As a landlord, protecting your rental property sometimes makes it necessary. Over the last 5 years, there have been 675,000 eviction cases filed in Virginia, and they’re often not straightforward. What’s more, mistakes can lead to delays, legal disputes and lost income, and with Virginia eviction laws dictating how cases must be handled, understanding the rules is essential in ensuring a smooth eviction process.
Whether issuing an eviction notice or filing an unlawful detainer action, each step must be carefully followed, or you risk allowing your tenant to remain in your rental unit long after their lease is up. So, come with us now as we delve into the things Virginia property management professionals should know in order to be fair and compliant as a landlord in the Old Dominion state.
Virginia Eviction Laws: The Key Terms to Know
So, before we get started in explaining the Virginia eviction process, you should be aware of certain legal terms that will help make things make more sense. Let’s take a look at them now.
- Eviction Notice – This is a formal warning from you, the landlord, to the tenant that an eviction may take place. The type of notice you’ll need to serve will depend on the reason for eviction.
- Unlawful Detainer – The official name in Virginia for a lawsuit that’s filed by the landlord when a tenant refuses to leave after receiving an eviction notice.
- Lease Agreement – A legally binding contract between a landlord and a tenant, outlining rent terms, responsibilities, and rules for the rental unit.
- Writ of Eviction – A court order that permits law enforcement to remove the tenant from the rental unit if they fail to vacate voluntarily.
- Judgment for Possession – This is when the court rules in favor of the landlord, granting them legal authority to reclaim the rental property after a successful eviction hearing.
Pro Tip: Timing matters—filing an unlawful detainer action too soon or too late can hurt your eviction case. Always verify the required notice periods before proceeding (something we cover further down in this article).
Eviction Laws and Landlord-Tenant Responsibilities
As a landlord, knowing your legal obligations is crucial when managing a rental unit in Virginia. Virginia eviction laws require landlords to follow the proper eviction procedure, and any misstep can result in eviction case delays or dismissal.
Before taking legal action, landlords must serve a valid eviction notice that complies with Virginia landlord-tenant law. In many cases, an unlawful detainer action must be filed in court before a tenant can be removed. Tenants also have rights, including the ability to contest eviction proceedings or negotiate repayment of overdue rent.
To avoid delays or legal challenges, landlords should be fully prepared before beginning the Virginia eviction process. Navigating Virginia eviction laws can be complex and feel a little overwhelming, but several resources are available to help you through the process. Firstly, there’s the Virginia Department of Housing and Community Development, which offers guidance on proper eviction procedure rules.
Then there’s Virginia’s Online Case Information System, which allows landlords to track eviction cases in real time, and of course, TenantCloud - the software platform that takes much of the legwork out of a range of property management tasks.
Pro Tip: Before filing an unlawful detainer lawsuit, be sure to check Virginia’s Online Case Information System to see if your tenant has past eviction cases, as a history of eviction proceedings can indicate you’ll face potential challenges in court.
Related: What is a Guarantor and When Might You Need One?
A Step-by-Step Guide to the Virginia Eviction Process
In addition to gaining knowledge from the resources shown above, it’s also a good idea to have a firm grasp of how the eviction process typically goes. We start by looking at the eviction notice, which must be filed correctly before filing an unlawful detainer lawsuit and obtaining a court ruling. Getting through this part of the eviction process properly is vital in order to avoid legal complications.
Step 1: Issuing the Eviction Notice
In order to get your eviction case started, you must serve the tenant with a legally required eviction notice. The type of notice depends on the reason for the tenant eviction:
- 5-Day Pay or Quit Notice – This is what you’ll need to provide when your tenant fails to pay their rent. Doing so will give them five days to pay or face further legal action.
- 30-Day Lease Violation Notice – Should your tenant break the terms of their lease agreement, such as by damaging your rental unit or violating occupancy rules, you’ll provide this notice. If the issue is not corrected within 30 days, you can move forward with eviction proceedings.
- Immediate Notice for Illegal Activity – However, if there’s illegal activity occurring on the property, you can carry on with the eviction lawsuit without waiting.
Of course, if your tenant resolves the issue (by paying overdue rent or fixing the lease violation), the eviction process ends. If that doesn’t happen, your unlawful detainer lawsuit can start.
Step 2: Filing Your Unlawful Detainer Lawsuit
After the stated time on your eviction notice has passed, you’ll be filing your unlawful detainer lawsuit with the local civil division of the Virginia court system. Here are a few things landlords need to know about what happens after this particular action.
- A formal complaint is filed in court, and the tenant is served with a summons.
- The landlord must pay court filing fees, which vary by location (on average, it’s around $64)
- Your tenant has the right to respond and contest the eviction lawsuit before the eviction hearing, as is standard in most states.
This lawsuit officially starts the eviction proceedings and requires both parties to present their case in court - if it reaches that point.
Step 3: The Eviction Hearing
Typically speaking, this hearing occurs within 21 days, however, it can take longer. If your local housing court has a backlog, it can be a couple of months before you get a court date. Once the eviction hearing arrives, a judge will review the case and provide a verdict.
Possible Outcomes:
- The judge rules in your favor – If this eventuality occurs, the court will issue a judgment for possession, allowing you to move forward with the eviction.
- Your tenant wins – If you made errors, such as by serving the wrong type of eviction notice, the judge may rule in the tenant’s favor and dismiss the case.
- A settlement is reached – In some cases, the judge may allow the tenant to stay if overdue rent is paid within a set timeframe.
In these cases, if the landlord prevails, the final step is enforcing the eviction order.
Step 4: Post-Judgment Actions & Scheduled Eviction
In the event that the court rules in your favor, a writ of eviction is issued. This document gives the local sheriff’s office permission to remove the tenant from the rental unit. So, what happens next?
- Your tenant is given a deadline to vacate, typically 10 days.
- If your tenant refuses to leave, law enforcement will carry out the scheduled eviction.
- You regain legal possession of the rental property.
The scheduled eviction won’t happen immediately—it depends on when the sheriff’s office has availability. Delays can occur, so follow up with them regularly to stay informed on timing.
Pro tip: To prevent future eviction cases, you should thoroughly screen potential tenants. Checking eviction records can help identify tenants with a history of past rental issues.
What is Involved in Issuing a Writ of Eviction in Virginia?
A writ of eviction is the final step in the Virginia eviction process, and it’s something that allows you to legally and physically remove the tenant from your rental unit. However, that doesn’t give you the right to remove them yourself or take any self-help eviction measures, such as turning off the electricity.
Instead, local law enforcement is given the authority to carry it out. In this section, we’ll briefly look at what’s involved in a writ of eviction, as it determines how and when it will be enforced.
What is a Writ of Eviction?
A writ of eviction is a legal document issued by the court, and it grants you, the landlord, possession of the rental property. It’s necessary before law enforcement will step in and intervene to remove them. If the court grants you an eviction order, you need to do the following to get your writ of eviction:
- File for the Writ – First, you submit a request to the local court, asking for the writ to be issued.
- Pay the Required Fees – Courts may charge a small fee to process the writ.
- Sheriff’s Office Notification – The writ is then sent to the sheriff’s office, which schedules the eviction according to availability.
- Issuance of Final Notice to the Tenant – Lastly, the tenant is given a final notice (typically 10 days) to vacate voluntarily.
The Tenant’s Rights and Potential Delays
Even after you’ve received a writ of eviction in Virginia, your tenant may still have options to delay or prevent removal, including:
- The Right of Redemption – In some cases, a tenant might be able to stop the eviction by paying all unpaid rent, fees, and court costs before the scheduled eviction. (Keep reading to find out more about Acceptance of Rent with Reservation and Right of Redemption)
- Filing an Appeal – If your renter believes the eviction order was granted unfairly, they can appeal the ruling, which can potentially result in a postponing of the enforcement.
- Eviction Defenses – If your tenant can prove you failed to follow Virginia eviction law, the court may reconsider the case.
Expanding on tenant eviction defenses, there are a number of reasons why a judge may not look on your case favorably. In addition to errors made when serving eviction notices, you could have a ruling against you if you broke Virginia’s Fair Housing Laws by discriminating against protected classes.
Also, if it can be proven that you have not kept the rental unit in a habitable condition or you’re evicting them for retaliatory reasons (e.g. because they legally reported Virginia code violations), it can work against you in court.
Pro Tip: A writ of eviction isn’t a magic fix—tenants can still fight back. Double-check your paperwork, follow up with the sheriff, stay organized, document everything, and be ready for last-minute legal hurdles.
Related: Top 10 Questions to Ask Potential Tenants: How to Find Good Renters
What is Acceptance of Rent with Reservation and Right of Redemption?
When it comes to Virginia eviction cases, two legal concepts can majorly impact the outcome. They are Acceptance of Rent with Reservation and the Right of Redemption. Essentially, these rules govern when a landlord can accept rent while still proceeding with an eviction, as well as when a tenant can stop an eviction by paying overdue rent. Here’s a more detailed explanation of each.
What is Acceptance of Rent with Reservation?
Under Virginia eviction laws, a landlord may sometimes choose to accept a rent payment from a tenant while still moving forward with an eviction case. This is known as an acceptance of rent with reservation, and it applies when:
- A tenant has violated the lease agreement (e.g., late rent payment, property damage)
- The landlord accepts overdue rent but still intends to evict.
- A written notice is provided, stating that accepting the rent payment does not waive the landlord’s right to continue with eviction proceedings.
If you decide to accept rent without this notice being provided, it may invalidate the eviction lawsuit, as the court could view it as you reinstating the tenant’s right to remain.
What is the Right of Redemption?
The Right of Redemption allows a tenant to stop an eviction by paying all unpaid rent and any associated costs before the scheduled eviction. If your renter meets this payment deadline, you’re not allowed to proceed with the eviction case.
Once the payment is made in full, eviction proceedings are legally halted. However, this right is only available once per lease term. Should your tenant fall behind again, they may not be able to use the right of redemption a second time.
Pro Tip: Timing matters. If a tenant uses the Right of Redemption, they must pay before the court issues the final eviction order—once that happens, redemption is off the table. Act quickly, and don’t rely on last-minute payments.
What Should a Landlord Do When There Is a Dispute or Problem?
How you handle conflicts with tenants can play a big part in determining whether the problem is resolved quickly or escalates into a long, drawn-out legal battle. This is where knowing Virginia eviction laws and what the right steps are can help you avoid unnecessary arguments.
The best way to handle disputes like these is to stop them from happening in the first place. With that in mind, there are a number of ways you can diffuse these flash points.
Have a Strong Lease Agreement
You’ll do much to create a firm foundation for success with a strong, well-written lease agreement in place. In it, you need to clearly outline rent payment terms, lease violations, and tenant responsibilities. It should also specify late fees, security deposit rules, and procedures for lease termination to avoid misunderstandings.
Keep Accurate Records
Everything that happens between you and your tenant needs to be documented, including all communications. This can be so important as evidence in case of a dispute, as keeping all digital and physical copies of all records can help to protect yourself against false claims.
Carry Out Proper Tenant Screening
Don’t assume that any tenant is legit and above board until you’ve carried out thorough tenant screening. Tools like TenantCloud’s Portable Tenant Screening Report allow you to check a person’s eviction records and credit history, as well as obtain employment verification and references from previous landlords. This will greatly reduce the risk of late payment and property damage.
Encouraging Open Communication
Fundamental to good tenant-landlord relations is open communication. So, if a tenant raises issues with you, respond quickly, as it will help to stop minor issues from turning into major ones. In fact, fostering good communication with your tenants from minute one will typically increase the chances of them staying longer and cooperating with regular inspection.
Pro Tip: Set clear expectations from day one—when tenants understand the rules upfront, there’s less room for conflict down the road. Clarity prevents disputes and ensures a smoother rental experience.
Related: The Best Communication Tools for Property Managers
TenantCloud – Making Life Easier for Landlords in Virginia in 2025
While knowing everything that we’ve covered won’t make the decision to evict someone any easier, it will ensure that you and your rental property are protected. Evictions can still happen, even when you’re running a tight ship, so it’s just prudent to have a comprehensive understanding of Virginia eviction laws and follow them to the letter. Learning them will ensure that when evictions do arise, you’re able to take them in your stride - something we hope this article has helped you with.
Another way to make your life in residential or commercial property management easier is to make use of TenantCloud - the feature-rich platform that can deal with many of the time-consuming jobs that people in this role have to face. Whether you need automated rent collection, maintenance management, or accounting, our software has got your back.
So, if you’re interested in knowing more about a more efficient way to manage your rental units, take a moment to explore our website and see how TenantCloud can supercharge your workflow. Alternatively, if you’d like to speak with our team about your specific needs, call 1-737-300-9331 today, and they’ll be more than happy to help any way they can.
