by bean » Tue Apr 05, 2011 12:57 am
No, he's not trespassing until the court says he's trespassing. The police can only "preserve the peace" in a civil matter such as this, and the person must be lawfully evicted by a court order, after the proper notice of eviction is served (usually in writing). Even an "oral" contract is binding on the parties to the extent they have any proof of the agreement and they have each acted as if there were an agreement.
Virginia landlord/tenant laws specifically recognizes "oral or written" agreements.
Many landlords and tenants cooperate under oral agreements, especially after the written agreement has expired. The laws expect this and (in general) will presume an agreement is in place if the landlord treats the person as a tenant and not a trespasser for even one day, if there is a payment or expectation of payment of rent.
A landlord who takes matters into his own hands is begging to be sued for damages, including court costs and lawyer fees, and the cost of finding another place to stay. A tenant who fails to move after proper notice, without paying rent, could be liable for the landlord's court costs and lawyers' fees, and for other actual damages caused by the tenant's unjustified holdover.