| The Eviction Process in Virginia |
|
by: Virginia Poverty Law Center
|
| Q. | How can a landlord evict a tenant in Virginia? |
 |
| A. | Landlords may want to evict a tenant for different reasons. The tenant may be late on the rent, or may have broken the lease by having a pet or a guest that is not allowed. Or it may be the end of the lease term and the landlord may not want to rent anymore. In all cases, the landlord must start by sending a proper written notice to end the lease. The time given in the notice and what the notice must say will depend on the landlord’s reason for wanting the tenant to leave, and whether the case is covered by the VRLTA. There are also some different rules for notices that apply to Section 8 and Public housing rentals. |
|
| Q. | What kind of notice does the landlord have to send if the rent is late or is not paid? |
|
| A. | Read the section on this website under landlord tenant called "What Happens If I am late on my rent?" |
|
| Q. | What if I do not have a written lease and the landlord just doesn't want to rent to me anymore? |
|
| A. | If you do not have a written lease, you usually will have a month-to-month oral lease. If you have a month-to-month oral lease, the landlord must give you a 30 day written notice telling you to move. If you are a roomer and you pay your rent on a weekly basis, you probably have a week-to-week oral lease. If you have a week-to-week oral lease, the landlord only has to give you one week’s written notice telling you to move. |
|
| Q. | What if the landlord says that I have broken rules in the lease? |
|
| A. | If the case is covered by the VRLTA, and the violation is "remediable" (meaning it can be fixed), the landlord must give you a 21 day written notice telling you what rule you broke, and that you have to correct the problem within 21 days, or else you must leave at the end of 30 days after you receive the notice. Remediable means something that you can correct, like getting rid of a pet or paying for repairs you caused. If the problem is remediable and you correct it within 21 days, you should be able to stay. There are some violations that are considered non-remediable-- meaning the landlord does not have to give you the chance to correct it. An example might be committing a crime on the property. In an emergency situation that cannot be corrected, the landlord can give much less than 30 days notice. If the problem is not an emergency but is not remediable, the landlord must still give you a 30 day notice but no chance to correct the situation. |
|
| Q. | What happens after the notice is sent? |
|
| A. | If the tenant has not moved by the date given in the notice, the landlord must bring an eviction case in court. The landlord usually files a paper called an "Application For A Summons In Unlawful Detainer" in the General District Court where the rental property is located. The unlawful detainer will be served on the tenant by a sheriff or process server. Sometimes it will be handed to the tenant but sometimes it will be tacked on the tenant's door. If it is put on the door, it must also be mailed to the tenant. |
|
| Q. | What happens next? |
|
| A. | The court paper will have a court date on it. You must go to court on that date if you do not think you should be evicted. On the first court date, the judge may hear the case or may ask you to come back on another day for the trial. On the trial date, the landlord and the tenant may each present their side about the reasons that the landlord is asking the tenant to leave. If it is the end of the lease, or it is an oral month-to-month tenancy and proper notice has been given, the tenant may not have a defense. If the landlord says that the tenant broke a lease rule, there may be two sides to the story. If the judge rules that the tenant does not have to leave, the case will be thrown out and the tenant can stay. If the landlord wins, the landlord will be "granted possession" and the tenant will have to move. |
|
| Q. | What if the landlord also asks for money? |
|
| A. | If the court paper also asks for rent, fees, damages or attorneys' fees, the judge will hear any evidence on that. If the judge enters a judgment for money in favor of the landlord, that means that the tenant also owes that amount of money. |
|
| Q. | What happens if the judge says that the tenant must move? |
|
| A. | If the judge rules for the landlord, the tenant has 10 days to file an appeal and pay the money called an appeal bond and court costs to the court. If the judge grants immediate possession, the sheriff can put the tenant out before this 10 day period is over, unless the tenant appeals and posts the bond. Often, if the tenant appears in court on the court date, the judge will not grant immediate possession so the tenant will not have to move until after the 10 day appeal period is over.
|
|
| Q. | What happens if I cannot appeal or the judge says I should leave right away? |
|
| A. | The landlord must ask the clerk of court to send a paper (called a Writ of Possession) to the Sheriff. The Writ of Possession is served on the tenant by the Sheriff's office. The deputy must give at least 72 hours written notice of the date and time that the tenant will be put out if the tenant does not leave on his own before then. |
|
| Q. | Do I need to go to court even if I agree that the landlord has the right to ask me to leave? |
|
| A. | If you are not in court, most judges will order you to leave right away if the landlord asks. Then the writ can go to the sheriff right away and you could be put out after the sheriff gives you the 72 hours written notice. If you go to court, many judges will let you stay until after the 10 day appeal period is over, and then you also get the 72 hours written notice after that. That would give you more time to move. So it is important to go to court even if you don’t have a defense to try to get more time before you have to move out. Another reason to go to court is that the landlord may evict you and get another court date up to 90 days later to get judgment for additional rent and damages. You should go back to court on that date in case the landlord says you owe more than you think you owe. You should also give the landlord your new address so he can send you notice of the new court date and of the amounts he is saying you owe. |
|
| Q. | What if I am being evicted and I need help proving my case in court? |
|
| A. | Contact your local legal aid office or a private attorney. Call legal aid as soon as you receive a notice from the landlord asking you to leave or when you get papers from the court about a court date. The sooner you call, the better the chance of someone being able to help you. |
|
