Eviction Process in Virginia

Make Sure Your Notice is Sufficient. 

If you want your tenant to leave your rental property, pay overdue rent, or remedy a breach in the lease, then you must first send the proper notice. If the notice is missing a provision, the judge may not grant you possession or the monetary judgment you are seeking. If your tenant breaches their lease or rental agreement, our office can help you determine which notice applies in your case and draft the notices for you, including, but not limited to, Five-Day Pay or Quit notices and 21-Day Notices to Cure or Quit. 

What is Acceptance of Rent with Reservation and Right of Redemption? 

If a tenant owes you rent, and you accept partial payment of that rent, you may be prevented from moving forward with gaining possession of the property and evicting the tenant for nonpayment of rent unless you provide written notice of your right to accept rent with reservation. This notice must be written using specific language outlined in the Code of Virginia. On the other hand, if the unlawful detainer or eviction is based only on nonpayment of rent, and the tenant pays the rent owed and any other amounts provided in the unlawful detainer (late fees, attorney fees, costs, etc.) at least 48 hours prior to the time of the eviction, then the eviction cannot take place. 

What is an Unlawful Detainer? 

If the tenant will not pay rent, fix the breach, or leave the property after you have sent the proper notice and the grace period has expired, then the next step is a court proceeding. The first step in evicting someone through a court proceeding is for you or your representative to file a Summons for Unlawful Detainer with the court. The court will then schedule a court date where you can present evidence to the Judge and argue your case about why you should be entitled to possession of the property. Our office can help you with these court proceedings, from filing the Summons for Unlawful Detainer and any necessary pleadings to arguing your case and presenting evidence in court. 

What is a Writ of Eviction? 

If the Judge rules in your favor at the unlawful detainer hearing, you will ordinarily be granted possession and granted a judgment for the money that the tenant owes you. After a ten-day waiting period, if the tenant still has not left the property, then you, your representative or attorney can file a Writ of Eviction with the court. When a Writ of Eviction is filed, the Sheriff’s Office is notified, and they will schedule a date for the eviction. The eviction date will be at least 72 hours from the date the notice of the eviction is given, and on the date of the eviction, the deputy will be present at the eviction to supervise and keep the peace.