Eviction Information
STEPS OF THE EVICTION PROCESS:
STEP 1- NOTICE TO TENANT TO START EVICTION PROCESS
The landlord must give written notice to the tenant of the violation of the lease. A 5 Day Notice is for failing to pay rent, a 30-Day Notice is required for all other reasons for eviction. This Notice can be served by the landlord in person or by posting or the landlord can have the Sheriff’s Office serve it ($12 per person service fee). You must take a copy of the served notice to the General District Court during the eviction hearing.
STEP 2- SUMMONS FOR UNLAWFUL DETAINER
After the 5-day period of notice (or 30-day notice) has expired and the landlord has not received satisfaction, the landlord may obtain a Summons for Unlawful Detainer from the Civil Office of the General District Court (take your copy of the eviction notice with you to court). The court will issue a summons and set a court date for you and the defendant (s) to appear in court.
This Summons For Unlawful Detainer is an action taken before judgment by the court, and the summons directs the defendant (tenants) to appear for a hearing. The Summons for Unlawful Detainer is the legal process to cover any situation in which the possession of the house, land, or tenement is unlawfully detained by the person (s) in the possession thereof. Va. Code 8.01-124; 8.01-126; and 8.01-296
STEP 3- WRIT OF EVICTION IN UNLAWFUL DETAINER
When judgment has been awarded in favor of the landlord under a Summons for Unlawful Detainer procedure, the landlord my then obtain a Writ of Eviction in Unlawful Detainer from the court. This writ is the authority of the Sheriff to remove the tenant (and personal belongings) from the premises and restore possession of the premises to the landlord. Va. Code 8.01-470
APPEAL FROM UNLAWFUL DETAINER JUDGMENT
The tenant shall have the right to appeal the judgment of the lower court to Circuit Court. The notice of appeal action must be taken by the tenant within 10 days from the date judgment was entered in the lower court. The Sheriff’s Office cannot serve the Writ of Eviction until after this 10-day appeal period passes. There is a 30-Day Appeal period for evictions adjudicated by the Circuit Court. Circuit Court Writ of Evictions are not served until the end of the 30-day appeal time.
NOTICE TO TENANT BY SHERIFF
After the court has issued the Writ of Eviction in Unlawful Detainer at the landlord’s request, the Sheriff must give the tenant written notice. This notice is to notify the tenant as to the date and time of eviction. This Notice to Evict must be served upon the defendant (s) at least 72 hours before the eviction is to take place. In situations where the landlord requests the personal belongings of the tenant to be set out on the public way, and in the event of inclement or extreme weather conditions, or other unforeseen circumstances, the Sheriff may re-set the date and time of the eviction. Va. Code 8.01-470; 55-237.1 and 55-248.38:2
NOTICE TO THE LANDLORD
The Sheriff should coordinate the eviction with the landlord to ensure that the landlord will be prepared to remove the tenant (s) belongings from the premises (if this option is chosen). In the event the landlord does not make necessary preparations and fails to comply with reasonable conditions imposed regarding the eviction; the Sheriff may cancel the eviction.
OFFICER MAY BREAK AND ENTER
If on the date of the eviction the Sheriff should find the premises locked, he has the authority (under the Writ of Possession) to break and enter the premises in the daytime. This can be done only after prior notice has been given to the tenant to restore possession of the rental property to the landlord. (See prior section on Notice to Defendant)
REMOVEL OF DEFENDANTS PERSONAL BELONGINGS – 2 OPTIONS ARE NOW AVAILABLE
An Act to amend and reenact 8.01-470 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-237.1 and to amend the Code of Virginia by adding in Article 5 of Chapter 13.2 of Title 55 a section numbered 55-248.38:2, relating to authority of sheriff’s and landlords to store and sell personal property removed from the residential premises.
OPTION # 1 – The sheriff shall cause such personal property of the defendant to be placed into the public way. The tenant shall have the right to remove his personal property from the public way during the 24-hour period after eviction. Upon expiration of the 24-hour period after eviction, the landlord shall remove, or dispose of such personal property remaining in the public way.
OPTION # 2 – At the landlord’s request, the Sheriff shall cause such personal property to be placed into a storage area designated by the landlord, which may be the dwelling unit. The tenant shall have the right to remove his personal property from the landlord’s designated storage area at reasonable time during the 24-hours after eviction from the premises or at such other reasonable times until the landlord has disposed of the property as provided by law. (See next page for entire Va. Code section concerning the eviction process.)
IF THE LANDLORD WANTS THE ASSISTANCE FROM THE ROCKINGHAM COUNTY SHERIFF’S OFFICE, THE LANDLORD OR HIS AGENT MUST NOT ENTER THE DWELLING UNTIL DEPUTY ARRIVES. ENTERING BEFORE THE DEPUTY ARRIVES WILL RESULT IN THE SHERIFF CANCELING THE WRIT AND NO PERFORMANCE OF THE EVICTION. THIS IS DONE TO ENSURE BOTH THE LANDLORD’S SAFETY AND THE SAFETY OF THE DEPUTY, BUT MOREOVER TO LIMIT LIABILITY TO THE SHERIFF BY FALSE ACCUSATIONS MADE BY DISGRUNTLED TENANTS.
THE LANDLORD AND THE SHERIFF SHALL NOT HAVE ANY LIABILITY FOR THE LOSS OF THE DEFENDANT(S) PROPERTY DURING THE 24-HOUR PERIOD AFTER EVICTION. § 8.01-156
NOTICE TO LANDLORDS- Please arrive on time for the eviction. Let the deputy know if there is an emergency situation. The deputy will wait for 10 minutes. If the landlord or agent does not appear at the address, the Writ will be posted on the door as door service.
RIGHTS AFFORDED TO TENANTS
The following are links providing additional eviction, landlord/tenant information.
https://www.dhcd.virginia.gov/sites/default/files/Docx/landlord-tenant/final-vrlta-statement-formatted.pdf
https://selfhelp.vacourts.gov/node/10/landlord-tenant
https://dhcd.virginia.gov/sites/default/files/Docx/landlord-tenant/landlord-tenant-handbook-final.pdf
https://www.vacourts.gov/forms/district/dc421.pdf
https://www.vacourts.gov/forms/district/dc469.pdf
