Summary
To remove a non-paying roommate from a lease in Virginia, you need their consent and the landlords approval. If consent is not given, you may need to pursue a legal eviction, which only a landlord or their authorized agent can initiate. If the property manager refuses to act, consult a legal advisor, contact the landlord directly, or file a complaint with Virginias Department of Professional and Occupational Regulation.Full Conversation
Need to remove a roommate from a lease, they moved out, aren't paying rent, and are still on the lease
Hello ****, I understand your situation. To provide you with the appropriate laws and steps, could you please tell me where you are located?
Virginia
Hello ****,
In Virginia, to remove a roommate from a lease, you generally need to:
- Obtain the roommate's agreement to leave the lease.
- Get your landlord’s consent.
- Possibly modify the lease or sign a new one.
If you can't get their consent, you may need to seek legal advice.
They aren't willing to provide consent
In that case, you may need to pursue a legal eviction. Here are the steps in Virginia:
*. Provide written notice of the violation.
*. If not remedied, file an Unlawful Detainer action.
*. Attend a court hearing.
You should consult with a lawyer for specific advice.
Can I do this as the other lease holder, or does it need to be done by the property manager?
In Virginia, only a landlord or their authorized agent (property manager) can initiate the eviction process. As a leaseholder, you cannot evict another leaseholder. It's best to communicate with your property manager about this issue.
What if the property manager refuses to do anything?
If the property manager refuses to act, you have the right to:
- Consult with a legal advisor for further options.
- Contact the landlord directly if possible.
- File a complaint with Virginia's Department of Professional and Occupational Regulation.
Remember, these are general steps and may not apply to all situations.
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