Can I evict my not-on-lease crazy mother from my apartment? (eviction, house)

[V3H]

Hi all -

I am SO hoping someone can give me some info here or a real-life anecdote on this subject!

My situation basically is that my 78-year mother lives in my apartment, doesn't pay rent, isn't on the lease and is impossible to get along with. She is textbook borderline personality (always mad at something, full of tirades and temper tantrums) and I can't deal with it under my roof anymore. She has been like this her entire life and has lost every relationship she ever had due to her behavior; my brother and I are the last people who "talk" to her.

Although she is always going off on what a terrible person I am, she really does not want to get her own place (very classic "I Hate You, Don't Leave Me" stuff.) She cannot accept that she should live 15 mins away instead of 20 feet away and any talk of her moving to senior housing causes a major meltdown. I feel absolutely terrible about the idea of having to evict her but I feel like there is no other solution - I feel like she is *forcing* me to do this.

Anyway, I have read over VA eviction laws and it looks to be a fairly easy process, especially if the person isn't on the lease and doesn't pay rent. I am just wondering if I am missing something since she is elderly? (I really have no intention of throwing her out on the street and have researched and contacted all sorts of senior housing in the area; I'm also open to putting up the money for move-in fees, etc.)

BTW, I have called Adult Protective Services (and mental health services) so that area is covered (and also wasn't helpful but that's another story!)

Anyone have any advice or know-how? Thank you so much.

[Bigfoot424]

Your best bet is to go see the magistrate for your area. They deal with this on a daily basis. Your advice here will be quite the mixture so go see the person you need to start the process.

[757Cities Southsider]

From what I remember, if someone claims to have stayed in your house for 30 days (I think) then you cant just put them out. I think you must start a formal eviction process. You can always go downtown though.

[V3H]

Thanks BF - I'll have to keep trying them - I always get the message "all magistrates are busy" and then the phone hangs up.

[V3H]

Originally Posted by 757Cities Southsider

From what I remember, if someone claims to have stayed in your house for 30 days (I think) then you cant just put them out. I think you must start a formal eviction process. You can always go downtown though.

Yes, I have to give 30 days notice and make sure she gets the notice. Then it's time for court after 30 days if she hasn't left. I'm really hoping it won't lead to that but it looks like I have to prepare for it...

[757Cities Southsider]

You have to physically go downtown...or to the court complex wherever youre at.

[V3H]

Originally Posted by 757Cities Southsider

You have to physically go downtown...or to the court complex wherever youre at.

Yes, we would have to go downtown after the 30 days has passed to get a Summons for Unlawful Detainer, then we would get assigned a court date...on and on. I've got the process down I think - - - but want to look out for possible hidden snags