What Is the Eviction Process in Virginia
Under Virginia landlord/tenant law, there are two reasons why a landlord may move to evict a tenant: for failing to pay the rent or for failing to comply with the obligations of the leasing agreement. Each method has its own notice that must be written and given to the tenant in a verifiable manner.
1. A 5 day notice to quit or pay is required for tenants who have failed to pay their rent. This gives the tenant 5 days [not business days] to pay the amount owed or move out of the property. Payment of rent cancels the notice.
2. A 30 day letter is required for leasing agreement violations. Although it requires the tenant to move in 30 days of receiving the notice, there are only 21 days allowed to correct the violation in question. Correcting the issue will cancel the notice.
If tenants do not satisfy the written stipulations to remain with the rental property, then landlords may move to the next step of the eviction process. That means filing for a summons for unlawful detainer. The court requires evidence of the proper notices and upon receiving it, a first return date will be issued. This is an initial hearing where the judge will ask the tenant about their role in the summons. Tenants who deny the allegations presented by their landlord will be given a trial date. It may also require landlords to file what is known as the Bill of Particulars, which explains why taking possession of the property is necessary. If the tenant admits to the allegations or fails to appear, the landlord may ask for an immediate Writ of Possession for the eviction and a judgment for any unpaid rent. If the case goes to trial and a judge finds in the landlord's favor then the same process will follow. Tenants may file an appeal by posting a bond with the court to cover all money owed to the landlord plus up to 1 year of rent.
There Are Two Types of Evictions
A 24 hour lock change is typically used because it is cheaper than a traditional “full” eviction and the landlord is given possession of the property. Another 24 hours is allowed for the tenant to remove items, but tenants are not allowed to occupy the premises. After this, tenant property may be destroyed or sold. Full evictions place tenant property in the public right of way and the Sheriff's Office is responsible for tenant and property removal. The eviction laws of Virginia are design to make the process as fast and smooth as possible. Follow this guide and document everything to make sure your rights as a landlord are prot
When it comes to having a tenant for the first time, it can be pretty daunting because you are going to be the corresponding landlord and a new relationship will emerge, which will need time to grow... More
Many times, there are issues between a landlord and a tenant that need to be resolved but are failed to do so, because both parties have gone too far with their actions, and have retaliated in the... More
The landlord and tenant laws in California are literally the same as they are in any other state. These laws, rules and regulations are put into practice because they uphold an order, a discipline,... More
When it comes to a landlord wanting to evict their tenant, there are specific steps that need to be followed before the process of eviction can start. It is not anymore that the landlord can simply... More
People are aware that there are different rulings in each state with reference to the landlord/tenant laws. The state of Illinois also has a set of laws. These rules and regulations are basically... More
Where there is a landlord, there will also be a tenant, and it is no surprise that these two parties can only work together once there is some sort of agreement, contract or a binding deal in place.... More
Many landlords find it difficult to write and draft a lease agreement. Since every State has its own general template, it can also be difficult to make sure your lease agreement meets all the criteria... More
All landlords know that before they can formally become a landlord there are a lot of things they need to understand. Landlords and tenants cannot act as such without any legal bodies involved. That... More
When it comes to evicting a rowdy tenant from your apartment, it can be a little overwhelming, because you know that there is legal recourse and you cannot just boot out your tenant. There is a... More