Dealing with tenant evictions is one of the most stressful situations a landlord can face. Whether it's due to non-payment of rent, lease violations, or other issues, evictions disrupt the normal flow of your rental income and can create significant financial strain. However, understanding how Virginia’s eviction process works and knowing the steps you need to take can help minimize the impact on your property and your peace of mind.
Disclaimer: The content provided here is for general informational purposes only and does not constitute legal, financial, or tax advice. No client relationship is created by reading the blog. Always consult with a qualified attorney, accountant, or financial advisor to assess your specific situation.
In this post, we’ll break down the eviction process in Virginia, offer practical tips for landlords, and explain how PMI James River can support you during this challenging time.
The Eviction Process in Virginia: A Step-by-Step Overview
In Virginia, the eviction process is governed by specific laws under the Virginia Residential Landlord and Tenant Act (VRLTA) to protect the rights of both landlords and tenants. Following the proper legal steps is crucial to avoiding delays or legal disputes.
Here’s An Abbreviated Outline of the Process:
1. Is There a Valid Reason?
Before initiating the eviction process, Virginia landlords must ensure they have a valid legal reason to evict a tenant. Under Virginia law, acceptable grounds for eviction include non-payment of rent, violations of enforceable lease terms, holdover tenancies, and illegal activity. Evictions based on reasons outside these legal grounds—such as discrimination, retaliation, or personal disputes—are prohibited and could result in legal consequences for the landlord. Ensuring a valid reason is the foundation of a successful eviction case and helps avoid delays or challenges during the court process.
2. Give Notice
Before beginning the formal eviction process, the landlord must provide the tenant with appropriate written notice. The type of notice depends on the situation:
- Pay or Quit Notice: Issue a 5-day notice if the tenant has failed to pay rent, giving them the opportunity to pay or vacate. During this period, tenants can avoid eviction by paying the overdue rent along with any late fees.
- Cure or Quit Notice: If the tenant violated the lease, issue a 21-day notice to fix the issue or leave. Tenants should address the specific lease violation within this timeframe to avoid eviction.
- Unconditional Quit Notice: For severe or repeated lease violations, issue a 30-day notice requiring the tenant to vacate without the option to resolve the issue. In these cases, tenants may need to seek legal advice or assistance from local tenant advocacy groups to explore possible defenses.
3. File an Unlawful Detainer Action
If the tenant doesn’t comply with the notice, the next step is filing an Unlawful Detainer action with the local General District Court. This is a formal request for the court to order the tenant to vacate the property. The landlord needs to pay filing fees and provide evidence such as the lease agreement and proof of notice delivery.
Once filed, the court will issue a Summons for Unlawful Detainer. This legal document sets a date for both the landlord and the tenant to appear in court. It's crucial that the tenant is served with the summons at least 10 days before the court date. This ensures they have sufficient time to prepare for the hearing.
4. Court Hearing
After the complaint is filed, a court hearing date is set. At the court hearing, both the landlord and tenant can present their arguments. If the tenant admits to owing rent or if the case proceeds to a trial, the judge may grant the landlord a judgment for possession at either the return date or the later trial date. This judgment gives the landlord the legal right to evict the tenant.
If the judge rules in favor of the landlord, they will issue a Writ of Eviction, which authorizes the sheriff to remove the tenant if they don’t vacate voluntarily. This writ is a crucial step, as it ensures the eviction process is carried out lawfully and provides a clear, enforceable action plan for regaining possession of the property.
It is important to keep in mind that the tenant will be granted a 10-day appeal period if the judge rules in the landlord's favor. This appeal window provides the tenant with a last chance to contest the eviction ruling.
5. Return Court Date (and Trial)
Both the landlord and tenant must be present. Here's what typically unfolds:
Court Appearance: Both parties are required to appear before a judge. The purpose is to address any disputes that may arise regarding the eviction notice or the amount claimed as owed by the tenant.
Tenant's Opportunity to Contest: If the tenant disagrees with the landlord’s claims, it is during this court hearing that they can contest the amount allegedly owed. This is a critical step where the tenant can present their side of the story.
Judge's Decision: Based on the presented facts and evidence, the judge will make a decision. If the tenant contests successfully, or if the matter isn't straightforward, the judge may decide to set a trial date. A trial allows for a deeper examination of the case and gives both sides ample opportunity to present further evidence and witnesses.
Potential for Trial: Should the case proceed to trial, both parties will need to prepare for a more detailed legal procedure. This involves gathering documents, securing witnesses, and preparing arguments to present before the court.
By understanding these steps, both landlords and tenants can better navigate the complexities of Virginia's eviction process.
6. Judgement of Possession and Writ of Possession
At either the return date (if the tenant admits to owing rent) or later at the trial, the judge can grant the landlord a judgment for possession, which gives the landlord the right to evict the tenant. The Landlord can then file for a Request for Writ of Possession in Unlawful Detainer Proceedings with the clerk of the court. The court will send the Write of Possession to the Sheriff's Office, after which the Sherriff has 30 days to execute the document. During this time the Sheriff's office will contact the landlord to schedule the date and time of the eviction.
7. Enforcement of the Eviction
If the tenant does not leave voluntarily after the Writ of Eviction is issued, the sheriff will enforce the eviction, and the landlord can regain possession of the property.
In Virginia, the sheriff is required to provide the tenant with a minimum of 72 hours' notice before carrying out an eviction. However, it's common for sheriffs to extend this notice period to 5 to 7 days, as the timing can often vary depending on the season. This advance notice ensures that tenants have a brief period to make necessary arrangements before the eviction process proceeds.
Understanding the Writ of Possession in Virginia
A Writ of Possession is a crucial legal document in the eviction process, enabling landlords to regain possession of their property after winning an unlawful detainer case. Here's how it is typically processed in Virginia:
Initiation After Appeal Period
Once a landlord has successfully obtained a judgment for eviction, there's a 10-day period during which a tenant can appeal the decision. After this period ends, the landlord may proceed with requesting a Writ of Possession from the General District Court.Filing the Request
The landlord must file this request within 180 days following the judgment. This ensures that their claim does not become void due to inaction.Court's Role and Sheriff's Involvement
After the request is filed, the court issues the Writ of Possession and forwards it to the Sheriff’s Office. It is the responsibility of the Sheriff’s Office to carry out the eviction.Execution of the Writ
The Sheriff’s Office has a 30-day window to execute the writ once the court has signed it. They will coordinate with the landlord to schedule the date and time for the eviction.
This structured process provides landlords with a legal pathway to reclaim their property while allowing tenants some time to appeal or prepare for relocation.
Differences Between a Full Eviction and a 24-Hour Lock Change Eviction in Virginia
When navigating the eviction process in Virginia, it's crucial to understand the distinctions between a Full Eviction and a 24-Hour Lock Change Eviction. Both have unique procedures and implications for both landlords and tenants.
Full Eviction
- Complete Removal: In a Full Eviction, the tenant's belongings are completely removed and placed on the nearest public right of way.
- Logistical Requirements: Landlords are responsible for providing necessary resources such as a locksmith and enough manpower, as directed by local authorities.
- Potential Delays: The process can be delayed by weather or unforeseen circumstances, as authorities have the discretion to postpone.
24-Hour Lock Change Eviction
- Cost-Effective Option: This method is generally less expensive and more frequently used than a Full Eviction.
- Limited Access: After the locks are changed, the tenant is allowed to access the property for 24 hours to retrieve belongings.
- Finalization: Once the 24-hour period expires, any possessions left behind become the landlord’s responsibility to dispose of. The tenant is not permitted to stay overnight, and remaining on the property beyond this period is considered trespassing.
Understanding these differences can help landlords and tenants make informed decisions during eviction proceedings. Each method has its own set of logistical needs and consequences, which should be carefully considered.
What Happens to a Tenant's Property During and After a 24-Hour Lock Change Eviction?
When a 24-hour lock change eviction occurs, it initiates a specific sequence of events concerning a tenant's possessions. This type of eviction is a common choice due to its lower cost compared to a full eviction process.
During the Eviction
Access to the Property: As the eviction begins, the landlord is required to hire a locksmith to replace all locks on external doors. This action formally grants the landlord control over the premises.
Temporary Storage: The dwelling temporarily serves as a storage site for the tenant's belongings. During this 24-hour window, tenants must be allowed reasonable access to retrieve their items.
After the Eviction
Property Retrieval: The tenant has up to 24 hours to collect their belongings. Unfortunately, they are not permitted to stay in the home overnight.
Final Disposal: If any items remain in the residence after the 24-hour timeframe, those belongings fall under the landlord's custodial rights. The landlord can then decide to either sell or dispose of the items.
Trespassing Implications: Should the tenant linger on the property or return after the stipulated period, they may be considered trespassers.
Understanding these steps can help tenants and landlords navigate the eviction process more smoothly, emphasizing the importance of timely action to manage personal property effectively.
What Responsibilities Does a Landlord Have During a 24-Hour Lock Change Eviction?
A 24-Hour Lock Change Eviction is a swift process that requires landlords to adhere to specific responsibilities to ensure everything runs smoothly and lawfully. Here's what a landlord needs to know:
Responsibilities:
Schedule and Coordinate with a Locksmith:
- On the day of eviction, the landlord must hire a locksmith to replace all locks on the exterior doors of the property. This effectively prevents the tenant from re-entering the dwelling.
Manage Tenant’s Property:
- For the following 24 hours, the property serves as a temporary storage space for the tenant's belongings. The landlord must permit the tenant reasonable access to collect their items during this time frame.
Enforce Time Restrictions:
- The tenant is not allowed to spend the night at the property. If any items remain after the 24-hour period, the landlord takes possession and may choose to sell or dispose of them.
Ensure Legal Compliance:
- After the 24-hour window, should the tenant return or try to re-enter the property, it becomes a trespassing issue, and legal action may be pursued.
By following these steps, landlords can successfully carry out a 24-Hour Lock Change Eviction while minimizing legal and logistical complications.
What Is the Right of Redemption — And How Can Tenants in Virginia Use It?
The Right of Redemption is a legal protection that allows tenants in Virginia to avoid eviction even after a court filing—as long as they pay everything owed before a judgment is entered. Enacted by the Virginia General Assembly in 2019, this provision gives tenants a final chance to remain in their homes by paying all past-due rent and associated costs in full.
How to Exercise the Right of Redemption Before the Court Return Date
To stop the eviction process before the court’s return date, tenants must take clear, timely steps:
Understand the Timeline: It’s crucial to act before the court's designated return date. This is the deadline for addressing the issues without repercussions. After this, a judgment could be entered against the tenant.
Calculate Total Payments Due: Prepare to pay the full amount due. This typically includes:
- Unpaid rent
- Late fees that may have accumulated
- Court costs associated with the case
- Attorney’s fees, if applicable
Arrange Payment: Secure the full amount through savings, loans, or emergency rental assistance programs. The tenant cannot redeem with partial payment.
Make the Payment: Submit the payment directly to the landlord or their attorney, using the method outlined in the lease or court paperwork. Keep proof of delivery.
Obtain Confirmation: Always get a written receipt or confirmation showing the full balance was paid. This protects the tenant from further legal action.
By following these steps, a tenant can effectively stop the eviction and prevent a judgment from being added to the tenant's rental record.
What Is a Redemption Tender — And How Does It Work?
If the tenant doesn’t yet have the money, they can still pause the eviction by submitting a Redemption Tender on or before the court date. Here’s what you need to know:
Documentation: The tenant must provide a written promise of payment from a reputable local agency, nonprofit, or government assistance program. This document should clearly indicate their commitment to cover all or part of the rent the tenant owes.
Timing: The redemption tender must be presented on or before the return date stipulated by the eviction notice. This is the tenant's opportunity to show the court they're proactively seeking to resolve the debt.
Court Process: Once the tenant presents the redemption tender, the court will typically grant a 10-day postponement. This delay allows the tenant additional time to gather the necessary funds to fully pay off the rent owed.
Meeting these requirements can provide crucial time to resolve financial challenges and avert eviction. It's advisable that tenants engage with local agencies well in advance of the court date to ensure they have all necessary documentation prepared.
How Tenants Can Utilize It:
Timing is Crucial: Tenants must act swiftly as this option is only available up to two business days before the scheduled eviction date.
Full Payment Is Required: Whether using redemption or a redemption tender, all amounts owed must be fully covered.
Frequency Limitation: This legal provision can be employed only once within a 12-month period, so tenants need to use it judiciously.
By understanding and strategically using this right, tenants can maintain their housing stability while managing occasional financial difficulties.
What a Landlord Cannot Do During Evictions
Understanding what actions are prohibited during the eviction process is critical for landlords to stay compliant with Virginia law. In Virginia, as in most states, self-help evictions—when landlords take matters into their own hands without following the legal process—are illegal. Here are some common examples of illegal self-help eviction actions:
- Lockouts: Changing the locks or restricting a tenant’s access to the property without obtaining a court order is illegal. Even if a tenant has failed to pay rent or violated the lease agreement, landlords must adhere to the formal eviction process to legally regain possession of the property.
- Utility shutoffs: Turning off essential utilities like water, electricity, or gas to force a tenant to vacate the premises is prohibited. This action is a clear violation of tenant rights and can lead to legal consequences for the landlord.
- Removing tenant belongings: Landlords are not allowed to remove or dispose of a tenant’s personal belongings, such as furniture or other items, without following the proper legal procedures. Using tenant belongings as leverage for unpaid rent or as a substitute for rent owed constitutes a self-help eviction and violates tenant protections.
- Use harassment or intimidation: Engaging in harassment, threats, or intimidation to coerce a tenant into leaving is strictly prohibited. Examples of harassment include excessive or unannounced visits to the rental property, making threatening statements, or intentionally creating an uncomfortable or unsafe environment to pressure the tenant to vacate.
Self-help evictions bypass the legal safeguards that ensure the rights of both landlords and tenants are respected. Landlords who engage in any of these actions risk serious legal consequences, including fines, court fees, and even being required to pay damages to the tenant. To legally regain possession of a property, landlords must follow the formal eviction process as outlined in Virginia law. This process ensures that both parties’ rights are protected and helps avoid costly legal disputes.
Key Considerations During the Eviction Process
Legal Compliance
The eviction process in Virginia is strictly regulated, and it’s crucial to follow the correct procedures. Missing deadlines, failing to provide or improperly serving notices, or trying to evict a tenant without a court order can lead to delays and legal liability. Understanding the legal requirements and staying compliant is vital to successfully regaining possession of the property.
Costs and Time
Evictions can be expensive and time-consuming. Beyond the lost rent, landlords often face court fees, attorney costs, and the expense of property repairs and cleaning after a tenant leaves. The eviction process itself can take weeks, and in some cases, even months, particularly if the tenant contests the action or files for appeals. This extended timeline can create a significant gap in income, which is why timely and proactive management is essential.
Tenant Damage and Property Maintenance
In addition to the legal process, evictions often result in property damage or the need for repairs. Tenants who are behind on rent may not take care of the property, leaving the landlord with maintenance issues. It’s important to factor in time and cost for cleaning, repairs, and sometimes even rebranding or redecorating the unit to attract a new tenant quickly.
Evolving Laws and Regulations
Landlord-tenant laws in Virginia are updated annually, often in July, and these changes can significantly impact the eviction process. Updates may include new tenant protections, adjustments to notice requirements, timelines for Unlawful Detainer actions, and stricter rules for delivering notices or handling security deposits. Staying informed about changes to the Virginia Residential Landlord and Tenant Act (VRLTA) and local ordinances is critical to remaining compliant and avoiding legal risks. Landlords should regularly review updates from the Virginia Department of Housing and Community Development and Virginia’s Fair Housing Office, consult legal professionals, or work with property management experts like PMI James River, who ensure clients stay compliant with evolving laws.
How to Avoid Eviction: Prevention Tips
While there are no major formulae that eliminate the risk of evictions, there are ways to reduce the risk of it happening in the first place:
- Screen Tenants Thoroughly: Conduct background checks, verify employment, and check references from previous landlords to ensure the tenants are responsible and reliable.
- Create Clear Lease Agreements: A well-drafted lease agreement with clear terms regarding rent, property maintenance, and other important factors can help prevent disputes down the road.
- Act Quickly When Issues Arise: If a tenant is behind on rent or violating the lease, address the situation immediately. The sooner the landlord acts, the more likely they are to resolve the issue without needing to resort to eviction.
- Communicate Effectively: Open lines of communication with tenants can sometimes resolve issues before they escalate to eviction. Many tenants will appreciate a chance to work out payment arrangements or resolve other issues if approached professionally and promptly.
- Work with a Property Management Company: Partnering with a professional property manager like PMI James River can save time and ensure smooth operations, even during difficult situations.
How PMI James River’s Landlord Rescue Program Can Help
Even with preventative measures in place, evictions are sometimes unavoidable. In fact, eviction rates in Virginia is remarkably high: 10% statewide and 16% in the Richmond area. If you find yourself facing a difficult tenant situation, PMI James River offers a Landlord Rescue Program to guide you through the eviction process and beyond. Our program:
- Partners with an experienced eviction law firm to streamline the entire process.
- Guides landlords through the legal eviction process.
- Ensures up-to-date compliance with federal, state, and local laws.
- Handles court filings, notices, and representation.
- Oversees property turnover, including repairs and cleaning, to minimize vacancy time.
- Assists with strategies for recovering unpaid rent.
Protecting Your Investment with Landlord Insurance
PMI James River has also partnered with SureVestor, a leading provider of landlord protection insurance, to give our clients peace of mind during challenging situations like evictions. SureVestor, who partners only with credible property managers that have a proven record of minimizing the risk of evictions, offers a range of benefits designed to safeguard landlords’ financial interests, including:
- Eviction Coverage: Up to $5,600 in reimbursements for legal and sheriff fees.
- Lost Rent Protection: Up to 25 weeks of lost rent coverage due to om tenant defaults.
- Malicious Damage Coverage: Up to $35,000 coverage against malicious damage caused by tenants.
- Theft Coverage: Up to $15,000 coverage for theft and theft-related damage.
- Lockbox Coverage: Up to $5,000 coverage for losses due to use of lockboxes.
- General Liability: Up to $1,000,000 coverage for third-party claims that happen on rental properties.
Take the Stress Out of Evictions with PMI James River
Evictions are a challenging aspect of property management, but you don’t have to handle them alone. Whether you’re struggling with a current tenant or looking to avoid future problems, PMI James River is here to help. Contact us today to learn more about our Landlord Rescue Program and our partnership with SureVestor can protect your rental property and income during difficult times.
