Illegal activity includes :. Landlords may proceed directly to Step 2 below, without giving the tenant any prior written notice. As the next step in the eviction process, Virginia landlords must file a complaint in the appropriate circuit or district court.
The summons and complaint must be served on the tenant by a sheriff, professional process server, or anyone over the age of 18 not part of the case, at least 10 days prior to the hearing. The summons and complaint may be served via one of the following methods :. The summons and complaint must be served on the tenant at least 10 days prior to the hearing. The eviction hearing must be set no later than days after the summons and complaint are filed with the court. However, if either the landlord or tenant requests a jury trial, this will add more time to the process.
If the tenant fails to appear for the hearing, the judicial officer may rule in favor of the landlord. If the judge rules in favor of the landlord, a writ of eviction will be issued and the eviction process will proceed. The hearing must be held no later than 21 to 30 days after the summons and complaint are filed with the court.
It may be issued as soon as 10 days after the date the judgment was entered in favor of the landlord; but if the writ of eviction is not requested within days , the landlord will need to begin the eviction process all over again.
Within days of receiving the writ of eviction, the sheriff or constable must deliver the writ to the tenant or post the writ on the rental property if the tenant cannot be found. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays. The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
If the tenant wishes to contest the eviction, the judge will schedule a trial date. Otherwise, the landlord will be granted judgment and a Writ of Possession may be issued the same day. If the eviction is contested, the landlord has the burden of proving the nonpayment of rent or other violation of the lease that justifies eviction.
Copies of the lease, eviction notices, correspondence, proof of service, rental receipts, police reports, reports of other tenant complaints, photographs and witness testimony should be provided. The tenant also has an opportunity to rebut any of the allegations presented and to prove any counterclaims filed by the tenant.
Should the landlord be successful, he or she must request a Writ of Possession, which may be issued the same day as the judgment from the court. At least days must pass to allow the tenant time to file an appeal. The reader should always remember your legal responsibilities. After all, you may unknowingly jeopardize your rights by not fulfilling your legal rights as a Tenant or Landlord. Many of the Chapters and Articles are interrelated. This not intended to be an all-inclusive overview, or the best advice in every situation.
This information is not meant to be a substitute for the advice of an Attorney. Share with others: Facebook LinkedIn Twitter. Virginia Eviction Process. Guide to the Eviction Process in Virginia Eviction in Virginia: The first step in the Virginia eviction process is serving the tenant with a written eviction notice.
Virginia Eviction Laws The Virginia eviction process has a number of eviction notices with differing periods of compliance or demands to vacate depending on the reason for the eviction. For names of lawyers in your area who are experienced in housing issues, Find Law Firms on our Directory.
Like and Follow NationalEvictions. Select A Category:. Select A Subcategory. Select A Location. Select The Area. Featured Listings. You are not a tenant if you have lived in a hotel or motel for less than 90 days. The following pdf document provides questions and answers about what to do about eviction issues, including lockouts and utility shutoffs.
Generally, a landlord may rent or refuse to rent for any reason at all — good reason, bad reason, or no reason — as long as it is not a prohibited reason. However, there are exceptions to this rule if you are in a protected class covered by the Fair Housing Law. This document contains information on the Fair Housing Law.
Under Virginia Law, tenants have certain rights when they move in, while they are renting, and before they can be evicted. You are covered by the VRLTA if you live in an apartment building or in any type of multi-family housing.
Multi-family housing means you share heating, hot water, entry and exit, or some other service with another unit in the same building. You also are covered if you live in a single family house and your landlord rents out more than ten single-family homes in a county or more than four single-family homes in a city. Throughout this handout we will tell you what general rights you have as a tenant and specify if there are any differences depending on whether you are covered by the VRLTA.
Starting July 1, , seven new laws will take effect in Virginia. This advises the tenant: That he or she has days to cure the breach, or Vacate the premises, or The lease will terminate at the end of the days and the landlord will bring an eviction action in court Examples of these types of lease violations include excessive noise, having unauthorized pets or persons living on the property or operating a business on the premises, For lease violations that are not subject to being cured or are irremediable, the landlord need only serve a day notice advising that the lease will terminate in days.
Immediate Notice of Termination For criminal acts or those that violate the lease in such as way as to seriously endanger the health and safety of others, the landlord may serve an Immediate Notice of Termination. Action in Unlawful Detainer in Virginia In cases where the tenant refuses to comply with the notice, the landlord needs to file an action in Unlawful Detainer in the General District Court having jurisdiction where the property is located.
Virginia Eviction Trial If the eviction is contested, the landlord has the burden of proving the nonpayment of rent or other violation of the lease that justifies eviction.
The lease provision allegedly violated is unreasonable. The allegations are false. There was improper service. The notice was improper. The landlord waived eviction by accepting any part of the rent without a written reservation. Get a Writ of Possession Should the landlord be successful, he or she must request a Writ of Possession, which may be issued the same day as the judgment from the court.
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