Evicting a Tenant in Virginia: What You Need to Know

As a Virginia landlord, there are various reasons why you may want to evict tenant from your property. The most important thing to consider in this case is the law in Virginia that controls tenant evictions so you can adhere to the same.

  • Wednesday, November 16, 2016

  General   Legal   Virginia   Eviction Guide   

As a Virginia landlord, there are various reasons why you may want to evict tenant from your property. The most important thing to consider in this case is the law in Virginia that controls tenant evictions so you can adhere to the same. Otherwise, it will be difficult to get the tenant off your property. Here is the procedure to follow in this process.

Issue a Notice to the Tenant(s)

The main reasons for eviction of any tenant are the failure to comply with the obligations of a lease or failure to pay rent. In such a case, the landlord serves tenant with a "Pay or Quit" notice which gives tenant a minimum of five days to pay the pending amount. If they pay, they can remain in the house, but if they fail, eviction is inevitable after the notice. On the other hand, a landlord can issue a "Notice to Quit" to any tenant who fails to comply with the obligations of a lease. In this case, a tenant has twenty-one days to comply after which they can remain in the property.

Summons for Unlawful Detainer

Failure to honor the notice by paying any overdue amounts by the tenant leads the landlord to file for summons for unlawful detainer. It is the second step in the eviction process, which the tenant should not disregard. They will need to appear before a court of law to answer the case against them after receiving the "first return date."

Trial

At this third stage, the court determines whether the landlord has a right to launch a case against the tenant. If the case is in their favor, the tenant has ten days to appeal the ruling. They also pay an appeal bond at the point of filing and meet all relevant costs as well.

Writ of Possession for Unlawful Detainer

The Request for Writ of Possession for Unlawful Detainer Proceedings sets in when the landlord wins the case. That marks the start of actual eviction. The Sheriff's office receives the request from the court for execution, but the landlord can still accept rent "with reservation." That happens if there is a proper notice of the same to the tenant and ability to evict the tenant remains intact.

Eviction

The "Full Eviction" and "24-Hour Lock Change" removal are the two options in this case. If the tenant remains on the property after the 24 hours in the second choice, they are trespassing.

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Keep reading us at VerticalRent as we explore all U.S. eviction laws.

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