Key Takeaways
- Serve the correct eviction notice based on the reason for eviction and follow Virginia’s required legal procedures carefully to avoid delays or dismissal of your case.
- Keep thorough records of lease agreements, payment history, notices, and communications so you’re prepared if an eviction proceeds to court.
- Reduce the likelihood of costly evictions by screening prospective tenants carefully and working with an experienced property management company to navigate Virginia’s landlord-tenant laws when issues arise.
Being a landlord in the State of Virginia can be a good source of additional income. After all, it’s a beautiful state, and its population is continuously growing. It’s currently home to over 8.6 million people, which means that it offers a lot of opportunities for landlords to notice the increasing demand for rental housing. While being a Virginia landlord can be profitable, it’s not without its challenges, including having to deal with a difficult tenant.
In fact, there are times when tenant-related issues become serious enough to warrant wanting to remove tenants due to reasons like unpaid rent or other violations of the lease agreement.
When your tenant poses a risk to your rental unit and your investment as a whole, including cases that may lead to a scheduled eviction, it’s important to know the Virginia eviction laws.
If you need to regain possession of your property, you may have to take legal action. In such cases, it is essential to pay attention to the specific procedures required by Virginia law. If a tenant refuses to vacate the unit after a notice to quit, it is recommended that the owner of the rental property obtain a court order of possession by appearing before a judge.
Understanding your rights and responsibilities as a landlord will help ensure that you can reclaim possession of your property and manage the situation effectively.
Hiring a professional property management company like Keyrenter Richmond to help you navigate these legal intricacies is key. If your tenant fails to pay rent or comply with lease terms, knowing how to navigate this process is crucial to maintaining your investment and securing possession of your property.
Ideally, a landlord should screen a tenant extensively to ensure that only those who are highly qualified and able to afford rent are accepted to stay in their properties. Landlords should find a tenant who pays their rent on time, takes care of the rental property, and abides by the terms and conditions of the written lease agreement.
However, even with a thorough tenant screening process, it’s still possible to encounter a tenant who can’t take care of the property. In case this happens, Virginia eviction may be your last option.
It is important that all proper eviction procedures should be followed as per Virginia’s guidelines, including providing the tenant with proper notice of the eviction. The timeframe for evictions varies per state. The legal process can take around two to four months, depending on the reason for the eviction.
This can even take longer if the tenant requests a jury trial, and court dates can sometimes be delayed, extending the overall eviction process. It’s crucial to present all necessary documentation to support your case.
If you’d like to learn about the legal eviction process in Virginia, keep on reading!
Illegal Virginia Eviction Process
You have certain duties under landlord-tenant laws in the state. There are also certain procedures a landlord must comply with when evicting a tenant under the landlord-tenant act. The following are considered illegal evictions in Virginia:
- Trying to forcibly remove the tenant by changing the locks, shutting off utilities, or removing the tenant’s belongings.
- Evicting a tenant for retaliatory reasons or in response to a tenant who is exercising a legally protected right.
Sending Eviction Notice for Lease Termination
A landlord cannot legally evict a tenant without a cause. According to Virginia eviction law, landlords may only evict a tenant for any of the following reasons for it to be considered legal in the state of Virginia:
Failure to Pay Rent
Staying with no Lease or After the Lease Ends
If a Virginia tenant remains at the rental property without a written lease agreement or after the rental period ends, the landlord can file for eviction.
Violating the Provisions in the Lease or Rental Agreement
Examples of curable rental agreement or lease violations include :
- Letting the garbage pile up inside the property
- Failure to maintain a certain level of cleanliness
- Failure to report visible signs of moisture in the premises
Examples of incurable violations include:
- Deliberately damaging the rental unit
- Making any unapproved alterations to the rental premises
If the tenant has not vacated by the end of the notice period, then the landlord may file a summons for unlawful detainer in the appropriate court.
Performing Illegal Activities
Under the Virginia eviction laws, a landlord can also evict a tenant who engages in illegal activities. If this is the ground for eviction, the landlord is no longer required to give prior written notice—an eviction lawsuit may be filed at the general district court immediately without prior notice and the landlord can seek immediate possession of the premises.
Once you’ve identified the reason for eviction and established which written notice to send, the landlord must deliver the notice either in person or via first-class mail. A landlord may also ask a sheriff to deliver the eviction notice on their behalf for a service fee of $12 or less.
Attending a Court Hearing in Virginia
The eviction hearing must be set within 21 to 30 days after filing the summons and complaint with the general district court. It’s important to note that in the event that either the landlord or tenant requires a jury, this may take longer.
If the tenant does not appear at the court hearing, the judgment will typically land in favor of the landlord by default. From there a writ of possession will be issued and the eviction will proceed.
Writ of Eviction
The writ of eviction is the tenant’s final notice to leave the premises. When the judgment lands in favor of the landlord, the landlord should request a writ of eviction from the judge. This notice must be issued within 10 days after the date of judgment.
Keep in mind that if the landlord fails to request a writ of eviction and provide the tenant notice within 180 days, the landlord must go through the eviction process in Virginia again, incurring additional court costs.
Evictions in Virginia
The sheriff or constable must deliver the court-issued writ of eviction to the tenant within 15 to 30 days of receiving it. The plaintiff must grant the defendant reasonable access to remove the tenant’s property during that period.
The Sheriff’s Office may also post the writ on the property if the tenant can’t be found. The tenants will then have to move out of the property within 72 hours or the tenants will be forcibly removed by the sheriff or constable along with any personal property remaining in the rental unit. The tenant may also be ordered to pay reasonable attorneys fees.
Bottom Line
Dealing with a problematic tenant is one of the most challenging aspects of being a landlord, including missed or late rent payments from tenants. You have follow proper eviction procedures in Virginia, as well as Virginia landlord-tenant law, security deposit laws, rent increase policies, lease-breaking laws, and more.
If you’re a landlord and don’t want to go through the stress of filing to remove a tenant or you need help managing your rentals, it’s best to work with professional property managers with knowledge of Virginia law to handle the procedure for you. Contact our team of property managers at Keyrenter Richmond today and we’ll be happy to help you! +1 804-299-5100
Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regard to this content or any other aspect of your property management needs.
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Frequently Asked Questions About Virginia’s Eviction Process
Can a landlord recover unpaid rent in addition to regaining possession of the property?
Yes, depending on the circumstances, a landlord may pursue unpaid rent as part of the unlawful detainer action or through a separate legal claim if appropriate. Whether rent, court costs, or other damages are recoverable depends on the facts of the case and the court’s judgment. Maintaining complete records of the lease agreement, payment history, notices, and communications can strengthen your documentation if the matter proceeds to court. Property owners should consult a qualified attorney regarding their specific situation.
How can landlords reduce the likelihood of future evictions?
While no screening process can eliminate every risk, proactive management can significantly reduce the chances of costly disputes. Consistent tenant screening, clearly written lease agreements, documented communication, regular property inspections where permitted, and prompt responses to maintenance concerns all contribute to more successful rental relationships. Many landlords also benefit from working with a professional property management company that follows established leasing procedures and stays current with Virginia’s landlord-tenant requirements.
What documentation should landlords keep during an eviction?
Good recordkeeping is one of the most important parts of a successful eviction case. Landlords should retain signed lease agreements, rent payment records, copies of all notices served, maintenance requests, inspection reports, photographs when relevant, and written communications with the tenant. Organized documentation can help demonstrate compliance with Virginia’s legal requirements and provide supporting evidence if the case proceeds to a hearing.
Does a lease expiration automatically require a tenant to move out?
Not necessarily. Even when a lease has ended, Virginia law generally requires landlords to follow the appropriate notice requirements before filing for eviction if the occupant remains in possession. Simply allowing a lease to expire does not authorize a landlord to remove a tenant without following the legal eviction process. Owners should ensure they provide the correct notice and complete all required legal steps before seeking possession through the court system.
Why do some Virginia eviction cases take longer than expected?
Several factors can affect the overall timeline. Court scheduling, service of legal documents, tenant responses, requests for continuances, jury trial requests, and procedural errors can all extend the process. Incomplete paperwork or improperly served notices may require a landlord to restart the case from the beginning. Careful preparation and strict compliance with Virginia’s eviction procedures can help minimize avoidable delays, although no specific timeline can be guaranteed.
When should a landlord work with a property management company during an eviction?
Many landlords seek professional assistance before an eviction becomes necessary rather than after problems have escalated. Property management companies can help reduce eviction risk through consistent leasing practices, thorough tenant screening, documentation, rent collection procedures, and prompt communication. If an eviction does become necessary, experienced property managers can coordinate notices, maintain accurate records, and help owners navigate the process while working alongside legal counsel when appropriate.