For career landlords, you may find yourself evicting a tenant from their rented premises.
After all, what other options would you have if a tenant violates a term of the lease, such as refusing to pay the rent due after repeated inquiries and reminders?
This, however, doesn’t mean you can lock out the tenant or shut off the tenant’s utilities. You must continue abiding by the Virginia landlord tenant law till the end of it all.
The following is the process you must follow for a successful tenant eviction process.
What is the Eviction Process in Virginia?
The successful eviction of a tenant from their rented premises requires strict compliance with the rental laws and security deposit laws.
Any mistakes, whether intentional or otherwise, or even procedural, are bound to reduce your efforts to rubble.
Here are the steps you must take for the swift and successful eviction of a tenant in Virginia:
Just Cause
You must have a just cause to even begin an eviction exercise against a tenant. A just cause is simply a legitimate reason for eviction. In Virginia, legitimate reasons for eviction include the following:
Tenant’s failure to pay rent after it became due.
Tenant’s failure to move out after their lease expired.
Violation of a lease term.
Engaging in an illegal activity while at the premises.
Once you have any of these reasons, you’d be legally justified under state law to begin the eviction process against the tenant.
Otherwise, the eviction could be considered harassment and you could be liable to certain civil and punitive damages.
Eviction Notice
To move on with the eviction, you must serve the tenant with an eviction notice. The type of notice to use must be appropriate for the just cause.
The following are the notice types a landlord can use to evict a tenant under the Virginia Landlord Tenant Act:
5-Day Notice to Pay Rent or Quit
This is the notice you need to serve to a tenant who fails to pay rent on time. You can serve it the day rent becomes late, which is usually a day after the due date.
Virginia law doesn’t require landlords to provide tenants with a grace period. If the lease provides it, make sure to follow it.
For instance, if it gives tenants a grace period of 5 days, then you must wait until the 6th day to serve the notice.
You’ll then have to wait for another 5 days for the tenant to either pay the rent due or move out. If the tenant doesn’t, you could move to court and file an eviction lawsuit.
30-Day Notice to Quit for Tenants with No Lease
A tenant without a lease lives at the will of the landlord. That’s why such tenants are referred to as “tenants at will.” As a landlord, you could evict them at any point during their tenancy.
The notice would give the tenant up to 30 days to move out. If at the end of the 30 days the tenant doesn’t move out, you could take up the matter with the court for resolution.
30-Day Notice to Cure or Vacate for Minor Lease Violations
This notice applies to tenants who commit minor lease violations. Examples include not ensuring the unit is clean or sanitary, and not reporting issues on time.
The tenant will have 21 days to fix the issues or else move out at the end of the 30 days. For tenants who repeat the same violation within 30 days, you wouldn’t need to allow them to fix the violation.
You could just go ahead and serve them the 30-day eviction notice.
An example of an incurable violation is willful property damage, property alteration, or repeat of minor violations.
For tenants who engage in illegal activity, no notice is mandated. You could just go ahead and ask them to leave immediately. If they refuse to do so, the courts would be your next course of action.
Please note that eviction notices need to be served in a legally-ordered manner.
Options include hand delivery to the tenant, hand delivery to an occupant of at least 16 years old (in the tenant’s absence), or posting it on the front door.
The last option would also require you to mail another copy to the tenant by first-class mail.
Court Hearing
After filing a lawsuit in court, a hearing will usually be scheduled no later than between 21 and 30 days later.
If the tenant appears for the hearing, they may try to fight or stop their eviction by providing the following legal defenses.
The process was flawed.
The tenant cured the violation. For example, they paid rent within the notice period
The eviction process was based on a class protected by the Fair Housing Act.
The tenant withheld the rent because the landlord failed to keep the unit habitable.
The eviction notice was improperly served by the landlord.
Writ of Eviction
If the ruling is in your favor, and you have been granted possession of the property, you must file a writ of eviction with the court.
This will authorize the forceful eviction of the tenant by the sheriff if the tenant is still adamant about staying.
The sheriff has between 15 and 30 days after receiving the writ of execution to serve it to the tenant.
After successfully serving it to the tenant, the tenant will then have 72 hours to move out or else be forcefully evicted.
Conclusion
Now you’re familiar with what you must do when trying to evict a tenant from your Virginia rental property!
If unsure of what to do at any point, or the entire process seems arduous, hiring an expert would be ideal. That's where Abrams Realty comes in!
At Abrams Realty, we are synonymous with reliability and consistency when it comes to offering quality property management services.
From rental marketing, tenant screening, repairs and maintenance, and legal compliance issues, we’ve got you covered. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
