The Eviction Process in Virginia

The eviction process is a legal procedure that allows a landlord to remove a tenant from their rental property when certain conditions are met. This process is guided by Virginia state law and requires landlords to follow specific steps to properly regain possession of their property. Landlord rights must be protected, and a reputable Virginia real estate attorney can help.

Understanding the eviction process is vital for landlords to protect their property rights, preserve their investments, and check that they comply with all applicable laws.

At John B. Chappell, Attorney at Law, we’re dedicated to helping landlords in Dinwiddie County protect their rights during the eviction process. Let’s take a deeper dive into what this entails.

Grounds for Eviction in Virginia

Before proceeding with an eviction, landlords must have valid grounds for taking action. In Virginia, there are several reasons that may justify eviction, including non-payment of rent, breach of lease terms, and illegal activities on the premises.

• Non-payment of rent: One of the most common reasons for eviction is the failure of a tenant to pay rent. Under Virginia law, a landlord has the right to initiate the eviction process if the tenant is more than five days late with their rent payment.

• Violation of lease terms: Tenants are bound by the terms of their lease agreements, and any violations can lead to eviction. Common violations include keeping unauthorized pets, damaging the property, or disturbing neighbors.

• Illegal activities: If a tenant engages in illegal activities on the rental property, such as drug use or criminal behavior, landlords can proceed with eviction without providing a notice to cure.

• End of lease: In some cases, a landlord may seek eviction at the end of a lease term if the tenant refuses to vacate the property. A written notice of termination of the lease is usually required.

Understanding these grounds for eviction helps clarify what constitutes a legitimate reason for taking legal action. The first step of the eviction process can only move forward when these conditions are met.

The Notice to Quit

The first step in the eviction process is issuing a notice to quit. This document is a formal written notification that alerts the tenant that they must either correct the issue (in cases of lease violations) or vacate the property. The notice period varies depending on the reason for eviction.

• Five-day notice: If the tenant fails to pay rent on time, the landlord must provide a five-day notice to quit, which gives the tenant five days to either pay the overdue rent or leave the property. The notice should clearly state the amount owed and the consequences of non-payment.

• Thirty-day notice: In cases where the lease is month-to-month, or the tenant has violated other terms of the lease agreement, the landlord may issue a 30-day notice. This gives the tenant 30 days to correct the issue or vacate the premises.

• Unconditional quit notice: If a tenant engages in illegal activities or violates the lease in a severe manner, landlords may issue an unconditional quit notice, which demands the tenant vacate the property immediately. This type of notice is often used in situations where the tenant’s actions pose a serious risk to the property or other residents.

A properly issued notice to quit is a vital first step in upholding landlord rights. If the tenant doesn't comply with the terms of the notice, the landlord can proceed to the next step in the eviction process.

Filing the Unlawful Detainer Complaint

If the tenant refuses to vacate after receiving the appropriate notice to quit, the landlord may file an unlawful detainer complaint with the local General District Court. This is the formal legal request for the court to order the tenant’s removal from the property.

At this stage, the landlord will need to provide evidence of the tenant’s non-compliance, such as the unpaid rent, lease violations, or unlawful behavior. The complaint will also include details about the tenancy, including the terms of the lease agreement and the notice to quit.

The court will schedule a hearing, which is usually within 10-21 days after the filing. Landlords must be prepared to present their case clearly and provide any necessary documentation that supports their claim. This includes the lease agreement, payment records, and copies of the notice to quit.

Court Hearing and Judgment

During the court hearing, both the landlord and tenant will have the opportunity to present their case. The judge will evaluate the evidence and determine whether the eviction is justified based on the landlord’s grounds for the action.

If the judge rules in favor of the landlord, the court will issue a judgment for possession of the property. This judgment grants the landlord the right to regain possession of their property and orders the tenant to vacate within a specified period, typically 10 days.

However, if the judge finds that the landlord hasn't proven their case or that the tenant has a valid defense, the eviction may be dismissed. In this case, the landlord won't be able to proceed with eviction and may need to explore other options, such as resolving the dispute through negotiation or seeking a different form of legal action.

Writ of Possession and Removal

If the tenant still refuses to leave the property after the judgment for possession is granted, the landlord can request a writ of possession from the court. This document authorizes the local sheriff to remove the tenant from the premises and return possession of the property to the landlord.

The writ of possession is typically executed within 10-30 days after it's issued, depending on the sheriff’s availability. Once the writ is served, the tenant is legally required to vacate the property. If they don’t leave voluntarily, the sheriff will physically remove the tenant and their belongings.

At this point, the landlord regains full control of their property. However, landlords must be cautious not to engage in “self-help” eviction, such as changing locks or removing the tenant’s belongings, as this could lead to legal consequences. Only law enforcement can legally remove a tenant from the property.

Landlord Rights During the Eviction Process

Throughout the eviction process, landlords must remember that they have certain rights to protect their interests. These landlord rights include the ability to:

• Regain possession of the property: The primary reason for eviction is to reclaim the rental property, allowing the landlord to either re-rent the unit or occupy it themselves.

• Collect unpaid rent: In some cases, landlords may be able to recover unpaid rent through a separate lawsuit for breach of contract or money judgment.

• Protect property from further damage: If a tenant causes damage to the property, the landlord has the right to seek compensation for repairs. This could be done through small claims court or by using the tenant’s security deposit.

It’s crucial for landlords to remain diligent in enforcing their rights throughout the eviction process to make sure they’re able to take possession of their property as lawfully as possible.

Preventing Evictions Through Lease Agreements

While eviction may sometimes be unavoidable, it’s possible for landlords to prevent certain situations by creating a strong lease agreement that clearly outlines the rights and responsibilities of both parties. A well-crafted lease can help avoid disputes and reduce the chances of eviction.

For example, the lease should specify the exact rent payment due dates, late fees, and consequences for non-payment. It should also clearly define acceptable behavior on the property, including rules regarding pets, noise, and maintenance responsibilities. Having these terms in writing makes it easier for landlords to assert their rights if a tenant fails to comply.

Additionally, landlords should keep thorough records of all communications, payments, and lease violations. This documentation can be crucial if eviction becomes necessary, as it provides a clear trail of the tenant’s non-compliance.

Reach Out Today to Schedule a Consultation

If you’re searching in the area for legal support for landlord rights, our firm serves Dinwiddie, McKenney, Dewitt, Carson, Dabney Estates, Sutherland, Wilsons, and West Petersburg. Reach out to John B. Chappell, Attorney at Law today to get connected with a transparent and passionate attorney dedicated to protecting your landlord rights.