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Owning a rental property in Williamsburg, VA, can be rewarding. Still, when issues such as unpaid rent, property damage, or a tenant’s lease violation arise, Virginia landlords must follow the proper eviction process.
From serving a valid eviction notice to filing a civil claim, each step under Virginia eviction law must be handled with care.
With support from knowledgeable property managers, both the landlord and tenant can navigate the situation more effectively and potentially avoid eviction or prolonged legal disputes.
Key Takeaways
- Always follow Virginia landlord tenant law when handling issues in your rental property, including unpaid rent, lease violations, or property damages.
- Serve a lawful eviction notice, such as a thirty-day notice, depending on the tenant’s violation.
- Virginia landlords must file an unlawful detainer—a civil claim—to begin the formal eviction process.
- Unlawful detainer proceedings are handled in the General District Court and follow the Virginia eviction law closely.
- With proper guidance, both the landlord and tenant may resolve conflicts early and avoid eviction or further legal action.
1. Non-Payment of Rent
If a tenant fails to pay rent, you may issue a 5-day pay or quit notice, giving them the chance to pay the rent owed plus any late fees.
If no payment is made, the landlord must proceed with an eviction filing in the General District Court, initiating an unlawful detainer.
During the court process, the judge rules whether the tenant must vacate. If the landlord wins, a writ of eviction is issued, and only the sheriff can carry out the scheduled eviction.
2. Lease Violations
A lease agreement is legally binding. When a tenant violates it—such as by keeping an unauthorized pet, denying reasonable access, or repeating a prior breach—you may issue a 21/30-day termination notice, depending on whether the violation can be remedied.
After the notice period expires, and if the tenant commits another breach or fails to comply, the landlord files for unlawful detainer proceedings.
3. Criminal or Willful Acts
Virginia law permits landlords to evict tenants immediately for a criminal or willful act that jeopardizes the health or safety of others, such as illegal drug activity or engaging in illegal activity within the rental unit.
No notice period is required for these severe violations. The Virginia residential landlord can proceed directly to file an eviction lawsuit through a private process server or personal service, ensuring a swift eviction hearing and legal removal.
4. Lease Expiry or Legal Termination
If a lease or rental agreement expires and the landlord chooses not to renew or wishes to end a month-to-month tenancy legally, a thirty-day notice is required.
This notice informs the tenant of the end of tenancy, after which you may file an eviction if they do not vacate. Be sure to follow the Tenant Act and avoid self-help eviction, which is illegal in Virginia.
Conclusion
The eviction process in Virginia is a formal legal process, and any mistake can delay or derail your ability to reclaim your rental unit.
Whether you’re dealing with unlawful detainer, rent collection issues, or serious criminal acts, understanding the eviction laws is essential for both landlords and tenants.
Are you struggling with the challenges of eviction in Williamsburg, VA? Let One Door Realty Property Management take the stress off your shoulders.
From preparing for your court date to working directly with the sheriff’s office, we’ll handle every step of the process with precision and care.
Avoid costly legal mistakes and protect your rental investment—reach out to us today and get the expert support you deserve!
FAQs
Q: Can I evict a tenant without notice in Williamsburg, VA?
A: Only if the tenant commits a serious criminal or willful act, like illegal drug activity. Otherwise, proper notice to the tenant is required.
Q: How long does the eviction process take in Virginia?
A: It depends on the case, but the court hearing typically occurs 2–3 weeks after the eviction filing, followed by the sheriff’s office scheduling the eviction.
Q: What happens if a tenant leaves property behind?
A: After a writ of eviction is executed, any property left behind is handled in accordance with the Virginia Department's guidelines.
Q: Can landlords use “self-help” to evict tenants?
A: No. Self-help eviction—like changing locks or cutting off utilities—is illegal under Virginia law.
Additional Resources:
Effective Lease Enforcement Strategies for Williamsburg Landlords
The Benefits of a Tenant Portal: A Guide for Williamsburg, VA Landlords
