Virginia Eviction Notice Forms | Notice to Quit | PDF
The Virginia eviction forms force a tenant to leave property for breaking their lease due to either non-payment of rent or for any other reason. Landlords have to exercise a formal eviction process by law which involves serving the tenant notice, and if individual refuses to leave, to follow the court procedures. If landlord or tenant has questions about the laws they should view Title 55 Chapter 13.2 otherwise known as the Virginia Residential Landlord and Tenant Act.
Virginia Eviction Process
1. Notice
If the tenant has not paid rent, the landlord can give the tenant a 5-day notice to pay the rent or move out. If the tenant has violated the lease in another way, the property owner should use a notice that the tenant has 30 days to leave or correct the violation. The owner can serve the tenant personally, or request the sheriff serve the tenant by paying a fee.
2. Summons and Complaint for Unlawful Detainer
Next, the owner may file a Summons for Unlawful Detainer if the tenant did not leave the property or fix the violation. Owners must bring copies of the notice and file these documents at the District Court. The court will issue a summons to be served by the sheriff to the tenant and assign a date for the parties to appear at a hearing.
3. Hearing
Tenants must appear at the hearing if they do not want to be evicted. If they do not, the landlord will win the case. Each party may try to prove his or her side of the case, as in other trials. For example, the property owner may argue that the tenant failed to pay rent by presenting the lease and a payment record that shows the tenant failed to pay the rent that the lease demanded. Tenants may argue that the landlord’s accusations are false, or that the living conditions were not legally adequate. In either case, parties should bring relevant evidence such as copies of the lease, photographs, repair records, and witnesses.
If the court rules in favor of the landlord, the tenant must move out shortly. If the tenant fails to do so, the landlord can get a Writ of Possession by filing after the ten (10) day appeals period. The sheriff will serve this to the tenant, and then the tenant will have 72 hours to leave the property before the sheriff physically removes him or her.
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