If a renter is refusing to sign a lease but has set up residency do I have to give him 30 day notice to evict him?

UPDATED: Jan 6, 2012

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If a renter is refusing to sign a lease but has set up residency do I have to give him 30 day notice to evict him?

An agreement was made that he would rent a room so he won’t be living in his van. In return he would sign a lease and do some electrical work in the home. He hasn’t signed a lease or done any work in the home.

Asked on January 6, 2012 under Real Estate Law, Virginia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the person that you have an oral agreement to lease a room to refuses to reduce the oral agreement to a written understanding memorializing the full understanding of the agreement and has actually moved into the room, you have the following options:

1. speak with this person as to the need to have the agreement reduced to writing for the benefit of you both;

2. if he refuses to sign the written agreement serve him with a 3 day notice to perform of quit.

3. if he fails to abide by the terms of the 3 day notice to perform or quit, serve him with an unlawful detainer action. For that, I suggest that you consult with a landlord tenant attorney to assist you.

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