This guide breaks down the Virginia eviction process step by step, covers common eviction reasons, differentiates required notices, outlines legal timelines, and explains key landlord-tenant laws every property owner should understand before heading to court.
How Virginia Law Defines Eviction
Eviction in Virginia is when a landlord legally reclaims possession of a rental property through the court system after a tenant violates lease terms, fails to pay rent, or makes another evictable mistake. Every step must follow strict legal procedures to remain valid and enforceable.
You can find Virginia’s eviction laws in the Virginia Residential Landlord and Tenant Act, located in Va. Code Ann. §§ 55.1-1200 through 55.1-1259, which outlines notice requirements, filing rules, and court procedures.
Eviction With Lawful Grounds
In Virginia, a landlord can only remove a tenant for specific, lawful reasons, like unpaid rent, a serious lease violation, or a holdover after proper notice.
In Virginia, most evictions begin when tenants miss payments, damage property, or fail to comply with key lease terms. For example, a landlord in Norfolk might file an unlawful detainer after 5 days of unpaid rent, while a Roanoke property owner could act when a tenant refuses to leave after their lease expires.
Clear documentation makes all the difference. Keep a detailed rent ledg text or email records, and photograph damage before heading to court. Judges in Virginia’s General District Courts expect tangible proof when deciding whether an eviction stands.
Applicable law: Va. Code Ann. § 55.1-1250, Va. Code Ann. § 8.01-127
No-Fault Evictions
In Virginia, landlords can’t evict tenants under a fixed-term lease simply because they want the property back early. Once the lease expires, however, they can choose not to renew (no explanation needed) by giving written notice at least 30 days before the term ends.
Month-to-month renters follow similar rules but on a shorter leash. Either party may end the tenancy by giving 30 days’ written notice before the next rent due date. Landlords don’t need a reason, but should always document the communication in case disputes arise later.
Applicable law: Va. Code Ann. § 55.1-1253
Grounds for Eviction in Virginia
Landlords in Virginia may evict tenants for several legally recognized reasons, which include:
Non-Payment of Rent
When a Virginia tenant skips rent, landlords must act fast and follow the law to the letter. State law gives tenants a short window (5 days after rent is due) to make payment unless the lease provides otherwise. Once that period ends, landlords can issue a 5-Day Notice to Pay or Quit, demanding full payment or surrender of the property.
Courts expect precise documentation, so landlords should keep dated notices and payment records on hand. A clean paper trail could make all the difference if the case ends up in front of a judge.
Applicable law: Va. Code Ann. § 55.1-1204, Va. Code Ann. § 55.1-1245
Lease Violations
A lease agreement sets the tone, outlines every rule, and keeps things running smoothly. When a tenant breaks those terms, Virginia law gives landlords the right to take action under the Virginia Residential Landlord and Tenant Act.
Here’s what that might look like in real life:
- A tenant swaps your sturdy front door for a flimsy replacement to make short-term Airbnb rentals easier,breaking both your alteration and subletting clauses.
- A renter transforms their living room into a weekend party hub, drawing crowds and late night noise that draws complaints from the neighbors
- Someone fires up a barbecue business in their back yard, violating your no-commercial-use policy.
A rental contract only works when enforced consistently. Document violations as they happen, communicate clearly, and hold tenants accountable.
Applicable law: Va. Code Ann. § 55.1-1245, Va. Code Ann. § 55.1-1241
Illegal Use of the Premises
Virginia law gives landlords the right to evict tenants who commit criminal acts on or near the property. Imagine a tenant in Norfolk running an illegal gambling ring out of the garage, another in Richmond selling stolen tools from the porch, or someone in Arlington waving a firearm at neighbors. Each offense gives the landlord firm legal standing to start eviction proceedings and reclaim possession through the courts.
Applicable law: Va. Code Ann. § 55.1-1245(C)
Tenant Actions that Threaten Health or Safety
When a tenant’s actions put others in danger, Virginia law gives landlords apparent authority to step in fast.
Some examples of health and safety violations include:
- Hoarding flammable materials like propane or kerosene in a non-ventilated basement.
- Removing all smoke and carbon monoxide alarms, leaving the property vulnerable.
- Running an illegal kitchen operation that turns the unit into a firetrap.
Landlords should act decisively: photograph the problem, send written notice demanding correction, and file for eviction if the tenant refuses to fix the issue. State law still holds you responsible for providing safe, livable housing, even when tenants create the danger.
Applicable law: Va. Code Ann. § 55.1-1220, Va. Code Ann. § 55.1-1234.1
Destruction or Neglect of the Rental Unit
When a tenant damages your property or lets it deteriorate through neglect, Virginia law gives you the right to take action. Think water-damaged drywall from ignored leaks, cracked tiles from rough use, or a yard buried under piles of trash and debris. These situations clearly violate the lease and create health or safety concerns.
To prove property damage, inspect the unit thoroughly and document everything with dated photos or video as soon as possible. Compare the current condition to your original move-in inspection report, collect repair estimates from licensed contractors, and send the tenant a written notice explaining the damage.
Applicable law: Va. Code Ann. § 55.1-1214, Va. Code Ann. § 55.1-1251
Tenant is in a Month-to-Month Rental Contract
Under Virginia law, landlords may end a month-to-month rental agreement without needing a cause. They must give at least 30 days’ written notice before the next rent due date.
If the property is a multifamily premises and the landlord fails to renew either 20 or more month-to-month tenancies (or 50% of them) within a consecutive 30-day period at the same building, the landlord must give at least 60 days’ written notice to each tenant.
Applicable law: Va. Code Ann. § 55.1-1253
Step-by-Step Eviction Process in Virginia
Landlords in Virginia must follow a strict, court-supervised process when removing a tenant. Every eviction moves through a seven-step legal procedure that ensures proper notice, filing, judgment, and tenant removal.
Here are the steps landlords must take, in order:
1. Deliver Notice to the Tenant
First, the landlord will identify the specific cause for eviction, whether it’s unpaid rent, a lease violation, or illegal activity. The next step is to serve the proper notice type. In Virginia, that could mean a 5-Day Notice to Pay or Quit for rent defaults, a 30-Day Notice to Cure or Quit for fixable lease breaches, or a 30-Day Unconditional Quit Notice for serious, non-curable violations.
If the tenant commits a willful or criminal act that threatens health or safety, the landlord may skip notice entirely and move straight to court. Each notice must be delivered following Virginia’s legal service rules (personal delivery, posted notice with mailed copy, or Certified Mail) and landlords should keep detailed records of each step.
Notice Forms & Timelines
- 5-Day Notice to Pay or Quit for unpaid rent: Tenant must pay rent within 5 days or face eviction.
- 30-Day Notice to Cure or Quit for curable lease violations: Tenant has 21 days to fix the issue; if not, the tenancy ends after 30 days.
- 30-Day Unconditional Quit Notice for serious or non-curable breaches: Tenant must vacate by the notice deadline.
- Immediate termination for criminal or willful acts that threaten health or safety.
Applicable law: Va. Code Ann. § 55.1-1245
2. File an Eviction Lawsuit Against the Tenant
Once the notice period ends, or the tenant ignores a curable violation, the landlord will need to file a Summons for Unlawful Detainer in Virginia’s General District Court. This filing initiates the legal process to regain possession of the property and formally evict the tenant.
Filing fees usually range from $50 to $100, depending on the county and the method of service (sheriff delivery or private process server). After the paperwork is submitted, the court clerk will assign a hearing date and notify both parties. In busy courts like Fairfax or Henrico, hearing dates can fill quickly, so landlords should file as soon as the notice period expires.
Applicable law: Va. Code Ann. § 8.01-126, Va. Code Ann. § 55.1-1245
3. Serve Court Summons Paperwork to the Tenant
Once the court clerk assigns a hearing date, the landlord will arrange for either a sheriff, licensed process server, or another adult (uninvolved in the case) to serve the tenant with the summons and complaint. The landlord will complete the Summons for Unlawful Detainer form and include a proof of service, ensuring every step complies with Virginia law.
After being served, the tenant may complete a Tenant Case Information Statement if the court requires it. Both landlord and tenant will appear in General District Court on the scheduled date, ready to present their documentation, evidence, and testimony before the judge.
Applicable law: Va. Code Ann. § 8.01-126, Va. Code Ann. § 8.01-293
4. Attend the Eviction Hearing
When the court date arrives in Virginia’s General District Court, the landlord will have a chance to make their case. They should bring the lease, notice to quit, proof of service, rent ledger, photos, and any communication that supports their claim. The tenant (or their attorney) will do the same, offering evidence and defenses to explain why they should remain in the property.
The judge will guide the hearing, asking questions, reviewing witness statements, and examining all submitted materials. In cities like Richmond or Virginia Beach, where dockets move quickly, a clear presentation and organized paperwork will help the landlord keep the process on track.
Applicable law: Va. Code Ann. § 8.01-126
5. Court Reaches a Ruling
After the hearing and presentation of all evidence, the judge will render a decision. In Virginia, landlords typically receive a Judgment for Possession within a few days to a week after the hearing (though processing times vary by county).
If the judge rules in favor of the tenant, the tenant will be allowed to remain in the property unless the landlord appeals or files a new action. If the judge rules in favor of the landlord, the landlord will obtain a judgment granting possession and may request a Writ of Eviction. The tenant will have 10 days to appeal that judgment, during which the sheriff cannot execute the writ.
Applicable law: Va. Code Ann. § 8.01-126, Va. Code Ann. § 8.01-129
6. Judge Issues a Writ of Possession
When the judge rules in favor of the landlord, the next step is to request a Writ of Possession from the clerk of the General District Court. This legal document gives the sheriff authority to remove the tenant and return the property to the landlord. It represents the final court order before physical eviction.
Once the writ is issued, the sheriff will post or deliver a written eviction notice to the tenant at least 72 hours before the scheduled removal date. The sheriff must complete the eviction within 15 days of receiving the writ (and never later than 30 days after it’s issued). The writ also remains valid for 180 days from the date of judgment.
Applicable law: Va. Code Ann. § 8.01-470, Va. Code Ann. § 8.01-471
7. Law Enforcement Executes the Writ of Possession
If the tenant refuses to leave by the final deadline, the county sheriff will take over the eviction, posting a 72-hour notice before physically removing the tenant and their belongings. Landlords should never attempt self-help eviction, as only law enforcement can carry out this step.
After the eviction, landlords must handle any leftover belongings under Virginia’s abandoned property laws. The landlord must notify the tenant that items will be disposed of within 24 hours after a 7- or 10-day period expires. Once that window closes, the landlord can remove, sell, or discard the property and apply any proceeds toward unpaid rent or damages.
Applicable law: Va. Code Ann. § 8.01-470, Va. Code Ann. § 55.1-1254
Tenant Defense Against Eviction in Virginia
An eviction can ripple through a tenant’s life, affecting credit, job applications, and even their children’s schooling. Thankfully, tenants in Virginia aren’t powerless. With the right strategy and documentation, they can stand up for their rights and slow the process down.
Sometimes, small moves make a big difference. Tenants who keep payment records, communicate in writing, and report repair issues early often avoid disputes altogether. Others can negotiate payment plans, request mediation through local courts, or resolve problems before the case reaches a judge.
If the process becomes too much, help is within reach. Legal Aid Works and the Virginia Poverty Law Center offer free or low-cost assistance to qualifying tenants. Contact them to connect with attorneys who understand Virginia eviction laws and know how to protect tenant rights in court.
Timelines to Expect
In Virginia, an eviction can be completed in 2 to 4 months but can take longer depending on the reason for eviction, whether the eviction is contested, which days courts are (or aren’t) in session and other various possible delays.
Below are the parts of the Virginia eviction process outside the control of landlords for cases that go uncontested.
| Step | Estimated Time |
|---|---|
| Initial Notice Period | 5-30 Calendar Days |
| Court Issuing/Serving Summons | 10 Business Days |
| Court Ruling | 21-30 Business Days |
| Issuance of Writ of Eviction | 10 Business Days |
| Serving Writ of Eviction | 15-30 Calendar Days |
| Final Notice Period | 72 Hours |
Flowchart of the Virginia Eviction Process
Typical Court Fees
The cost of an eviction in Virginia for all filing, court, and service fees can vary based on the county. For cases filed in General District Court, the average cost is $110.
| Fee | General District |
| Initial Court Filing | ~$48+ |
| Summons Service | ~$12+ |
| Writ of Eviction Service | $25+ |
| Writ of Eviction Execution | $25 |
| Notice of Appeal Filing (Optional) | $50 |
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