Evicting a tenant in Virginia can take around two to four months depending on the type of eviction being filed. If tenants request a jury trial, the process can take even longer.
Grounds for an Eviction in Virginia
In Virginia, a landlord cannot legally evict a tenant without cause. Legal grounds to evict include:
- Not paying rent on time
- Staying after the lease ends
- Violating lease terms
- Committing illegal activity
Depending on the grounds for eviction, the landlord must give proper notice and provide the tenant a chance to cure the violation.
| Grounds | Notice Period | Curable? |
|---|---|---|
| Nonpayment of Rent | 5 Days | Maybe |
| End of Lease or No Lease | 30 Days | No |
| Lease Violation | 30 Days | Maybe |
| Illegal Activity | None | No |
Nonpayment of Rent
In Virginia, a landlord can evict a tenant for not paying rent on time. To do so, they must first give 5 days’ notice to pay rent or vacate the premises. If the tenant does neither after that time, the landlord can move forward and file an eviction lawsuit.
Unless the lease states otherwise, rent is due at the beginning of each month and is considered late in Virginia the day immediately after its due date. Virginia landlords are not required to give tenants a rent payment grace period.
If rent is due on June 1st, it will be considered late starting on June 2nd, unless the lease specifically states there is a longer grace period.
Once rent is considered late, the landlord can begin the eviction process by serving the tenant with proper notice.
End of Lease or No Lease
In Virginia, a landlord can evict a tenant who does not have a lease (“tenant at will”) or has a lease that has terminated and continues to remain on the premises (“holdover tenant”). To do so, they must first terminate the tenancy by giving a proper 30 days’ notice to move out.
Once the tenancy ends, if the tenant remains on the property, the landlord can move forward and file an eviction lawsuit.
Lease Violations
In Virginia, a landlord can evict a tenant for violating the terms of their lease or not upholding their responsibilities under Virginia landlord-tenant law. Some violations allow the tenant to fix (“cure”) the issue to avoid removal and other violations do not allow the tenant to fix the issue (“incurable”) and must vacate by the end of the notice period.
If the violation is curable, the landlord can provide the tenant with a 30 days’ notice to correct the issue or vacate. The tenant will have 21 days to fix the violation, and if the violation is not corrected within 21 days the tenant will need to move out at the end of the 30-day notice period.
Examples of curable violations include:
- Allowing garbage to pile up on the premises
- Not reporting visible signs of moisture in the dwelling unit
- Not maintaining a certain level of cleanliness
If the tenant commits the same violation, the landlord may serve a 30 days’ notice to vacate. At that time, the tenant does not have the opportunity to fix the violation and must move out.
If the violation is not curable, the landlord can provide the tenant with a 30 days’ notice to vacate. The tenant isn’t given the opportunity to fix the issue and remain at the property. For incurable violations, a tenant must vacate the premises at the end of the 30-day notice period.
Examples of incurable violations include:
- Willfully causing damage to the dwelling unit
- Intentionally removing parts of the premises
If the tenant remains on the property after the notice period, the landlord can begin the eviction process.
Illegal Activity
In Virginia, a landlord can evict a tenant if they commit an illegal activity. Landlords are not required to give tenants prior notice and landlords may immediately file an eviction action with the court. The tenant does not have the option to fix the issue to avoid eviction.
Illegal activity includes:
- Criminal activity
- Illegal drug activity
- Violent acts that affect the health or safety of others
Illegal Evictions in Virginia
In Virginia, there are a few different types of evictions that are illegal. If found liable, the landlord could be required to pay the tenant actual damages sustained, statutory damages of $5,000 or 4-month’s rent, whichever is greater, plus reasonable attorneys’ fees.
“Self-Help” Evictions
A landlord is not allowed to forcibly remove a tenant by:
- Changing the locks
- Shutting off utilities
- Removing tenant belongings
A tenant can only be legally removed with a court order obtained through the formal eviction process.
Retaliatory Evictions
It is illegal for a landlord to evict a tenant in response to exercising a legally protected right. These rights include:
- Complaining about a building or housing code violation to the landlord or any authority tasked to enforce the law
- Filing a complaint to a government authority
- Joining a tenant’s union or organization
- Testifying in court against the landlord
In Virginia, all evictions follow the same process:
- Landlord serves tenant written notice of violations
- Landlord files a complaint with court for unresolved issues
- Court holds hearing and issues judgment
- Writ of eviction is issued
- Possession of property is returned to the landlord
Step 1: Landlord Serves Notice to Tenant
Virginia law isn’t strict or specific on method of delivery for an initial eviction notice. The law requires notice in writing. Electronic notice is allowed if provided for in the rental agreement, although the tenant can opt into paper notice upon request. Notice must be delivered to the tenant’s last known place of residence.
For maximum legal compliance, these are the methods of service accepted for an action in court:
- Hand delivery to the other party
- Only if personal service is not possible: Hand delivery to a family member at least age 16 who is residing at the property
- Only if no form of hand delivery is possible: Posting the notice at the front door or entrance of the property, PLUS mailed notice by first class mail including a certificate of mailing
Mailed notice extends a notice period by (3) calendar days, to account for variable delivery times. Additionally, a sheriff may deliver notice on behalf on the landlord for a service fee of $12 or less.
Landlords should always keep the original signed notice and declaration of service as proof of proper service if the case proceeds to court.
5-Day Notice to Pay Rent or Quit
If a tenant is late on paying rent (full or partial) in Virginia, the landlord can serve them a 5-Day Notice to Pay or Quit. This notice gives the tenant 5 days to pay the entire remaining balance or vacate the premises.
30-Day Notice to Quit
For a tenant with no lease or a month-to-month lease in Virginia, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. This eviction notice allows the tenant 30 days to move out.
For tenants that don’t pay monthly, the amount of notice differs:
| Rent Payment Frequency | Notice Amount |
|---|---|
| Week-to-Week | 7 Days |
| Month-to-Month | 30 Days |
30-Day Notice to Cure or Vacate
In Virgina, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice to Cure or Vacate. This eviction notice gives the tenant 21 days to fix the issue or move out.
30-Day Notice to Quit
In Virgina, if a tenant commits a violation that is irremediable or a subsequent violation, the landlord can serve them a 30-Day Notice to Quit. This eviction notice gives the tenant 30 days to move out without the option to fix the issue.
Step 2: Landlord Files Complaint with Court
As the next step in the eviction process, Virginia landlords must file a complaint in the appropriate circuit or District Court. In the Arlington Circuit Court, this costs $151 in filing fees.
The summons and complaint must be served on the tenant by a sheriff, professional process server, or anyone over the age of 18 not part of the case, at least 10 days prior to the hearing.
The summons and complaint may be served via one of the following methods:
- Giving a copy to the tenant in person
- Leaving a copy with the tenant’s family member who is 16 years or older
- By posting a copy at the rental unit AND mailing a copy to the tenant
- By publication (court-order only)
The summons and complaint must be served on the tenant at least 10 days prior to the hearing.
Step 3: Court Holds Hearing and Issues Judgment
The eviction hearing must be set no later than 21-30 days after the summons and complaint are filed with the court.
However, if either the landlord or tenant requests a jury trial, this will add more time to the process. If the tenant fails to appear for the hearing, the judicial officer may rule in favor of the landlord.
If the judge rules in favor of the landlord, a writ of eviction will be issued and the eviction process will proceed.
The hearing must be held no later than 21 to 30 days after the summons and complaint are filed with the court.
Step 4: Writ of Eviction Is Issued
The writ of eviction is the tenant’s final notice to leave the rental unit, and must be requested by the landlord.
It may be issued as soon as 10 days after the date the judgment was entered in favor of the landlord; but if the writ of eviction is not requested within 180 days, the landlord will need to begin the eviction process all over again.
he writ of eviction can be issued 10 days after the date the court rules in the landlord’s favor; but it must be requested within 180 days at the very latest.
Step 5: Possession of Property is Returned
Within 15-30 days of receiving the writ of eviction, the sheriff or constable must deliver the writ to the tenant or post the writ on the rental property if the tenant cannot be found.
Once the writ has been delivered or posted, the tenant will then have 72 hours to move out of the rental unit before the sheriff or constable returns to forcibly evict them.
The sheriff must deliver the writ within 15-30 days of receiving it, and tenants will have 72 hours once the writ of eviction has been delivered or posted to move out of the rental unit.
Virginia Eviction Process Timeline
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 Virginia Eviction Process
Virginia Eviction 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 |
Sources
- 1 VA Code §55.1-1245 (2019)
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F. If rent is unpaid when due, and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord’s intention to terminate the rental agreement if the rent is not paid within the five-day period, the landlord may terminate the rental agreement…
- 2 VA Code §55.1-1253 (2019)
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A. The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date …
- 3 VA Code §55.1-1245 (2019)
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A…if there is a material noncompliance by the tenant with the rental agreement or a violation of § 55.1-1227 materially affecting health and safety, the landlord may serve a written notice on the tenant…stating that the rental agreement will terminate…not less than 30 days after receipt of the notice if the breach is not remedied in 21 days…
- 4 VA Code §55.1-1245 (2019)
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E. If the tenant has been served with a prior written notice that required the tenant to remedy a breach, and the tenant remedied such breach, where the tenant intentionally commits a subsequent breach of a like nature as the prior breach, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.
- 5 VA Code §55.1-1245 (2019)
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C. If the tenant commits a breach that is not remediable, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.
- 6 VA Code §55.1-1245 (2019)
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C…any illegal drug activity involving a controlled substance…or any activity that involves or constitutes a criminal or willful act that also poses a threat to health and safety, by the tenant, an authorized occupant, or a guest…of the tenant shall constitute an immediate nonremediable violation for which the landlord may proceed to terminate the tenancy…
- 7 VA Code §55.1-1243.1 (2019)
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A…landlord has willfully and without authority from the court (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation….D. In a full hearing on a petition filed pursuant to this section and upon evidence presented establishing one or more of the factors in subsection A, the tenant shall recover (i) the actual damages sustained by him; (ii) statutory damages of $5,000 or four months’ rent, whichever is greater; and (iii) reasonable attorney fees.
- 8 VA Code §55.1-1258 (2019)
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A… landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to § 55.1-1253 or 55.1-1410 after he has knowledge that (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety, (ii) the tenant has made a complaint to or filed an action against the landlord for a violation of any provision of this chapter, (iii) the tenant has organized or become a member of a tenant’s organization, or (iv) the tenant has testified in a court proceeding against the landlord…
B. If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. The burden of proving retaliatory intent shall be on the tenant.
- 9 VA Code §8.01-293 (2019)
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1…The sheriff within such territorial bounds as described in § 8.01-295; 2. Any person of age 18 years or older and who is not a party or otherwise interested in the subject matter in controversy…or 3. A private process server…
- 10 VA Code §8.01-126 (2019)
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B. …If the summons for unlawful detainer is filed…pursuant to the Virginia Residential Landlord and Tenant Act…the initial hearing…shall occur…not more than 21 days from the date of filing…but in no event later than 30 days after the date of the filing…Such summons shall be served at least 10 days before the return day thereof.
- 11 VA Code §8.01-296 (2019)
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1. By delivering a copy…in person; or 2.a …to any…member of his family…or 2.b…by posting a copy…at the … main entrance of such place of abode, provided that…the party causing service …mails…a copy…and thereafter files in the office of the clerk of the court a certificate of such mailing. 3. If service cannot be effected… then by order of publication in appropriate cases…
- 12 VA Code §8.01-129 (2019)
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B. …In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration of the defendant’s 10-day appeal period. If the defendant perfects an appeal, the sheriff shall return the writ to the clerk who issued it.
- 13 VA Code §8.01-471 (2019)
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Writs of eviction, in case of unlawful entry and detainer, shall be issued within 180 days from the date of judgment for possession and shall be made returnable within 30 days from the date of issuing the writ…
- 14 VA Code §8.01-470 (2019)
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The execution of the writ of eviction by the sheriff should occur within 15 calendar days from the date the writ of eviction is received by the sheriff, or as soon as practicable thereafter, but in no event later than 30 days from the date the writ of eviction is issued.
- 15 VA Code §8.01-470 (2019)
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…the officer to whom a writ of eviction has been delivered to be executed shall, at least 72 hours before execution, serve notice of intent to execute, including the date and time of execution…on the defendant in person or…by posting a copy…the main entrance of such property.
- 16 Va. Code § 55.1-1202(A) & (B)
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A. If the rental agreement so provides, the landlord and tenant may send notices in electronic form; however, any tenant who so requests may elect to send and receive notices in paper form. If electronic delivery is used, the sender shall retain sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.
B. In the case of the landlord, notice is served on the landlord at his place of business where the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication.
In the case of the tenant, notice is served at the tenant’s last known place of residence, which may be the dwelling unit.
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