Generally speaking, a Virginia residential landlord will want to resolve any outstanding issues with the tenant personally. However, that may not always work. A tenant eviction may be the last resort. As a landlord, it's important to handle evictions in Virginia properly to avoid an unfortunate squatting situation.
Virginia, just like other states, spells out the procedure a landlord must follow when looking to evict tenants. It’s paramount that you understand the Virginia eviction process and follow the right steps according to the Virginia landlord-tenant law. Failing to do so when filing an eviction lawsuit could result in legal complications under the landlord-tenant act.
In today’s article, we’re going to take you from A to Z of Virginia eviction laws.
Virginia Eviction Timeline
1. Serving the Notice of Eviction
To start the eviction process, a Virginia residential landlord must serve the tenant with a written notice of eviction. The written notice is relative to the lease breaches committed. If the resident fails to comply, the landlord can proceed to obtain a writ of possession from a judge to regain control of the rental property.
Nonpayment of Rent
For unpaid rent, a landlord must serve the tenant with a 5-Day Notice to Pay. Typically, rents fall due on the 1st of every month and become late on the 5th.
So, if a Virginia landlord wants to file an eviction lawsuit against their tenant in court, they must serve the tenant written notice if a tenant fails to pay rent and the due date has passed.
If the tenant still does not pay or move out, the landlord can proceed with the lawsuit in general district court, and if the court rules in their favor, they can obtain a judgment for possession to authorize the removal of the tenant from the rental unit. If the tenant later chooses to pay the overdue rent, they may be able to regain possession of the rental unit, depending on the court's decision.
The 5-Day Notice to Pay gives the tenant two options: to pay rent that is due or move out within five days of the current date. If the tenant pays, great! The landlord then stops further process. However, if they choose not to pay or move out, the landlord can proceed with the eviction process in Virginia by filing a lawsuit in general district court. If the case goes to court, the judge will review the situation, and the person who wins the case may be granted possession of the rental unit.
If the court sets a court date and rules in favor of the landlord, the tenant may also be responsible for court costs in addition to unpaid rent. The judge will issue a ruling on the court date, and the sheriff’s office will then carry out the scheduled eviction, in accordance with Virginia law. The person who wins the case will be granted possession of the rental unit.
Lease Violation
Another common reason for tenant eviction from the rental unit is a lease agreement breach. The written notice to serve depends on whether the rental agreement violation is curable or not.
If the lease or rental agreement breach is curable, a landlord must serve the tenant with a 30-Day Notice to Comply. This gives the tenant 21 days to comply, or else they face eviction. If the tenant fails to remedy the breach within the given timeframe, the landlord can initiate unlawful detainer proceedings to regain possession of the rental unit, and if the court rules in favor of the landlord, they may receive a judgment for possession.
Examples of curable lease agreement violations include negligent rental property damage, having a pet when it’s against the rules, and having too many people residing on the rental property. If a tenant corrects the lease agreement breach, as the landlord, you must stop further actionof the Virginia eviction process.
For non-curable violations, the landlord must serve the tenant with a 30-Day Notice to Quit. This doesn’t give the tenant any other option than to pack up and leave the rental unit within thirty days of the date it is served.
Again, if they choose to stay, the landlord can move to court and file for their forcible removal by the sheriff's office.
Holdover Tenants
A holdover tenant is one that continues to stay in the rental unit after the date that their lease has expired. More often than not, this written notice, which includes a specified notice period, applies to tenants who are at the end of their written lease agreement date and the landlord wants them to move out of the rental unit.
If the tenant refuses to leave after recieving a notice for eviction, the landlord can proceed with unlawful detainer proceedings, and if the court rules in their favor, they may receive a judgment for possession.
The notice period to give them depends on the tenancy type. If week-to-week, as the landlord, you must serve them a 7-Day Notice to Quit. If month-to-month, then you must serve them a 30-Day Notice to Quit, requiring them to vacate the premises by the specified date with all of the personal property remaining.
Of course, if the tenant remains adamant, the landlord can move to court to have them evicted by the sheriff's office.
Illegal Activity
If a tenant has committed a criminal activity or an illegal drug activity, you must file a complaint in court immediately. Unlike the previous violations like lease, a landlord doesn’t have to serve their tenant with a prior notice.
2. Filing & Serving a Complaint
This is the next step in the eviction process and where the legal process continues. If a tenant fails to cure a violation or move out by the date they were given, a landlord can file an eviction lawsuit and complaint in a relevant court, usually a circuit or a district court. If the court rules in favor of the landlord, they can obtain a writ of eviction to authorize the sheriff’s office to remove the tenant from the rental unit and regain possession of the premises.
The tenant will then be served with a summons and complaint at least 10 days before the court date.
3. Court Hearing & Judgment
Once the summons for unlawful detainer actions and complaint are filed with the court, the eviction hearing must be held within 21 to 30 days.
During the hearing, the court will allow both parties to present their case. So, make sure to carry as much evidence as possible, including the lease agreement and the eviction notices served.
Sometimes a tenant may choose to fight the eviction and the judge may rule in the tenants or landlords favor. The tenant may allege that:
The eviction was not procedural.
If the landlord fail to serve the right eviction notice, for instance, a tenant may use that as a defense. That’s why landlords must follow the proper eviction procedure when evicting a tenant.
You tried to evict them by yourself.
Regardless of the violation, a landlord cannot evict a tenant themselves by changing locks, removing a tenant's personal property, or any other method. It’s only the sheriff's office through a court order that is mandated by law to do so. (Va. Code Ann. § 55.1-1243 (2020).).
The eviction was discriminatory.
The Fair Housing Act protects a tenant against discrimination by landlords based on the 7 protected characteristics. The characteristics are color, race, religion, sex, disability, national origin, and familial status.
The property is uninhabitable.
As a landlord, it’s your responsibility to ensure your property meets all applicable health and safety codes. If you fail in this regard, a Virginia tenant has several options, including the option to withhold further payments.
So, if a tenant withholds rent due to your failure to maintain the property, the eviction will fail.
The tenant fixed the violation.
If a tenant fixes a violation, for instance, pays rent, a landlord must stop further eviction proceedings henceforth. (Va. Code Ann. § 55.1-1245(B) (2020)).
The tenant is a victim of domestic violence.
Domestic violence victims in Virginia enjoy special protections. That being said, a tenant must meet all the requirements first to become eligible. (Va. Code Ann. § 55.1-1245(D) (2020).)
The evictions are an act of retaliation.
Retaliating against a tenant is illegal. A landlord must not, for example, retaliate against their tenant for joining or forming a tenant’s union. (Va. Code Ann. § 55.1-1258 (2020).)
4. Writ of Possesion
The writ of eviction is the final notice and judge rule requesting a tenant to leave on their own. Once granted, the tenant will have 72 hours from the current date to move out. If they don’t, the sheriff's office will have no other option left other than to forcefully evict them.
Bottom Line
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