Ex girlfriend wont leave and she is not on lease

[stannan]

What is the name of your state (only U.S. law)? Virginia

Hello and thank for any help anyone can provide.
Here is the situation: My brother-in-law's gf moved in with him about 6 months ago. He owns the house outright. They have broken up and he has told her she has to leave. She never signed a lease and she pays no bills and there is nothing relating to the house that is in her name such as utilities. He only told her only verbally that she had to be out in 30 days which will be the end of this month. She has now said she isn't going yet and will not be returning the keys until she decides when she is leaving but it may be as soon as the 15th of Feb. He wants her out at the end of the month. Is he stuck?Does he need to give her written notice even though she never signed anything? He thought a verbal notice was enough.

 

[Antigone*]

What is the name of your state (only U.S. law)? Virginia

Hello and thank for any help anyone can provide.
Here is the situation: My brother-in-law's gf moved in with him about 6 months ago. He owns the house outright. They have broken up and he has told her she has to leave. She never signed a lease and she pays no bills and there is nothing relating to the house that is in her name such as utilities. He only told her only verbally that she had to be out in 30 days which will be the end of this month. She has now said she isn't going yet and will not be returning the keys until she decides when she is leaving but it may be as soon as the 15th of Feb. He wants her out at the end of the month. Is he stuck?Does he need to give her written notice even though she never signed anything? He thought a verbal notice was enough.

He needs to have her legally evicted. She does not have to leave upon a verbal request.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Virginia

Hello and thank for any help anyone can provide.
Here is the situation: My brother-in-law's gf moved in with him about 6 months ago. He owns the house outright. They have broken up and he has told her she has to leave. She never signed a lease and she pays no bills and there is nothing relating to the house that is in her name such as utilities. He only told her only verbally that she had to be out in 30 days which will be the end of this month. She has now said she isn't going yet and will not be returning the keys until she decides when she is leaving but it may be as soon as the 15th of Feb. He wants her out at the end of the month. Is he stuck?Does he need to give her written notice even though she never signed anything? He thought a verbal notice was enough.

Your BIL is screwed. Verbal notice is RARELY sufficient, as it can be difficult to prove. ("If it ain't in writing, it never happened.") In order for this unwanted occupant to leave, he will need to give her WRITTEN notice to terminate her tenancy, per VA LL/T law.

Even after the 30 days' WRITTEN notice, if she chooses not to leave, your BIL cannot force her out (such as by changing locks, removing her property, or otherwise blocking her access to the premises). He must follow the law and use the legal eviction procedures by filing for eviction through the courts. Only upon receiving and execution of an order/writ of possession through the court can she be forcibly removed from the premises.

 

[stannan]

Thanks. That is what we figured he would have to do. Hopefully she will actually leave by Feb 15th but I personally wont be holding my breath. We warned him about letting her move in so fast but he was 'love struck' and didn't listen. Thanks again for the help.