Remove sublet (brother) in VA... help!

I signed a month to month lease last November and agreed to have my brother and his dog move in with me. His dog has been destructive to the house and my furniture, and my brother and his attitude have become intolerable. Just last weekend I explained to my brother that his dog urinated on my brand new couch and received the response 'well that's a shame.' My brother is up at all hours of the night screaming at his video games and keeping me awake, etc. I haven't had any problems with him paying his rent on time, and he has paid me rent through the end of August. A few months ago he decided that he wanted to move back home, provided me verbal notice and began packing. It turns out that our mother will not allow him to come back home, which has caused his attitude to become even worse. I told my brother a couple weeks ago that his dog needed to go... that I don't know what he was planning to do but that his dog was destroying the house, and since I'm the only person on the lease, I'm the one ultimately responsible for the damages. Since then, things have gotten even worse. Now I want him out... but how can I legally go about doing that? I checked with the Magistrates office and the General District Court and was told that I only needed to provide him a 30 day written notice. I'm prepared to do that, but I know that won't make him leave and I'm afraid of what he'll do to the property and my belongings in the meantime. Also, he does not have any mental disabilities at all, however he does have CP which only affects the muscles in his legs... he walks with loft strand crutches. I know that shouldn't be an issue, but I guess I just don't want to assume the role of the horrible person forcing him out. If I provide him a written notice, is there anything in specific it should say?

Any help/guidance would be appreciated!!

He can complain all he wants, but a disability has no standing on a vacate notice. His month to month agreement (not lease) only guarantees him a place for that month. VA does require a 30 day written notice to ask him to move out. Deliver it before the end of the month and require that he be moved out and return all keys to you by August 31st. This will give him plenty of notice. Keep a copy of the notice in a safe place (at work or in your car?). Take photos of the place now before he can intentionally cause damages. That woud prove he did the damages and you could deduct any of those from his deposit or sue him for them in small claims court.

You are not a horrible person for making him leave. There was a reason mom wanted him out and wouldn't let him come back. You have now found out why. He is irresponsible and doesn't take reasonable care to prevent damages. He takes no responsibility for his pet. He is inconsiderate in making noise late at night. You can see why she didn't want him back. You need to get him out.

If that video game system is yours, lock it up in your car trunk. You can tell him it quit working and is at the repair place, or just say he is too inconsiderate with it. You don't have to provide it for him to use. Same with the TV or internet. If you didn't put it in the agreement that he has these, feel free to cut him off from them. That will make him want to move out quickly. Require he keep the dog in his room so it can't pee on the furniture or the house. Don't make it comfortable for him there by providing these comforts when he doesn't deserve them.

If he fails to move out by the end of August, accept no more rent from him. September 1st, go to the courthouse and file to evict him.

Thanks so much for your quick response! Unfortunately, the gaming system belongs to him, and the internet is actually the only 'utility' in the house that he has in his name, so I won't be able to remove them. I'll have to endure that for the next month, but if it means that he'll be gone afterwards, I'm happy to do that. It's unfortunate that it has come down to this, but I see no alternatives other than to have him leave. I did not ask him to put down a deposit (my own mistake), so I'll be forced to cover the damages myself. I would obviously prefer to keep things out of court if possible. I think I just needed reassurance that a disability would not be looked upon as favorable or an advantage in eyes of the courts. I intend to provide him with the written notice by the end of this week.

Thanks again!

Unless you are discriminating against someone because of their disability, that disability has no bearing on the termination of a m2m tenant. This is because he is a pain, not because he has a disability. It will not affect this case. You need no reason to terminate a m2m tenant in the state of VA.