How to Evict a Tenant in Virginia
Step 1 – Send the Tenant the Eviction Notice
For a nominal fee, you can have the sheriff of any county or city deliver an eviction notice to a tenant on your behalf (Va. Code § 55.1-1247). You may also mail the eviction notice with the return receipt requested. A copy of the returned receipt provides proof that a tenant received the eviction notice.
Step 2 – Wait for the Tenant’s Response
If a contract breach can be remedied, the tenant will either respond by correcting the issue or by vacating the property. If a tenant doesn’t respond to your eviction notice, you will need to petition the court to intervene on your behalf.
Timeline
The tenant may have five, 21, or 30 days to respond, depending on the eviction reason.
Step 3 – File a Statement of Facts in the General District Court
You must file a statement of facts in the relevant General District Court to request the removal of the tenant from the property. Information in the statement of facts should include the tenant’s identity, a description of the rental property, and the reason for eviction.
Please expect to pay relevant fees when filing the associated unlawful detainer lawsuit.
Step 4 – Serve the Summons to the Tenant
A law enforcement officer or any adult over 18 who is not a party in the case may deliver the summons for unlawful detainer to the tenant.
Timeline
They must deliver it at least ten days before the hearing.
Step 5 – Attend the Hearing
Prepare to submit evidence for your request for possession to the court, including a copy of the lease agreement and documentation of past-due rent or other damages. Tenants in Virginia can present their own defense against eviction proceedings and seek damages for wrongful eviction.
Timeline
The eviction hearing must occur no later than 21-30 days after you file the summons and complaint with the court (Va. Code § 8.01-126).
Step 6 – Secure a Writ of Eviction
If the tenant doesn’t respond to the summons for unlawful detainer and doesn’t appear in court, the judge may automatically declare the case in the landlord’s favor by issuing a Writ of Eviction. If the landlord doesn’t request a Writ of Eviction within 180 days, they must restart the eviction process (Va. Code § 8.01-471).
If the tenant responds but the judge still declares you victorious in the case, they will issue a Writ of Eviction.
Step 7 – Take Possession of the Property
The sheriff will execute the Writ of Eviction within the number of days the court sets. You can take possession once the sheriff removes the tenant from the property.
Eviction Reasons
The Federal Fair Housing Act safeguards tenants from housing discrimination, including evictions. It is illegal to evict a renter based on their race, ethnicity, national origin, gender identity, religious practices, familial status, sexual orientation, or disability.
Furthermore, a landlord in Virginia may only evict a tenant for the following reasons (Va. Code § 55.1-1315):
- Nonpayment of rent
- Violations of the lease by the tenant, members of the household, or guests
- Violations of federal, state, or local laws that result in detriment to the welfare, safety, and health of other tenants in the manufactured home park
- Violations of any rule or provisions of the lease that materially affect the welfare, safety, and health of the tenant or others
- Two or more violations of any lease provision or rule occurring within six months
Depending on the reason for the eviction, a landlord may call it an at-fault or no-fault eviction.
At-Fault Evictions
At-fault evictions occur when a tenant breaches their lease agreement, whether failing to pay rent or violating another term.
1. Notice for Nonpayment of Rent
Rental laws require the tenant to pay rent in 12 equal installments on the first of the month unless the rental agreement states otherwise. Rent is late when the landlord doesn’t receive the payment by the fifth day of the month. Late payments are subject to a fee (Va. Code § 55.1-1204(C)(4)).
You may send a five-day notice to quit when a tenant fails to pay rent within the specified period. This document tells the tenant they have five days to pay rent and any late fees or vacate the rental property (Va. Code § 55.1-1245(F)). It should list the following information:
- A reference to the original lease agreement
- The amount of rent that is past due
- The rental period
- Any associated late fees
Overview
- Use this notice if you’re allowing the tenant to catch up on payments.
- It instructs the tenant to pay rent or vacate the property within five days.
2. Notice for Noncompliance (Remediable)
When a tenant is out of compliance with a rental agreement, you can provide the option to remedy the breach by sending a 21-day notice to quit. This document warns the tenant that you will begin eviction proceedings under state law if they don’t comply within 21 days of receipt of the notice (Va. Code § 55.1-1245(A)).
A 21-day notice should include information specifying how the tenant is out of compliance. It should clarify that the lease will end within 30 days of receipt of the notice unless the tenant remedies the issue.
Overview
- Use this notice when a tenant has the option to remedy the breach of contract.
- It instructs the tenant to correct the violation in the next 21 days.
- An example violation includes having an unauthorized pet in the rental unit.
- It informs the tenant that the lease will end in 30 days if the violation is not remedied.
3. Notice to Quit for Noncompliance and Immediate Termination Notice for Criminal Activity
In cases where a tenant cannot remedy the violation because of its severity or when the tenant doesn’t comply in the required timeframe, a landlord can deliver a 30-day notice to quit. This document communicates to the tenant that the landlord will terminate their lease in 30 days.
When a tenant is out of compliance due to criminal activity that threatens the health or safety of other tenants, the landlord may terminate the rental agreement immediately and petition the court for possession of the property.
A hearing on the landlord’s request for immediate possession should be held within 15 calendar days from the date of notice to the tenant or sooner if emergency conditions exist (Va. Code § 55.1-1245(C)).
Overview
- Use this notice for noncompliance with a lease agreement that the tenant can’t remedy.
- It instructs the tenant to vacate the property within 30 days.
- You may also issue it when a tenant commits two or more violations of any provision of the rental agreement within a six-month period.
- If there is criminal activity that poses a threat to health or safety, the lease can be terminated immediately.
No-Fault Evictions
No-fault evictions occur when the landlord wants to terminate the rental agreement due to no fault of the tenant. There’s one main type of no-fault eviction in Virginia:
1. 30-Day Lease Termination Notice
Unless the rental agreement states otherwise, the standard lease length in Virginia is 12 months. Leases are not subject to automatic renewal except on a month-to-month basis (Va. Code § 55.1-1204(C)(2)).
Landlords wishing to terminate a lease agreement at the end of the rental period can send a 30-day lease termination notice. This document instructs a tenant they will need to vacate the property and remove all personal items at the end of their rental period.
Overview:
- Use this notice when you want to discontinue tenancy at the end of an existing lease.
- Use it when you want to discontinue a month-to-month tenancy.
- It instructs the tenant to vacate the property in 30 days.
- Send it one month prior to the end of the current lease term.
Eviction Timeline
| Reason | Curable | Lease Type | Duration | Notice Period |
|---|---|---|---|---|
| End of Lease | No | Fixed term | Less than one year | 30 days |
| End of Lease | No | Monthly | Month-to-month | 30 days |
| Overdue Rent | Yes | Fixed term or monthly | Less than one year, one violation | 5 days |
| Overdue Rent | No | Fixed term or monthly | Month-to-month, more than one violation | 30 days |
| Lease Violation | Yes | Fixed term or monthly | Less than one year, one violation | 21 days |
| Lease Violation | No | Fixed term or monthly | Month-to-month, more than one violation | 30 days |
| Illegal Activity | No | Any | Any | Immediate |
Tenant Rights in Virginia
Renters in Virginia enjoy certain rights under the law, including the right to request a copy of the written lease agreement, receive payment receipts, protect themselves from unlawful entry by property owners, and live in fit and habitable housing. They also have the right to receive an explanation regarding a lack of return of their security deposit.
Provision of Written Lease Agreement
Electronic rental agreements are permissible in Virginia if the sender retains proof of delivery. However, tenants have the right to request paper documentation (Va. Code § 55.1-1202).
A written lease agreement should have the following information:
- The rental amount
- The fees assessed for late payment
- The terms of the lease agreement
- Requirements for notifying the landlord of intent to vacate or terminate the rental agreement
Landlords cannot file an eviction action in court until they have provided the tenant with a declaration of tenant rights and responsibilities (Va. Code § 55.1-1204(H)).
Receipt of Payment
A tenant who submits a written request to their landlord for an itemized list of debits and credits is entitled to receive the information. Property owners must also provide tenants with written receipts for rent payments made by cash or money order (Va. Code § 55.1-1204(J)).
Unlawful Entry
Tenants who assert that their landlord unlawfully entered their rental unit or otherwise harassed them during eviction proceedings can petition the court for legal relief to prevent future occurrences, seek to terminate the lease agreement, and recover damages and attorney fees (Va. Code § 55.1-1210).
Fit and Habitable Conditions
Landlords are responsible for maintaining safe and healthful conditions in their rental units. Properties must meet all local housing and health codes, and the owner should ensure that systems and appliances provided as part of the rental are in good working order (Va. Code § 55.1-1220).
Return or Itemization of Security Deposit
Virginia allows the security deposit to be used by a landlord for the following purposes:
- Application to past-due rent and accrued late fees
- Payment for damage to property, not including normal wear and tear
- Other damages or charges expressly outlined in the rental agreement
- Damages caused due to breach of rental agreement
Money withheld from the security deposit must be itemized by the landlord and provided to the tenant within 45 days of the end of the tenant’s lease. Beginning June 30, 2024, you must notify a tenant in writing of deductions to their security deposit during their tenancy within 30 days. The exception to this rule is if the lease expiration is less than 30 days away.
Suppose a tenant ends their lease early without providing proper notice. In that case, the tenant is responsible for any damages caused to the landlord, and the landlord may keep the security deposit (Va. Code § 55.1-1226).
Retaliatory Conduct
State law prohibits landlords from attempting to evict tenants who assert their rights to bring complaints regarding a rental property before local housing authorities. Tenants may file a countersuit for retaliatory eviction and recover damages and attorney fees (Va. Code § 55.1-1258).
Public Housing Rights
Evictions served on tenants living in public housing must include the name, address, phone number, and website of the statewide legal aid program in the jurisdiction in which they reside. This information should appear on the first page of the eviction notice (Va. Code § 55.1-1202).
Resources
- Virginia Department of Housing and Community Development: Provides landlord and tenant resources.
- VALegalAid: Provides information for navigating landlord and tenant issues.
- Attorney General of Virginia: Lists resources for handling landlord-tenant relationships.