses" may in fact be rent, then non-payment of rent can support a five day notice.

    The question of whether dad's lease prohibits subletting is between him and his landlord. If your daughter's boyfriend doesn't believe his step-father can lawfully evict him, he can certainly raise that defense if and when an eviction lawsuit is filed.

    Here's an overview of how eviction works in Virginia.

  4. #4
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    Default Re: Step-Father Filed a 5-Day Eviction Against Step-Son

    Quote Quoting alicia6266
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    My question is regarding eviction in the state of Virginia:

    My 19 year old daughter currently lives in a townhouse with her 21 year old boyfriend that is being rented by the boyfriend's parents. Although there was never any contract requiring either of them to pay rent and they are furiously trying to find jobs to voluntarily contribute to household expenses, the step-father has gotten fed up with them and went to the Prince William County Magistrate's office yesterday and filed a "5 day notice" for them to vacate the premises; however he filed this paperwork claiming that he is the landlord and he is not. He and his wife are tenants there and as far as I know they are not permitted to sublet the property. Is this 5-day notice legal even though he lied on the application stating that he was the landlord? If so, how long do these 2 young people have before they can legally be thrown out on the street.
    The problem can be easily resolved by having them move in with you, then they won't be out on the street.

  5. #5

    Default Re: Step-Father Filed a 5-Day Eviction Against Step-Son

    I have 4 other teenage children living at home. I have room for my daughter to move back home but not her boyfriend, and she will not go anywhere without him.

  6. #6
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    Default Re: Step-Father Filed a 5-Day Eviction Against Step-Son

    Quote Quoting alicia6266
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    I have 4 other teenage children living at home. I have room for my daughter to move back home but not her boyfriend, and she will not go anywhere without him.
    Then allow her and her BF to live their lives as adults and figure this out for themselves.

  7. #7

    Default Re: Step-Father Filed a 5-Day Eviction Against Step-Son

    What confuses me is how this man can file this with the magistrate stating that he is the landlord when he clearly is not? Isn't that a lie? The step-son has lived in the home for 12 years and there was never any agreement to pay rent. In fact this couple is over $10,000 behind on their rent but the actual landlord is a personal friend of theirs, so he's giving them time to catch up.

  8. #8

    Default Re: Step-Father Filed a 5-Day Eviction Against Step-Son

    Easier said than done. I've been making her do that for the last year and a half but now she finds herself in this situation with nowhere to go. At any rate, this jerk is forbidding them to have food or cook any food in the kitchen, locks them outside at will, and last night shut the hot water off while his step-son was in the shower. Last time I looked it was illegal for a landlord to deprive someone of essential services while they are attempting to pack up and leave. She's going to sue him for wrongful eviction and damages and I'm going to be right there to back her up...if he wants to play hardball, it's game on.

    In addition, she's taking photos of all the damages and deplorable conditions his parents have created in this house with all the rages that stem from their alcohol and drug abuse and sending it to THEIR landlord. They're 10,000.00 behind in their rent right now, so I'm pretty sure the property owner will toss them out in a New York minute. I'm all for tough love and making kids find their own way out of trouble, but I'm not willing to stand by and not take some action when there's such a glaring injustice going on either.

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