Key Takeaways
Evictions have strict rules: In Virginia, landlords must follow a legal process for evictions, from serving notices to obtaining a court order.
Different notices for different violations: Whether it’s unpaid rent or a lease violation, the type of eviction notice you serve depends on the situation.
Tenants can fight evictions: A tenant may challenge an eviction if it’s discriminatory, retaliatory, or not done by the book—so legal compliance is key.
The sheriff enforces the final step: If a tenant refuses to leave after a court ruling, a sheriff or constable will serve a writ of eviction to remove them.
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 landlords have 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 the tenant eviction process.
What’s the Eviction Process in Virginia? Here is a Guide
The following is the step-by-step process you must follow when trying to evict a tenant in Virginia.
Notice for Lease Termination with Legal Cause
To begin an eviction action against a tenant, you must have a legitimate reason. In other words, you cannot evict a tenant just because you own the property and no longer want the tenant around.
Also importantly to note is that evictions must not be based on tenants’ protected classes like race, religon, or sex. Neither can a landlord use it as a retaliatory action against a tenant who has exercised a legal right. Such as, reporting you to a local government agency for uninhabitability issues.
In Virginia, legitimate reasons for tenant eviction include the following.
Failure to pay rent after it falls due.
Staying after the contractual lease period is over.
Violating a term of the lease.
Engaging in illegal activity while at the property.
With any of these reasons, you can then move on to the next step and notify the tenant of the violation. This will require you to send the tenant an eviction notice. The following are the different types of eviction notices and the situations where they are applicable.
5-Day Notice to Pay Rent or Quit. You’ll need to use this notice type when evicting a tenant for missed or late rent payments. This will give the tenant up to 5 days to either pay the due rent or move out.
30-Day Notice to Quit. This is meant to be used on tenants with no lease or a month-to-month lease. The notice allows the tenant up to 30 days to move out. There is no option to fix the violation.
30-Day Notice to Cure or Vacate. This notice type is for evictions meant for tenants who commit minor lease violations. Examples of curable violations include allowing garbage pileup and failing to maintain the unit’s cleanliness standards. The notice gives the tenant up to 21 days to correct the violation or vacate the premises.
30-Day Notice to Quit. This notice is specific to severe lease violations by tenants. Examples of incurable lease violations include willful property damage and intentional property alteration. It gives the tenant up to 30 days to leave with no option of curing the violation.
Serving a Tenant with an Eviction Notice in Virginia
Unlike some other states, Virginia isn’t specific on the method of delivery for an eviction notice. The only strict requirement you must abide by is that it must be in writing.
With that in mind, for maximum legal compliance, you’ll want to use any of the following delivery methods.
Delivering the notice by hand.
Leaving a copy with a family member 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 filing a summons and complaint with the court, the eviction hearing will usually be scheduled no later than 21-30 days.
During the hearing, however, the tenant may try to put up some defenses against their eviction. The following are legally justified reasons to fight an eviction in Virginia.
You discriminated against the tenant based on a protected characteristic, such as race, color, religion, or national origin.
You retaliated against the tenant for exercising a legal right.
The eviction process was not procedural as per the Virginia tenant eviction process.
The tenant did not violate the lease as you allege.
The tenant fixed the violation within the notice period.
Writ of Eviction
As already mentioned, tenant evictions in Virginia usually occur no later than 21-30 days after a successful filing with the court. However, the process can take even more time if either party requests a jury trial.
If the tenant fails to show up for the hearing, the court will likely issue a default judgment in your favor. The ruling may also be in your favor after the court listens to both you (plaintiff) and the defendant (tenant). Either way, the court will issue you a writ of eviction, and the tenant will have to move out.
The Eviction
A writ of eviction is the tenant’s final notice to leave their rented premises. You’ll need to request it as soon as 10 days after the date of judgment is entered in your favor. If you fail to do this within 180 days, you’ll need to restart everything all over again.
Unlike an eviction notice, a writ of eviction is served to the tenant by a sheriff or a constable. The delivery must be done within 15-30 days after receiving the writ of eviction.
After the writ has been delivered or posted, the tenant will have up to 72 hours to leave. Otherwise, they will risk being evicted forcibly by the sheriff or constable.
Conclusion
There you have it – the step-by-step process that you must follow when evicting a tenant in Virginia. Using any other method is deemed to fail and can even land you in legal hot soup should the tenant decide to sue.
For expert help in any aspect of property management in Charlottesville, VA, KRS Charlottesville can sort you out. Our formula for success is based on a simple math: add value to your assets and get rid of 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 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.