Virginia Eviction Laws

The state of Virginia has explicit laws for landlords and tenants on the "how to's" of eviction. If you live in Virginia or plan on renting a home or renting out a dwelling, it is important for you to know the eviction laws. You need to have a complete understanding of what you can do and what you can not do. If you are a tenant, you will want to know your legal rights in case you are put in a circumstance where your landlord is trying to evict you.

To begin with, any landlord wishing to evict a tenant must do so in writing. A landlord may not verbally evict a tenant under any circumstances. Also, receiving written notice of eviction does not mean the tenant has to move. Any verbal notice of eviction does not mean the tenant must move either.

If a landlord wishes to begin the eviction process due to failure to pay rent, he must provide the tenant written notice that any past due rent is due within (5) days. If the tenant chooses to pay the past due rent, he may remain in the dwelling. If the past due rent is not paid, it is then the landlords prerogative to begin the eviction process with the General District Court. The original eviction letter giving the tenant (5) days to pay overdue rent monies does not mean the tenant has to move yet.

If a landlord in the state of Virginia wishes to evict a tenant, they must give the tenant a written notice of 21/30 days to move. This notice must clearly state the reason the landlord wished to evict the tenant. The tenant then has 21 days to correct the reason for eviction and may stay. If the problem is not corrected the issue at the end of thirty days the landlord may start the eviction process with the General District Court.

After the landlord has provided the tenant with written notice, the eviction process can begin at the General District Court by the landlord. Here the landlord must file a Summons for Unlawful Detainer. This notice may be served to the tenant in one of three ways.

a.) Served to the tenant in person by a Deputy Sheriff.

b.) Given to a member of the tenant's household (above the age of 16) by a Deputy Sheriff. When the paper in served to a household member, the Deputy Sheriff must explain what the notice is.

c.) It may also be posted on the front door of the tenant's residence and then mailed by first class mail.

The Summons for Unlawful Detainer tells the tenant when they should appear in court. It tells the amount of monies the landlord is seeking for past due rent, damages, ect. It is a wise idea to attend the eviction hearing.

The Virginia law gives the tenant one last opportunity to remain living the rental property if the only reason for eviction is the non-payment of rent, by paying all rent monies due, arrearage, court costs and any other late fees and or interest on or before the very first court date. If the judge rules in favor of the landlord at the hearing, the tenant then will be given at least ten more days in which to move from the property.

In the state of Virginia, a landlord may not have utilities turned off because a tenant failed to pay rent. A landlord may not lock a tenant out of the rental property due to failure to pay rent. In order for these to take place, a landlord must proceed through the proper court channels.

If you should find yourself in Virginia, know your rights as a landlord and as a tenant. It could save you a lot of worry and hassle in the long run!