Evicting Virginia Tenants
Virginia Evictions

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EVICTIONS IN VIRGINIA
Writ of Possession in Unlawful Detainer (EVICTION)

Note: Unlawful Detainer and Eviction may be considered the same for the following discussion.

(8.01 - 470 & 472 code of Virginia) The Writ of Possession in Unlawful Detainer (Eviction) is a court order authorizing the Sheriff to physically remove a person and his belongings from a premises and to return possession to the landlord. Usually the court will not issue the Writ of Possession until the appeal period has lapsed. The appeal period is ten (10) days.

Every tenant has the legal right to live in rental housing unless and until the landlord follows the legal process for eviction.  The process depends on whether your rental housing is covered by the Virginia Residential Landlord Tenant Act (VRLTA)

Time Period for Executing Writ: 

This Writ gives the Sheriff thirty (30) days in which to execute.  Effective July 1, 2000, this code, 8.01-470, has been modified to read, "The execution of the Writ of Possession by the Sheriff should occur within fifteen (15) calendar days from the date the writ is received by the Sheriff, or as soon as practicable thereafter, but in no event later than thirty (30) days from the date the Writ of Possession was issued."

It is important to remember the date the Writ was issued should a postponement be requested after scheduling the eviction.

The Virginia Residential Landlord Tenant Act covers:
If you live in an apartment building or in any type of multi-family housing.  Multi-family housing means you share heating, hot water, entry and exit, or some other service with another dwelling unit in the same building.  You also are covered if your landlord rents out more than ten single-family homes.  In cities and in urban counties, you are covered if your landlord rents out more than four single-family homes.

Virginia Evictions - Questions and Answers

What type of notice does a landlord have to give to evict?

 
No matter what the reason, a landlord must give you a written notice in order to evict.  However, you do not have to move just because a landlord has given written notice.

Is a landlord’s oral notice to move any good? No.  A landlord’s oral notice to move is not good.  An oral notice to move should not allow the landlord to start an eviction.  You do not have to move just because a landlord has given an oral notice.

What type of notice does a landlord have to give in a non-payment of rent case? If a landlord wants to evict you for not paying rent, the landlord must give you a written notice to either move or pay rent in 5 days.  If you pay the rent in 5 days, you get to stay.  If you do not pay, the landlord can start an eviction in General District Court ( GDC ).  You do not have to move just because the landlord has given a written notice.

 

For more information on Virginia Evictions, see our:
 -  Virginia Evictions - Questions and Answers

 - Landlords - See our Tenant Screening Guide and Service

Disclaimer: The law is constantly changing and there may be times when the information on this web site will not be current. This information is provided for general informational purposes only and is not intended as legal advice. This information is not a comprehensive treatment of the subject and is not a substitute for advice from an attorney. Find Virginia Eviction Lawyers

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