Key Takeaways
- Virginia law strictly regulates evictions. Landlords must follow the Virginia Residential Landlord and Tenant Act and may not lock out residents, remove belongings, or attempt “self-help” evictions under any circumstances.
- Evictions require lawful grounds and proper notice. Valid reasons include nonpayment of rent, lease violations, or holdover tenancy, and landlords must serve the correct notice type and timeline (e.g., 5-day pay or quit, 30-day cure or quit).
- Improper or illegal evictions carry serious penalties. Evicting without legal cause or for discriminatory or retaliatory reasons can result in fines of up to $5,000 or four months’ rent, plus actual damages.
- Court involvement can be required to remove a resident. If notice requirements are met and the issue is unresolved, landlords must file an unlawful detainer action, attend a court hearing, and obtain a Writ of Possession before the sheriff can carry out the eviction.
Did you know that you cannot lock out a resident or throw out their personal belongings from the unit as a form of eviction?
Regardless of the violation a resident has committed in Virginia, you must follow the proper eviction process. The resident eviction process in Virginia is contained under the statewide Residential Landlord and Tenant Act.
The act defines the boundaries that every landlord evicting a resident in Virginia must operate in.
Here is a guide by Keyrenter Solutions on the steps you must take to successfully evict a resident from their rented premises.
What’s the Eviction Process in Virginia?
In Virginia, you can only remove a resident under a contractual lease if you have a lawful ground. Lawful grounds include unpaid rent, a serious lease violation, or holdover after proper notice.
You must not try to evict a resident for illegal reasons, such as not getting along, or simply because you want the property back. The process is bound to fail and can even get you into trouble for illegal eviction.
In Virginia, the penalty for illegal eviction includes $5,000 or four months’ rent, plus actual damages. This can result in a significant hit on your bottom line. Not to mention the damage to your reputation.
With that in mind, here’s the step-by-step process that you must follow for a successful eviction.
Notice for Lease Termination with Legal Cause
To begin the process, you must serve the resident with the appropriate eviction notice. The following are common notice forms and timelines for resident evictions in Virginia.
5-Day Notice to Pay Rent or Quit for Nonpayment of Rent evictions. The notice gives the resident up to five days to do either of two things. That is: pay the rent balance or move out of the unit. However, you should factor in the grace period if provided in the lease. In which case, rent would become late a day after the grace period.
30-Day Notice to Cure or Quit for Curable Lease Violations. The resident gets up to 21 days to fix curable lease violations. If they don’t, the tenancy will end after 30 days. Examples of curable lease violations include illegal property alterations, unauthorized pets, and unauthorized guests.
The 30-day notice also applies to non-curable breaches. For example, residents who engage in repeated lease violations. The resident must vacate the unit by the notice deadline.
Immediate Termination for Criminal or Willful acts that threaten health or safety. An example of such an act is hoarding flammable materials like kerosene and propane in a non-ventilated basement.
Serving a Resident with an Eviction Notice
The delivery of an eviction notice to a resident must follow the state’s legal service rules. They include the following:
- Personal delivery
- Posting a notice and mailing another to the resident’s last forwarding address.
- Using certified mail.
File the Eviction Lawsuit against the Resident
Once the notice period has ended and the resident hasn’t taken the appropriate action, you can head to court and file a lawsuit. To do so, you’ll need to file a Summons for Unlawful Detainer in a district court.
Expect the process to set you back between $50 and $500.
The clerk of the Virginia General District Court will then set a hearing date. After the resident gets served with the summons and complaint, the resident may choose to file an answer.
Tenant Eviction Defenses in Virginia
A defense to an eviction is a valid reason a resident may have to stop or delay their eviction from their rented property. The following are examples of such reasons.
- The eviction was based on the resident’s race, color, religion, or any other FHA-protected class.
- You began the eviction process after the resident exercised a legal right, such as after joining a tenants’ union.
- The eviction process had procedural errors, such as missing the effective eviction date.
- The resident fixed the violation (if curable) within the notice period.
Attending Court Hearing
Just like you’d do in any court hearing, make sure to bring as much evidence as you can. Including: a copy of the lease agreement, eviction notice, proof of service, appropriate photos, and rent ledger.
The resident (or their attorney) will do the same.
The court will then decide based on the evidence adduced before it. If the judgment favors you, the court will issue you a Writ of Possession. This will authorize the sheriff to carry out the eviction, even forcibly if need be.
The sheriff will have up to fifteen days to carry out the eviction (and 30 days maximum after getting issued with the writ).
Conclusion
The resident eviction process must strictly adhere to the laid-down legal procedures. In Virginia, these are the essential basics you should have in mind when considering removing a resident from their rented premises.
Keyrenter Solutions provides top-notch property management solutions in Staunton, Waynesboro, and Augusta County, VA, and its surrounding areas. Get in touch to learn more!
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.