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Are you looking to evict a difficult tenant from your Virginia rental property? Or perhaps you want to better understand the Virginia tenant eviction process? Either way, we’ve written this article at Key Home Sales & Management to help Virginia landlords, like you, navigate the laws surrounding evictions.
To evict a tenant from your rental property in Virginia, you must follow the legal judicial eviction process. It's important not to take matters into your own hands by locking out the tenant, removing their belongings, or using other ‘self-help’ eviction tactics.
These actions are not only ineffective but can also lead to legal trouble if the tenant sues for illegal eviction. This article will walk you through the proper steps to ensure you stay compliant with Virginia’s eviction laws.
Guide to the Eviction Process in Virginia
Before you can begin any eviction proceedings against a tenant in Virginia, there is certain basic information you must have. The following are key things to keep in mind.
Eviction Summons and Complaint
The landlord must file an eviction summons and complaint with the general district court in the jurisdiction where the rental property is located. The complaint must include details of the eviction reason, such as non-payment of rent or lease violations.
Landlords can only evict tenants for certain legal causes. In Virginia, they include the following:
Failing to pay rent on time.
Staying after the lease has expired.
Staying without a lease.
Violating a term of the lease.
Engaging in illegal activity.
Once filed, the tenant must be served with a copy of the summons and complaint.
Eviction Notices
The eviction notice must match the violation committed by the tenant. Mistakes at this stage could provide the tenant with a legal defense, potentially delaying the eviction process. To avoid delays, here’s what you need to know about eviction notices:
5-Day Advance Notice
This notice is given when a tenant fails to pay rent on time. It is a curable violation, meaning the tenant can either pay the overdue rent or move out within the notice period.
30-Day Notice
This notice is issued when a tenant doesn’t vacate the property at the end of their lease. It’s not a curable violation, so the tenant must move out. A similar notice applies to tenants without a lease, such as family members living on the property.
If a tenant violates a lease term, a 30-day notice is necessary to begin the eviction process, and the violation may be either curable or incurable.
For curable violations, the tenant has up to 21 days to fix the issue. If the violation isn’t corrected within that time, you can file for eviction once the 30-day period is over.
In cases of repeated violations, you can serve a 30-day notice, and the tenant must vacate within 30 days. The tenant will not be given a chance to correct the violation and stay in the property.
Incurable violations, such as willful property damage or unauthorized alterations, also require a 30-day notice.
Immediate Eviction
If a tenant engages in illegal activity, an immediate eviction action can be filed. The tenant will not have the opportunity to fix the issue. Illegal activities include drug use, criminal behavior, or violent actions that threaten the health or safety of others.
Serving a Tenant With an Eviction Notice
Eviction notices must be served in a particular manner to be effective. Again, mistakes here can allow the tenant to lodge a defense against their eviction. And if successful, you’ll have to restart the eviction process all over again.
To properly serve an eviction notice in Virginia, you’ll need to do the following:
Deliver it personally to the tenant.
Leave it with a family member aged at least 16 years or older, if personal delivery isn’t possible.
Post the notice to a conspicuous area of the property, such as the front door. Please note you can only use this option if the two aforementioned options fail.
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Tenant Eviction Defenses in Virginia
Eviction defenses are reasons why an eviction action against a tenant should fail. That’s why landlords need to be diligent when evicting tenants, as mistakes can prove costly.
The following are some reasons that can make a tenant eviction process fail under Virginia law:
The method of notice delivery the landlord used was inappropriate.
The violation didn’t occur or is made up by the landlord.
The tenant fixed the violation within the notice period.
The eviction was a retaliatory action by the landlord after the tenant exercised a legal right.
The eviction was due to the tenant’s race, nationality, or any other protected class under VA fair housing laws.
If the tenant can successfully argue their cause using any of these defenses, the eviction will stop. You’ll then have to restart all over again or simply halt it altogether.
Attending the Court Hearing
In Virginia, eviction hearings typically occur within 30 days after a summons and complaint are successfully filed. As a landlord, you can win an eviction case in two ways: through a default hearing or by winning the case in court. In either scenario, if you win the court will issue a writ of eviction.
Writ of Eviction
This serves as a final notice to the tenant to vacate the unit. You have up to 180 days to request it, or you’ll need to restart the eviction process from the beginning.
If the tenant fails to move out even after the writ is issued, the sheriff is authorized to carry out a forceful eviction.
Additionally, any remaining security deposit may be used to cover unpaid rent or damages, in accordance with Virginia Security Deposit law.
Bottom Line
The tenant eviction process in Virginia typically takes 2 to 4 months, though it may take longer depending on factors like the reason for eviction and whether the tenant contests it. Adhering to the law is crucial for success. Consider familiarizing yourself with Virginia’s Landlord-Tenant Laws as well.
At Key Home Sales & Management, we are proud to be the leading property management company in Northern Virginia, recognized for our exceptional service and deep expertise in the local market.
We provide tailored solutions to protect your investment and maximize your property’s potential. Reach out to us today to learn how we can help you achieve your real estate goals with efficiency and professionalism.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
