Landlords who understand the Virginia eviction process have a better chance of securing the legal outcomes they’re after when a tenancy goes south. Not to be forgotten: Tenants facing eviction have rights under Virginia landlord-tenant laws and are wise to understand them.
No matter your position, the guide ahead outlines the grounds for eviction, the step-by-step process, typical timelines and costs, and practical advice to help both landlords and tenants make informed decisions. Keep reading to learn everything you need to know about eviction in the Old Dominion State.
What is an eviction in the state of Virginia?
Eviction in Virginia is the legal process to remove a tenant from a rental property. Landlords often initiate eviction proceedings when tenants miss rent payments, commit serious lease violations, or create significant health hazards in their rental unit. The entire process follows a precise legal sequence from the first notice through tenant removal.
You can find Virginia’s eviction laws, also known as the Virginia Residential Landlord and Tenant Act, within Title 55.1, Chapter 12 of the Virginia Code.
Common Reasons for Eviction in Virginia
Virginia law gives landlords legal standing to remove tenants from rental properties for a range of legally supported reasons, including:
Failure to Pay Rent
Virginia law treats rent as late on the day after it becomes due. However, the state’s codified grace period means landlords cannot charge a late fee until the payment remains unpaid for 5 days.
Even so, late rent counts as a curable issue, meaning tenants can fix the problem by paying the full amount owed before a set deadline. To initiate the process, the landlord must issue a 5-Day Notice to Pay or Quit, which gives the tenant 5 days to bring the balance current before the landlord can file paperwork to evict them.
Supporting law: Virginia Code § 55.1-1204, § 55.1-1245
Breach of the Lease Agreement
When a landlord and tenant sign a contract, both parties agree to follow its terms. If and when a tenant breaches those terms, the landlord may initiate the eviction process under the rules outlined in their Virginia lease agreement.
A few examples of lease breaches include:
- Allowing additional occupants to live in an Arlington rental unit without approval.
- Using a Virginia Beach rental garage to operate an unapproved photography business.
- Hosting repeated Airbnb rentals in a Norfolk condo without landlord consent.
Virginia law treats certain lease breaches as curable. In these cases, the landlord should serve the tenant a 21/30-Day Notice to Remedy or Quit, which allows them to address the issue within 21 days or leave after 30. More serious violations are considered non-curable. In these instances, the landlord may serve a 30-Day Notice to Quit, requiring the tenant to vacate by the stated deadline.
Supporting law: Virginia Code § 55.1-1245
Illegal Activity on the Premises
When a tenant commits a crime within the rental unit that threatens the property or the safety of others, the landlord may proceed with eviction. Virginia law treats many criminal acts as incurable, although a landlord may classify specific minor issues as curable and issue a 21/30-Day Notice to Remedy or Quit. The landlord must exercise judgment and reference relevant laws when choosing the appropriate notice for the situation.
For example, if a tenant gets caught operating an illegal high-stakes gambling ring inside the unit, the landlord can treat the violation as incurable and move toward immediate eviction. But if the law cites a tenant for hosting a one-time poker night with friends that violates local gaming rules, the landlord may treat the issue as curable and give the tenant a fair chance to correct the behavior before considering eviction.
Supporting law: Virginia Code § 55.1-1245
Damage to the Rental Property
Virginia law sets clear standards for the care of a landlord’s property. When a tenant causes damage beyond normal wear and tear, their actions may amount to a breach of the lease agreement.
When tenants cause damage, landlords should document the problem with photos, videos, written notes, repair estimates, and dated inspection records. Clear documentation will help the landlord prove the issue if the matter reaches court. Ultimately, the severity of the damage determines whether the landlord treats the violation as curable or incurable, and which notice to issue in response.
Supporting law: Virginia Code § 55.1-1227, § 55.1-1245
Health & Safety Violations
Under Virginia law, tenants must “keep the premises as clean and safe as the condition of the premises permits.” If a tenant fails to meet this requirement and their actions damage the rental property, the landlord may initiate the eviction process.
On the one hand, Virginia law requires landlords to uphold the state’s implied warranty of habitability. On the other, tenants share equal responsibility for maintaining the health and safety of their rental unit. As such, landlords can take action when a tenant’s conduct creates hazards that violate these standards.
Supporting law: Virginia Code § 55.1-1227
Tenant is in a Month-to-Month Rental Contract
Virginia law does not require a landlord to give a specific reason to end a Virginia month-to-month rental contract. To terminate a tenancy, the landlord must deliver a 30-Day Notice to Quit and provide written notice at least 30 days before the next rent due date. If the tenant remains past the deadline, the landlord may file an unlawful detainer action in court to regain possession.
Supporting law: Virginia Code § 55.1-1253
The Complete Eviction Process in Virginia
Here are the steps landlords must follow to pursue eviction, presented in order:
1. Landlord Issues Notice to the Tenant
When a tenant engages in conduct that qualifies for eviction, the landlord can issue a proper notice in response. In some cases, such as minor property damage or a first-time lease violation, the landlord can issue a notice that gives the tenant a chance to correct the problem and continue the tenancy.
In other, more serious situations, the landlord does not need to offer the tenant an opportunity to cure. Instead, they may issue a notice directing the tenant to vacate by a specific deadline. The correct notice depends on the requirements of Virginia law, so landlords should read the statutes closely before serving notice to their tenant.
Notice Forms & Timelines
- 5-Day Notice to Pay or Quit: Landlords issue this notice when a tenant fails to pay rent on time. It gives the tenant 5 days to pay the full amount and prevent the eviction from proceeding.
- 21/30-Day Notice to Remedy or Quit: Landlords use this notice for curable lease violations. It gives the tenant 21 days to fix the issue or 30 days to move out if the breaches continue.
- 30-Day Notice to Quit: Landlords issue this notice for non-curable violations or repeat violations within 6 months. It requires the tenant to leave the rental property within 30 days and does not offer an option to correct the problem.
- 30-Day Notice to Quit for Month-to-Month Tenancies: Landlords use this notice to end a month-to-month rental contract. Virginia law requires at least 30 days of written notice before the next rent due date.
Supporting law: Virginia Code § 55.1-1245, § 55.1-1253
2. Landlord Files an Eviction Lawsuit With the Courts
When a Virginia tenant fails to cure a violation or remains in the rental property after the move-out deadline, the landlord must file an Unlawful Detainer action in the appropriate general district court, which officially starts the formal eviction process.
Filing fees in Virginia vary by locality and typically include both the Unlawful Detainer filing fee and the service fee. Once the landlord files the case, the court clerk will set a hearing date and time. Most Virginia courts hold this first hearing within a few weeks, depending on the docket.
Supporting law: Virginia Code § 8.01-126
3. Court Summons Paperwork Served to Tenant
Once the clerk sets a court date for the eviction hearing, the landlord must arrange for a Virginia sheriff or a private process server to deliver the Summons for Unlawful Detainer and the Unlawful Detainer Complaint to the tenant. After service, the process server must complete a Return of Service and file it with the general district court clerk. If the court does not receive proper proof of service, the judge may dismiss the case, requiring the landlord to restart the entire process.
When the tenant receives the Summons for Unlawful Detainer and the complaint, no additional paperwork is required before the hearing. The tenant simply must appear in court on the scheduled date. If they do not appear, the court may issue a default judgment in favor of the landlord.
Supporting law: Virginia Code § 8.01-296
4. Tenant and Landlord Attend an Eviction Hearing
On the day of the court hearing, the landlord and the tenant, along with any legal counsel, must appear before the judge for the eviction hearing. In the courtroom, each party will present evidence (photos, payment histories, written communication, repair estimates, etc.) and call upon any witnesses that support their position.
During the hearing, the judge may request additional documents, further evidence, or witness statements to clarify ambiguous information. After both sides have presented their evidence, the judge will consider the facts before making a decision.
Supporting law: Virginia Code § 8.01-126
5. Judge Reaches a Ruling
After reviewing all the information presented at the hearing, the judge will issue a ruling based on the evidence before them. Although they typically deliver a decision the same day, the judge may need more time to review complex facts or documents before reaching a decision.
If the judge rules in favor of the tenant, they will be allowed to remain in the rental unit under the terms of the current lease. If the judge rules in favor of the landlord, the court will issue a Judgment for Possession, confirming that the tenant no longer has a lawful claim to remain in the rental and granting the landlord the legal right to repossess the property.
Supporting law: Virginia Code § 8.01-126
6. Landlord Obtains a Writ of Eviction Authorizing Removal of Tenant
Once the judge issues a Judgment for Possession, the landlord can request a Writ of Eviction from the court. The Writ of Eviction document authorizes law enforcement to remove the tenant from the rental property on the landlord’s behalf.
After receiving the Writ of Eviction, the landlord must coordinate with local law enforcement to schedule the eviction. Next, law enforcement will post notice of the scheduled eviction at the rental property.
Supporting law: Virginia Code § 8.01-470, § 8.01-471
7. Law Enforcement Removes Tenant from Rental Property
If the Writ of Eviction deadline passes and the tenant still has not vacated, the sheriff or a deputy sheriff will return to carry out the eviction. During this time, the landlord must avoid shutting off utilities, changing the locks, removing belongings, or engaging in any other form of self-help eviction.
The tenant will have 24 hours after the eviction to retrieve personal property left behind after an eviction. After the 24-hour period expires, the landlord may treat the remaining belongings as abandoned and dispose of them at their discretion.
Supporting law: Virginia Code § 55.1-1254
Typical Eviction Timelines in Virginia
The full eviction process in Virginia, from the landlord’s first notice to the tenant’s final removal, often spans several weeks to a few months. Timelines vary based on court scheduling, the type of violation, and how quickly both parties respond to required notices and filings.
Here are the typical eviction timelines to expect in Virginia:
| Stage | Typical timeframe | Supporting law |
| Notice to Pay or Quit (Late rent payment) | 5 days from when rent becomes overdue | Virginia Code § 55.1-1245 |
| Notice to Remedy or Quit (Curable issue) | 21 to 30 days from service to expiration | Virginia Code § 55.1-1245 |
| Notice to Quit (Incurable issue) | 30 days from service to expiration | Virginia Code § 55.1-1245 |
| Tenant response deadline | The tenant must appear on the hearing date, since Virginia law does not require a written response beforehand | Virginia Code § 8.01-126 |
| Hearing scheduling | Courts usually set the first hearing within a few weeks of the Unlawful Detainer filing | Virginia Code § 8.01-126 |
| Writ enforcement | Set-out dates often fall about 10 to 15 days after the writ is issued | Virginia Code § 8.01-470 |
Landlord Retaliation & Harassment During Eviction
Virginia law prohibits landlords from retaliating against or harassing tenants at any point during the lease and throughout the eviction process.
Examples of landlord retaliation include:
- Raising rent after a tenant files a complaint.
- Attempting to end a lease because a tenant requests repairs.
- Shutting off utilities after a tenant asserts legal rights.
Examples of landlord harassment include:
- Repeatedly showing up at the rental unannounced.
- Calling the tenant excessively about non-urgent issues.
- Intimidating the tenant with threats or hostility.
Virginia tenants who experience retaliation or harassment should carefully document each incident with written communication, dates, photos, or witness statements. Doing so will ultimately help a tenant’s case if the judge becomes aware of the landlord’s conduct.
Supporting law: Virginia Code § 55.1-1258
Tips for Tenants Attempting to Avoid Eviction
Tenants in Virginia can take actionable steps to protect their housing when legal issues arise. The guidance below can reduce a tenant’s risk of eviction and help them get on the same page as their landlord.
Build strong communication with your landlord: Consistent, respectful communication helps prevent minor issues from escalating. Responding promptly and communicating clearly often resolves issues before they can impact your tenancy.
Know your rights and responsibilities as a tenant: Understanding Virginia landlord-tenant laws makes it easier to deal with issues when they pop up. Knowing what’s allowed (and what isn’t) can help you advocate for yourself and navigate any potential eviction scenarios.
Address mistakes right away: If you fall behind on rent or breach a lease term, respond immediately (and never ignore the issue). Taking quick action will demonstrate to your landlord that you’re willing to do what’s necessary to fix the issue and avoid eviction.
Negotiate an alternative solution to eviction: If you’re flexible, you may be able to work out secondary options like a payment plan, a short extension, or an early move-out to help keep things stable during a rocky period.
Consider seeking legal help: When a situation becomes too challenging to manage on your own, consider reaching out to a qualified attorney. For affordable or free legal support, visit the Virginia Legal Aid Society website.
Tips for Landlords Seeking to Evict Tenants
During eviction, Virginia landlords must comply with state law precisely. The tips below can help you protect your properties and stay compliant from start to finish.
Never attempt self-help eviction: Shutting off utilities, changing locks, or any other form of self-help eviction can lead to a mess of legal problems. To stay compliant, follow the legal process without exception.
Know your Virginia landlord-tenant laws: A strong understanding of the Virginia Residential Landlord and Tenant Act can give you the legal foundation you need to handle (and win) eviction disputes with your tenant.
Consider a cash-for-keys settlement: Landlords who offer tenants cash in exchange for vacating their rental properties can avoid eviction proceedings (and the lengthy court process that accompanies them). Though paying a tenant to leave might not seem fair, it may be your best option.
Serve the proper notice: Using the correct notice for the specific issue shows the court that you followed the rules. Furthermore, proper documentation will help you avoid delays and put you in a stronger legal position if the dispute goes to court.
Screen future tenants thoroughly: Reliable tenant screening reduces the risk of recurring issues. Reviewing rental history, income, references, and background information can help you select tenants who honor their obligations under the lease agreement.
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