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Sorry this is so long. This is from Fairfax County, Virginia
Two people answered an ad I placed for reduced rent (see excerpt from ad) after a two week trial period.
"A two week trial with you being a guest in my home is used to see how or if this exchange will work for everyone involved. After two weeks we can either negotiate further, decide to go ahead with the exchange or dissolve the arrangement."
The reason I did this was to keep them from messing things up and I need assistance because of age and health concerns.
The chores are those that anyone at least over 15, would have to be doing wherever they lived, except for feeding the pets, which are mine. Outside, there is a fire pit and lots of walking area that is for use, so not sure if that means one should pitch in on the grass mowing or not.
Because the trial period was not successful, and their hours of operation were totally different from mine with them coming in between midnight and 5 AM and sleeping for most of the day, making mistakes, stopping up the dishwasher, the bathtub, etc., it just was not working with these people. I told them on the 12th, 13th, and 14th day that they had to leave because it was not working.
Between the 13th and 14th day, I received the following text:[indent]"its going to work and we are truly are sorry for any stress we have put on you and we will honestly do whatever we can to make sure everything is done in a timely manner and complete with accuracy .we love you to be and we will do whatever we have to To be a part of this little home and family. thanks"
I had been given texts like this from them before with no positive change. I went ahead and told them again they had to go/leave, as hard as it was for me to do that. But it did no good.
The following day, the hot water heater needed to be relit (they ran the shower water all over the floor, after not having this problem... anyway it ran down the hot water heater the day before and put the pilot out), and the hot water was off for a few hrs. during her shower time. She called the police on me. They came and questioned me about the hot water and I said it was being worked on. I explained the situation and she pulls out a chore list with the following at the top of the list (names altered):
Name 1and Name 2 "would like to take on all of the housekeeping chores abt30 min to 45 min daily added to what is done currently (pets, trash, kitty litter weekly), Handyman 4 days per week, and" (Name 2) "Projects person 4 days per week - Rent $195.00/monthly or $48.75 weekly for the both of you."
(Lowered from $825/mo.) The above was a note indicating what their goals were to get the rent severely lowered. Not what they "will" do and not what the rent "is," but their goal for what they want the rent to be. Nothing was signed, no deposit, no rent, no lease, just the above. From that the police called it a grey area and suggested I go to the Sheriff for Trespassing.
I inadvertently went to the Magistrate the next day and was told they were "Gratuitous Guests," and the police needs to take them out of there. I spoke with the police and he said he could not because it was a grey area because of what he saw, even though I explained this to the Magistrate. Next day I went to the Sheriff to find out they only delivered notices unless given a court order and suggested I evict them because even abandoned buildings have to evict people who go in there and start to live.
The police said I could not lock them out, so I would sit up until they got home and let them in. It varied and I would let them in at 12 AM, 3:00 AM and 5:00 and times between. I have refused to hand over the house keys to them. Before I got to the door, the bottom of it was smashed and the side glass to the door was smashed, yet the door beside that one, was unlocked. (old house has 2 front doors. Unlocked one was just before the door leading to where they are staying.) I called police, took pictures and nothing happened. I told them I did not feel they were tenants, but trespassers.
What on earth can I do? These people are not tenants. There is no agreement, no lease, no deposit, no rent, but two of them and two of their cats. Their belongings are clothes and food, but they have been using my food and my utensils, etc. as one might expect a guest to do, which is what they were until they refused to leave.
The police say if a tenant, they are allowed guests. Now they are bringing in strangers to me and according to her facebook, may be charging these people to sleep on a make shift sofa they have made from two single mattresses. Any suggestions on immediate removal?
"A two week trial with you being a guest in my home is used to see how or if this exchange will work for everyone involved. After two weeks we can either negotiate further, decide to go ahead with the exchange or dissolve the arrangement."
I don't know but that is almost word for word the agreement I drafted for 2 week trial marriage.
haha, yes... but I think my point might be that they were invited in as guests and the possibility of becoming a tenant was only discussed, not agreed upon and there was no lease drawn or money exchange. Thanks for your perspective.
Call
Legal Services of Northern Virginia 540-9141,
or
Legal Aid Justice Center 778-3450
Tell them what you told the magistrate and that they are not tenants under the VRLTA (Virginia Residential Landlord Tenant Act) and you need assistance in understanding if you can legally change the locks, pack any stuff they have in the place, leave it for them to pick up without worrying about them calling the police on you. Explain that the police said they don’t want to get involved. Ask if you can get a trespassing summonses issued on them. If worst comes to worst, go back to the magistrate and ask them again for help saying the police said they don't care what the magistrate says.
The problem is you are treating them as tenants and despite your agreement, they may be able to claim certain tenant rights. You need to get legal advice NOW.
Ok, unfortunately you have created a lease. It’s not clear what all is on paper, signed or not, but the police are seeing it that way, that they are in fact legal tenants. The magistrate may be on your side but unless he would put an Order in writing the police won’t do anything.
You will have to figure out what procedure you must follow to get rid of them. You may be able to evict them, but it may be that you have to give them other notice(s) before you can evict. This will be the most important thing - proper and timely notices. I don’t know what they are in VA.
I think you will need legal help figuring this out, and I’m sure the above legal services / legal aid as suggested is the place to start.
Clearly you don’t have money to waste, but one idea is to offer them some money to sign a paper terminating any right they have to be there and for them leaving. I’d have police presence as they are signing and leaving.
I thought there was a law about how long someone must be there before they are considered a resident versus just a guest. I thought it had to be a certain number of days to be a resident (30 days, who knows?) and if they were there fewer days then they can be thrown out without going through notice to leave, or eviction.
Each state probably has diff laws on min number of days before they are considered a resident. OP- an attorney might be best for you to get them out. asap. It might still be lower than number of days for them to be considered a resident. And then the attorney will assist in best way to get them out.
There was an exchange of :
money or services
for
tenancy,
therefore a lease.
Even if not in writing. Even if promised but not delivered.
Just another reason everyone should have professional help regarding everything real estate.
These people have done this at least at one other place in Fairfax. Court records show Unauthorized Detainer at an apartment building nearby the circle. I guess what bothers me is that I have to give a pay or quit notice, have it delivered by a Sheriff, get a court date and ask for eviction. The man has a felony on his record and has many, many BB guns, had told others he has guns -- Personally, I don't know the difference in the look. I did tell the police this ... guess it was no biggie as no one was even questioned.
The truth is they were guests that would not leave. These people have no lease and have paid no monies. The grey area that the police spoke of, is not grey, it is a wish list if anything.
If I go to the eviction process, I am saying they are tenants. There is something very wrong with this.
Monday, I will call the numbers supplied... thanks very much for that info.
I did call an attorney and paid $50, but he really could not tell me much except for the process involved in eviction. He did not have the paperwork in front of him and our session of less than 30 min. ended. Not having really good luck here so far, but not giving up either.
Oh, about changing the locks. They do not have keys. They were trying to force me to give them keys, I have refused.
I was opening the door each night or one was left unlocked as I stayed awake until they got in. I would open the door if they knocked or rang the door bell or just walked in and then lock it back once they got in.
I am in an older home and it actually has two front doors. Anyway the one closest to the entry to room where they are staying, is the one that was unlocked.
I found this: CODE OF VIRGINIA
55-248.4 Definitions
Tenant shall not include (i) an authorized occupant, (ii) a guest or invitee, or (iii) any person who guarantees or cosigns the payment
As the ad says, they were invited in as a guest for two weeks. They then refused to leave when I asked them to a day prior to the end of the second week and on the last day of the second week and the day following the second week. Is that NOT trespassing? Now, how do I get the police to first understand this? Thinking, thinking, thinking.....
Last edited by BitofVA; 06-21-2014 at 07:18 PM..
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