Monday, March 4, 2013

‘Tenant’ has ‘landlord’ kicked out of her own house

Teresa Martin the Squatter
The story behind this curious situation is a cautionary tale of personal friendship and kindheartedness that took a hard turn into bitter animosity, a claimed assault and a court-issued protective order. It hinges on the surprising difference between a "guest" and a "tenant" under Virginia law.

See The Whole Story by Dan Casey of the Roanoke Times Here:

Then Go Here And Decide What Should Have Happened:

Teresa is a friend that overstayed her welcome. Not a tenant. And in no way can she make herself a tenant.

Virginia Law

55-248.31:01. Barring guest or invitee of tenants. A. A guest or
invitee of a tenant may be barred from the premises by the landlord
upon written notice served personally upon the guest or invitee of the
tenant for conduct on the landlord's property where the premises are
located which violates the terms and conditions of the rental
agreement, a local ordinance, or a state or federal law. A copy of the
notice must be served upon the tenant in accordance with this chapter.
The notice shall describe the conduct of the guest or invitee which is
the basis for the landlord's action.
B. In addition to the remedies against the tenant authorized by this
chapter, a landlord may apply to the magistrate for a warrant for
trespass, provided the guest or invitee has been served in accordance
with subsection A.
C. The tenant may file a tenant's assertion, in accordance with
55-248.27, requesting that the general district court review the
landlord's action to bar the guest or invitee.

And here is some more:
 § 18.2-119. Trespass after having been forbidden to do so; penalties.

If any person without authority of law goes upon or remains upon the
lands, buildings or premises of another, or any portion or area
thereof, after having been forbidden to do so, either orally or in
writing, by the owner, lessee, custodian, or the agent of any such
person, or other person lawfully in charge thereof, or after having
been forbidden to do so by a sign or signs posted by or at the
direction of such persons or the agent of any such person or by the
holder of any easement or other right-of-way authorized by the
instrument creating such interest to post such signs on such lands,
structures, premises or portion or area thereof at a place or places
where it or they may be reasonably seen, or if any person, whether he
is the owner, tenant or otherwise entitled to the use of such land,
building or premises, goes upon, or remains upon such land, building
or premises after having been prohibited from doing so by a court of
competent jurisdiction by an order issued pursuant to §§ 16.1-253,
16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8,
16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or §
19.2-152.10 or an ex parte order issued pursuant to § 20-103, and
after having been served with such order, he shall be guilty of a
Class 1 misdemeanor. This section shall not be construed to affect in
any way the provisions of §§ 18.2-132 through 18.2-136.


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