Key Takeaways
Evictions have strict rules: Virginia landlords must follow the eviction process, from serving written notices to obtaining a court order.
Different written notices apply to different issues: The required notice depends on whether a tenant failed to pay rent, committed a curable breach of the lease agreement, or gave the landlord another legal ground to evict.
Tenants can fight evictions: A tenant facing eviction may challenge the case if it is discriminatory, retaliatory, or not done by the book, so legal compliance is key.
The sheriff's office enforces the final step: If a tenant refuses to leave after a court judgment, the sheriff's office will serve and execute a writ of eviction.
As a landlord in Virginia, certain things are inevitable-and one of them is evictions. At KRS Charlottesville, we understand that evictions are sometimes necessary, whether due to unpaid rent, lease violations, or tenants overstaying their leases.
While eviction is typically a last resort, there are times when a landlord has no other choice but to proceed. However, the eviction process comes with strict legal requirements that must be followed to ensure compliance with Virginia’s landlord-tenant law. Below is a basic overview of Virginia's eviction process, including an unlawful detainer case.
What’s the Eviction Process in Virginia? Here is a Guide
The following is the step-by-step process a landlord must follow to evict a tenant and recover possession in Virginia:
Notice for Lease Termination with Legal Cause
To begin legal action to evict a tenant, a Virginia residential landlord must have a legitimate reason. Ownership alone does not allow a landlord to remove a renter without legal cause.
Eviction also cannot be based on a tenant's protected class, such as race, religion, or sex. A landlord cannot file an eviction lawsuit in retaliation because a tenant exercised a legal right, such as reporting an uninhabitable condition to a government agency.
A landlord may rely on these legitimate reasons for tenant eviction:
Failure to pay rent after the rent falls due.
Staying after the contractual lease period is over.
Breaching a term of the lease agreement.
When a tenant engages in illegal activity at the property.
When a landlord has a lawful reason to proceed, the landlord must notify the tenant in writing before the landlord may file an eviction lawsuit. The notice period and required language depend on the ground for eviction. The following sections summarize the required notices and when each applies.
14-Day Notice to Pay Rent or Quit. For residential nonpayment of rent, current Virginia law generally requires written notice giving the tenant 14 days to pay rent or vacate before the landlord may end the rental agreement. The tenant may pay the full rent due during that period; if the tenant does not pay, the landlord may proceed.
30-Day Notice to Quit. A landlord may use this notice to end a month-to-month tenancy unless the rental agreement requires a longer period. The notice gives the tenant 30 days to vacate the rental unit; it is not a chance to cure a lease breach.
30-Day Notice to Cure or Vacate. This notice applies to a remediable lease breach, such as failing to maintain the rental unit's cleanliness standards. The tenant has 21 days during the notice period to cure the problem. If it is not corrected, the rental agreement terminates 30 days after receipt of the notice.
30-Day Notice to Quit. For a nonremediable breach, Virginia law generally allows a landlord to terminate the rental agreement with 30 days' written notice and require the tenant to vacate without an opportunity to cure. A landlord may seek immediate possession only for certain criminal or willful acts that threaten health or safety. The landlord must follow separate legal rules for the tenant's personal property and cannot simply dispose of the tenant's belongings.
Serving a Tenant with an Eviction Notice in Virginia
Virginia law distinguishes a landlord's termination notice from service of court papers. The notice must be in writing and comply with the rental statute. After the landlord chooses to file an unlawful detainer action, the summons for unlawful detainer must be served under Virginia's civil process rules.
After the landlord files the case with the court clerk, the summons for unlawful detainer and other court papers may be served through the following methods:
Delivering the court papers by hand to the person named in the summons.
Leaving a copy of the court papers with a person in the tenant's family who is at least 16 years old if personal delivery to the tenant fails.
Posting a copy of the notice in a conspicuous area on the property, such as the front door along with mailing the notice by first class mail, with a certificate of mailing.
Tenant Eviction Defenses in Virginia
After the landlord, as plaintiff, files a summons for unlawful detainer seeking possession with the court clerk in general district court, the initial court hearing is generally set within 21 days, or within 30 days if necessary. The summons must be served at least 10 days before the court date.
At the first court hearing in the unlawful detainer proceedings, the judge will consider the plaintiff's civil claim, whether the landlord is entitled to judgment and possession, and any defenses raised by the tenant. In response to the summons for unlawful detainer, the tenant may rely on defenses such as:
The landlord discriminated against the tenant based on a protected characteristic, such as race, color, religion, or national origin.
The landlord retaliated against the tenant with the eviction lawsuit for exercising a legal right.
The landlord did not follow Virginia's eviction process or used prohibited self help methods, such as changing the locks or trying to forcibly remove the tenant without a court order.
The tenant did not violate the lease as the landlord alleges.
The tenant fixed the violation within the notice period.
Writ of Eviction
The timing of unlawful detainer proceedings for possession depends on service of the summons for unlawful detainer, the general district court's docket, and any defenses. The court process can take longer if either person requests a jury trial or files an appeal before a final court judgment.
If the tenant fails to appear at the unlawful detainer hearing in general district court, the judge may enter a default judgment for possession. If the landlord (the plaintiff) proves the case at a contested court hearing, the judge may enter a judgment for possession. A writ is not automatic; the plaintiff must file a request for a writ of eviction after the applicable appeal period.
The Eviction
Under Virginia eviction laws, the writ authorizes enforcement of the court judgment for possession. After the 10-day appeal period, the landlord, as plaintiff, may ask the clerk to issue the writ for delivery to the sheriff's office. If the landlord does not request the writ within 180 days of judgment, the landlord may need to file a new unlawful detainer action.
The sheriff's office, not the landlord, serves and executes the writ of eviction. The sheriff's office generally executes the writ within 15 days of receiving it when practical, and no later than 30 days.
After the writ is delivered or posted, the sheriff's office must provide at least 72 hours' notice of the scheduled eviction. If the tenant remains after 72 hours, the sheriff's office may execute the writ, remove the tenant, and restore possession to the landlord under the court's judgment.
Conclusion
Virginia landlords must complete each required step in the eviction process before they may evict a tenant. Skipping the court process or trying to forcibly remove a renter without a court order can delay the eviction lawsuit and add court costs or attorney's fees.
For expert property management in Charlottesville, VA, KRS Charlottesville can assist a landlord. Our process is simple: add value to rental assets and eliminate unnecessary expenses. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered legal advice or as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it and any applicable law should be researched beforehand.
