Am I considered a landlord if I rent out rooms in the house that I own and live in?
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Am I considered a landlord if I rent out rooms in the house that I own and live in?
I rent out 2 of the rooms in the house that I am buying. I live there as well. Both roommates are under month-to-month leases. I gave them both written 30 day notices to quit on the first of the month. One of the roommates has not paid rent. Also, she is currently hospitalized for attempting suicide. Can I get her out of the house prior to the end of the 30 day notice if she does not pay rent? Do regular eviction laws apply? This is the 4th month in a row she has been late on rent without any prior notice given to me that she would be late. This violates the terms of the lease.
Asked on February 5, 2011 under Real Estate Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Yes, you are a landlord in this case - you are an owner or real estate that receive payment in exchange for providing an occupant non-temporary living accomodations. In order to remove this person, your tenant, you will have to file an unlawful detainer action (i.e. eviction). However, before you do this, you must first give legally required notice. In VA for a month-to-month tenancy, you must serve a written notice your tenant at least 30 days prior to the next rent due date. Since you have already done so, at the end of the 30 days you can then file an unlawful detainer. This is mandated by law - you cannot shortcircuit the process. If you attempt any self-help remedy, such as changing the locks, you could be held liable for both civil as well as criminal offenses.
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