[VA] Can I evict someone with no lease after only one week of occupancy?

VA Landlord-Tenant

I’m trying to figure out the best way to get a tenant out of my apartment. I brought him from Philadelphia to Virginia. We only have a text message saying I could save him money if he came to live here.

January 16, 2026

N Cal Atty

7,831 satisfied customers

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Thank you. To evict someone in Virginia who has overstayed, you must treat them as a tenant even without a written lease (Va. Code § 55.1-1200). You need to provide a 30-day written notice to vacate (unless there is a dangerous situation). If they refuse to leave, you must file an Unlawful Detainer action in General District Court. The police cannot remove them without a court order.

I know this may not be what you hoped to hear, but this is the correct legal process. If you’d like help finding a local attorney, tell me which town you’re in. Do you need anything else?

Virginia 21/30 Day Notice to Quit Form

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Lexi, Chatbot

I understand this is stressful. How long has the tenant been living in your apartment?

7 days.

Lexi, Chatbot

Have you provided any formal notice to the tenant yet?

Not yet.

Lexi, Chatbot

Is there anything else the landlord-tenant lawyer should know before I connect you?

We never had a formal lease. Just a text saying he wouldn’t pay more than $700–$750 a month.

N Cal Atty

Hello and welcome to AskaLawyer. My name is N Cal Atty. I’ve been an attorney since 1983. I’m sorry you’re dealing with this. Has this person ever paid you any rent?

No, they haven’t. I had to call the police, and they lied and said they paid me cash, but there’s no proof.

N Cal Atty

I know this may not be what you hoped to hear, but this is the correct legal process. If you’d like help finding a local attorney, tell me which town you’re in. Do you need anything else?

No, you’ve been helpful.

N Cal Atty

Thank you for using our service.

N Cal Atty

7,831 satisfied customers

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