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Managing a rental property in Williamsburg, Virginia, can be challenging, especially when a tenant's violation of the lease or rental agreement involves unpaid rent, property damages, or even a criminal act.
In such cases, Virginia landlords must serve the appropriate thirty-day notice and follow strict procedures before filing for eviction.
Navigating unlawful detainer proceedings is a critical part of the Virginia eviction process, ensuring that all actions are lawful, timely, and protect the landlord’s investment.
Key Takeaways
- Virginia landlords must follow the Virginia eviction process closely when dealing with any tenant's violation of a lease or rental agreement.
- Legal grounds for eviction include unpaid rent, criminal acts, property damage, and repeat lease violations.
- A valid eviction notice, such as a thirty-day notice, is required before a landlord files an eviction case.
- Knowing how to handle unlawful detainer proceedings helps protect your rights and speeds up the resolution.
- Working with professional property managers can help both landlords and tenants avoid mistakes and reduce the risk of eviction.
1. Legal Grounds to Evict Tenants
Virginia eviction law allows landlords to evict a tenant for multiple reasons:
- Failure to pay rent:
If the tenant fails to pay rent by the due date, the landlord must issue a 5-day notice to pay or quit, providing the tenant with a final opportunity to settle the rent owed or face eviction from the rental unit.
- Lease violations:
If the tenant violates the rental agreement—such as keeping an unauthorized pet or committing a prior breach like property damage—the landlord must serve a 30-day notice. For curable issues, the tenant has 21 days to resolve the problem.
- Illegal activity:
If the tenant commits a criminal or willful act such as illegal drug activity or serious damage, Virginia law allows landlords to bypass the notice period and proceed directly to court.
2. Starting the Eviction Process in Virginia
When the notice period expires and the tenant remains on the rental premises, the landlord must file an unlawful detainer—a civil claim—to begin the formal eviction lawsuit.
This legal process takes place in the General District Court and requires documents like the written lease agreement, rental agreement, and a copy of the prior written notice.
The court sets a court date, typically within a few weeks. At the eviction hearing, both the landlord and the tenant can present evidence. If the judge rules in the landlord’s favor, a writ of possession is issued.
3. From Court Hearing to Scheduled Eviction
After the landlord wins the case, the tenant has 10 days to appeal. If no appeal is made, the landlord must request a writ of eviction, which the sheriff's office carries out—only the sheriff can legally remove a tenant and their belongings from the rental property.
The landlord or a private process server cannot enforce a scheduled eviction. Tenants can still avoid eviction by paying all unpaid rent, late fees, and court costs before the sheriff executes the writ.
4. Avoiding Common Legal Pitfalls
Virginia residential landlords must never attempt a “self-help” eviction. Locking out a tenant, removing the tenant’s belongings, or turning off utilities without a court order is illegal. Let the court process run its course and give the tenant every required notice.
Conclusion
Navigating the Virginia eviction process requires diligence, proper documentation, and a firm grasp of Virginia landlord-tenant law.
From issuing a legal eviction notice to managing the court proceedings, a misstep can delay or derail your case.
For peace of mind, partner with One Door Realty Property Management. Our expert property managers will handle every aspect of your rental period with professionalism, especially when it’s time to evict a tenant the right way!
FAQs
Q1: What is an unlawful detainer?
A: An unlawful detainer is the legal term for an eviction lawsuit that begins after the notice period ends and the tenant remains in the rental unit.
Q2: How long does the eviction process take in Virginia?
A: The entire legal process—from issuing the termination notice to the sheriff’s removal—can take 4 to 8 weeks, depending on the court's schedules and the tenant's response.
Q3: Can I evict without a written lease agreement?
A: Yes, but Virginia law still requires written notice and adherence to proper procedures under the tenant act.
Q4: What if the tenant pays after I file?
A: If the tenant pays all rent owed, late fees, and court costs before the eviction hearing or scheduled eviction, the court may dismiss the case.
Additional Resources:
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