A Virginia eviction notice is vital for landlords aiming to start tenant eviction proceedings due to lease violations. This notice conforms to Virginia state law, outlining the breach and granting the tenant the legally stipulated period to remedy the situation or vacate the property.
Eviction Laws & Requirements
- Eviction Lawsuit: Unlawful entry and detainer (§ 8.01-124 – 8.01-130).
- Grace Period for Rent Payment: 5 days unless otherwise stated in the lease agreement. (§ 55.1-1204(C)(4)).
- Late or Non-Rent Payment Notice: 5 days (§ 55.1-1245(F)).
- Notice of Non-Compliance: 30 days (§ 55.1-1245(A)).
- Lease Termination (Month-to-Month): 30 days (§ 55.1-1253(A)).
How to Evict a Tenant in Virginia?
In Virginia, eviction lawsuits are governed by Title 8.01, Chapter 3, Article 13 of the Code of Virginia.
Step 1: Deliver the Eviction Notice
To start the eviction process, a Virginia landlord must give the tenant the appropriate notice, depending on the reason.
Step 2: Wait for the Tenant to Act
If the tenant fixes (“cures”) the problem (if given the option) or moves out within the required timeframe, then no further action is necessary.
Step 3: File the Initial Court Documents
If the tenant refutes the eviction notice or fails to cure the breach(es), the landlord may file a lawsuit with the General District Court – Civil Division. To do so, the landlord must file an Unlawful Detainer action. Once the court receives the document, it will set a hearing date within 30 days.
Step 5: Tenant Shows up at the Hearing
Once the hearing date has been scheduled, the tenant or their legal representative must attend.
Step 6: File a Writ of Possession
If the tenant doesn’t show up or the court rules in favor of the landlord, the landlord can then file a Writ of Possession and get help from the local sheriff to remove the tenant.
Step 7: Evict the Tenant
If the court grants the Writ of Possession, the sheriff will help the landlord remove the tenant from the premises.
Related Court Forms
- Summon for Unlawful Detainer (Form DC-421): This form outlines why the landlord is filing a lawsuit against the tenant and provides information about how the tenant must respond once sued. The landlord must file the form at the General District Court in the county where the property is located.
- Request for Writ of Possession (Form DC-469): If the landlord wins an eviction lawsuit, the landlord can file this document to request a court to evict the tenant from the premises forcibly. The court will issue the writ to the sheriff’s office, and a sheriff will then remove the tenant from the landlord’s property. The tenant will have seventy-two (72) hours to leave on their own before being forced out by the sheriff.