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Updated about 4 years ago,

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Jonas Miller
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Self-Help Eviction -- Virginia

Jonas Miller
Posted

Hi. I live in Virginia and have rented out a room in my house for the past three years to earn some extra money. My current housemate moved in on December 1, and has turned out to be a terror -- only a few days after moving in, he threatened to beat me up while rushing over to me and standing within an inch of me while shouting at me that he's going to hurt me. It was terrifying because he's younger and larger than me, so I called the police and they told me how to take out an Emergency Protective Order against him. I also bought a keyed lock for my bedroom door to keep my dog away from him. I was granted the Protective Order, but he violated it and was arrested, but unfortunately I wasn't granted an extension, so he came back to the house after it expired.

Since he's been back he's become a completely different person, threatening to sue me for any reason and even telling me that the eviction letter I sent him is harassment. I've even received a charge of harassment filed by him, so I need for this guy to be out sooner rather than later. His lease is for three months, but I'm hoping I get granted the eviction, though I doubt that's going to happen because it's my word against his. All I have as evidence are vitriolic emails of him telling me I'm a terrible person for doing things like kissing my dog, and that I'm sexually harassing him by bending over while I'm doing yard work -- really vicious, hateful, insane things he's emailed me. My only hope is that a judge can see from the emails that this is a dangerous guy and believe me when I say that he threatened to harm me.

My question though has to do with Virginia's Landlord Tenant Act. I simply want to lock the guy out, and there's a section in it that makes me think that I can. It lists exceptions to the Landlord Tenant Act, the following being one:

'10. Occupancy in single-family residences where the owner(s) are natural persons or their estates, who own in their own name, no more than ten single-family residences subject to a rental agreement; or in the case of condominium units or single-family residences located in any city or in any county having either the urban county executive form or county manager plan of government, no more than four.'

If I'm not mistaken, this includes me, because I'm a 'natural person' and not an incorporated entity, and he's renting a room in my home.  I also work at a hotel. Hotels are also excepted from Virginia's Landlord Tenant Act *in the very same clause* if the guest stays for less than 28 days, but are subject to it if guests stay for more than 28 days. This is a policy in effect at the hotel where I work, so this is what makes me think that I can simply lock him out, because we do that at the hotel all the time if the guests haven't stayed there for more than 28 days -- we simply lock them out if there are problems or if they haven't paid their rent. My boss even told me that this was what gets us off the hook as possible 'landlords' subject to stricter laws, and why he doesn't allow guests to stay for more than 28 days.

I really need some advice about this, because everything everywhere online says that simply locking a tenant out is very illegal, but I haven't found anything about someone kicking out someone who's living in their own house, and this guy is dangerous and I've lived in fear every day since he's gotten back. Thank you so much for your response. I greatly appreciate any advice.

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