Outline of the Eviction Process in Virginia

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., landlord wants to sell or occupy).
• Laws: Va. Code Ann. § 55.1-1200 to § 55.1-1416 (Residential Landlord and Tenant Act); § 8.01-124 to § 8.01-138 (Unlawful Detainer).

2. Notice to Quit

• Written Notice to Quit or Pay served:
  • Non-payment: 5-day notice to pay or vacate.
  • Lease violation: 21/30-day notice (21 days to cure, 30 days to vacate if uncured); immediate for non-curable.
  • Month-to-month: 30-day notice to terminate.
  • No-fault/end of lease: 30-day notice.
  • Illegal activity or holdover: Immediate or 5-day notice to vacate (no cure).
• Delivery: Hand-delivered, mailed (certified or first-class), or posted with mailed copy.
• Tenant can cure by paying rent (within 5 days) or fixing violation (within 21 days); redemption possible before judgment.

3. Filing the Eviction Case

• File Summons for Unlawful Detainer (Form DC-421) in General District Court.
• Documents: Summons, Notice to Quit, lease, proof of service, non-military affidavit.
• Fee: ~$56–$66 (varies by court).
• Timing: After notice period expires (e.g., 6th day for 5-day notice).

4. Serving the Summons and Complaint

• Sheriff, process server, or disinterested person serves papers 10 days before hearing.
• Methods: Personal delivery, substituted service (resident over 16), or posted and mailed.
• Tenant must appear at hearing; no written Answer required.

5. Court Hearing

• Held 14–21 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, retaliation).
• Outcomes: Eviction granted, case dismissed, or redemption/agreement (rare).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 10 days to Circuit Court (requires bond).
• Writ issued: ~10–14 days post-judgment; sheriff serves 72-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; no mandatory storage (property may be placed on street or stored at landlord’s discretion).
• Tenant may reclaim stored property by paying costs.
• Law: Va. Code Ann. § 8.01-130.

8. Tenant Protections

• Rights:
  • Cure violations (5 days for rent, 21 days for lease issues), redemption before judgment, defenses (retaliation, discrimination, habitability).
  • No self-help evictions (landlord penalties include damages or reinstatement).
• Resources:
  • Legal Aid Society of Virginia (866-534-5243), valegalaid.org, vacourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local variations may apply.
• Sources: Va. Code Ann. § 55.1-1200 to § 55.1-1416, § 8.01-124 to § 8.01-138; vacourts.gov; valegalaid.org.