What is the eviction process in Virginia?

1. Statutory Framework. Virginia eviction is an Unlawful Detainer action under Va. Code §§ 8.01-124 to 8.01-130. Residential tenancies are governed by the Virginia Residential Landlord and Tenant Act (VRLTA), Va. Code §§ 55.1-1200 et seq.

2. Pre-Filing Notice. Nonpayment requires a 5-day pay-or-quit notice (Va. Code § 55.1-1245(F)). Lease breach requires a 21/30-day notice: 21 days to cure, with termination at 30 days if uncured (§ 55.1-1245(C)). Non-curable breaches use a 30-day unconditional notice. Month-to-month termination requires 30 days under § 55.1-1253.

3. Filing the Complaint. File the Summons for Unlawful Detainer (Form DC-421) in the general district court of the county or city where the property is located. Filing fee is approximately $58-$151.

4. Tenant Answer / Default. Tenant must appear on the return date (usually 21-30 days after filing). No written answer required at the return date.

5. Hearing. Court holds a return date; if contested, sets trial. Defenses include statutory warranty of habitability (Va. Code § 55.1-1220), retaliation (§ 55.1-1258), and Virginia Fair Housing Law discrimination. Tenant may redeem by paying all rent, costs, and attorney's fees once per 12-month period under § 55.1-1250.

6. Writ of Possession. Writ of eviction must be requested within 180 days of judgment and executed by the sheriff between 15 and 30 days after issuance (Va. Code § 8.01-470).

7. Self-Help Prohibition. Va. Code § 55.1-1243.1 expressly prohibits self-help eviction; tenants may sue for damages plus attorney's fees and obtain injunctive relief.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 prior to nonpayment filings.

9. Just-Cause. No statewide just-cause; Va. Code § 55.1-1245(F) requires landlords with 4+ rental units to offer a written payment plan before filing a nonpayment eviction.

This is legal information, not legal advice.