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How
does a landlord file an unlawful
detainer?
A
landlord starts an
eviction
in Virginia General District Court by
filing a Summons for Unlawful
Detainer.
Although this court paper
is called an “unlawful”
detainer, it is not used in a
criminal case.
It is used only in a civil
(non-criminal) case.
How
does a landlord serve an unlawful
detainer?
An
unlawful detainer must be served
(legally delivered) on you.
This may be done three
different ways.
•
Given to you in person, usually by
a Deputy Sheriff.
•
Given to a member of your
household, usually by a Deputy
Sheriff.
The household member must
be 16 or older.
The person serving the eviction
must explain what it is.
•
Posted on your front door and then
mailed to you by first class mail.
An
eviction
can be legally served on you, even
if you never actually get it.
If it was properly given to
a household member who didn’t
tell you about it, you still were
legally served.
If an eviction
was properly posted and mailed to
you but you never saw it, you
still were legally served.
Both these things are
unusual, but they do happen.
You should tell household
members to pay attention to court
papers, and you should pay
attention yourself.
What
do unlawful detainer papers say?
These
papers tell you the date, time,
and place of your court hearing.
The papers also tell you
amount of money the landlord is
claiming, such as rent,
interest, damages, late fees,
attorney’s fees and court costs.
The hearing may be
your only chance to dispute or
oppose the eviction and the claim
for money.
In
all eviction cases, go to the
hearing.
Get there early so you can
find your courtroom and watch how
the court handles other cases.
What
if I can’t go to my unlawful
detainer hearing?
If
you can’t go to General District
Court on the date of your unlawful
detainer hearing,
you
must ask the court for a new
hearing date.
This is called a
“continuance.”
Different General District
Courts have different rules for
getting a continuance.
In some courts, the Clerk
can give a continuance.
In other courts, only the
Judge can give a continuance.
To
find out the rule for your court,
call the Clerk’s Office as soon
as you know you can’t go to
court on the date of your court
hearing.
Ask to be told the rule to
get a continuance, and follow that
rule.
In addition to calling the
Clerk’s Office, it’s a good
idea to write and/or fax a letter
to the court explaining why you
need a continuance.
What
should I do at an unlawful
detainer hearing?
If
you go to General District Court
to dispute or oppose the eviction,
get prepared for your hearing in
advance.
Bring papers, receipts and
witnesses that support your case.
If a witness doesn’t want
to come to court, you can ask the
Clerk to subpoena the witness.
A
subpoena is a court order that
says a witness must come to court.
You must pay $12.00(subject
to change) for the subpoena, and
you must ask for it at least 10
days before your hearing date.
If you don’t have enough
money to pay this (or any other)
fee, ask the Clerk for the
“Petition for Proceeding in
Civil Case Without Payment of Fees
or Costs.”
This also is called “Form
CC-1414.”
Do
I need a lawyer in General
District Court?
You
don’t need a lawyer in General
District Court, but a lawyer can
help you.
You may have defenses to
the eviction.
What
defense could I have in a
non-payment of rent case?
Under
either the general law or the
VRLTA eviction law, if the only
reason the landlord has for
evicting is non-payment of rent,
you may stay in the rental unit if
you pay
all the rent and arrearage, and
court costs (plus any late
charges, interest, and
attorney’s fees based on a
written lease) on or before the first
eviction (unlawful detainer) court
date.
You
may pay these amounts owed to your
landlord, your landlord’s
attorney, or the court.
If you pay these amounts
owed, get a written receipt and
bring it to court on the first
court date.
If an unlawful detainer is
filed, you can prevent eviction
only once every 12 months that you
continue to live in the same place
by paying these amounts owed.
What
other defense could I have?
Under
the VRLTA, you may have defenses.
One defense is that the
landlord did not keep the place in
good shape.
To use this defense, you
must be current in rent and you
must tell the landlord about the
problem.
You should do this in
writing by certified mail to the
landlord, before the unlawful
detainer is filed.
You also must pay rent to
court instead of the landlord.
Another
defense is that the landlord wants
to evict because you complained or
used legal rights.
To use this defense, the
landlord must know that you
complained to the landlord or
government agency about a rental
housing problem, or that you
joined a tenant’s group, before
the unlawful detainer is filed.
Do
I have to go to the unlawful
detainer hearing?
If
you don’t want to oppose the
eviction, you don’t have to go
to court.
You won’t be arrested if
you do not go to court.
That only happens in
criminal cases.
This is a civil
(non-criminal) case.
If you don’t go to court,
and the other side does and proves
its case, you will lose the
eviction case.
In addition, if you don’t
go to court and the other side
does, the Writ of Possession to
allow the Sheriff to evict you can
be issued right away.
What
happens in court?
If
both sides come to court, the
Judge will hear both sides and
decide who wins.
If the judge rules in your
favor, you get to stay.
If the judge
rules in your landlord’s favor
and you came to court, the judge
must give you at least 10 more
days in which to move.
If you have not moved by
the end of the 10 days, the
landlord, based on the court
order, can get a Writ of
Possession.
This allows the Sheriff to
remove you and your belongings,
from the premises.
If
the judge
rules in your landlord’s favor
and you did not come to court, the
Writ of Possession may be issued
immediately.
Virginia landlord lock:
Under
either the general law eviction or
the VRLTA eviction law, the landlord
may not shut off utilities, lock the
tenant out of the rental unit, or
evict the tenant without giving
notice and going to court.
You do not have to move out
just because the landlord tells you
to leave and takes out an unlawful
detainer.
The landlord must wait until
a court order is issued.
These steps usually take more
than 2 months from the day the
tenant gets a notice to move out.
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