What is the eviction process in Virginia?

Virginia eviction is governed by the Virginia Residential Landlord and Tenant Act (VRLTA), Va. Code §§ 55.1-1200 to 55.1-1262.

1. Notice

Nonpayment: 5-day pay-or-quit notice (Va. Code § 55.1-1245(F)). Tenant may pay full amount plus late fees and court costs to redeem until certain points in the case.

Curable lease violation: 21/30-day notice — 21 days to cure or lease terminates in 30 days (§ 55.1-1245(A)).

Non-remediable breach: 30-day notice (§ 55.1-1245(C)).

No-cause month-to-month termination: 30 days (§ 55.1-1253).

2. Filing the Unlawful Detainer

Landlord files Form DC-421 (Summons for Unlawful Detainer) in the General District Court of the city/county where the property sits. Filing fee is approximately $54 plus $12-$30 service.

3. Service and First Return Date

Summons must be served at least 10 days before the first return date; first return is typically set 21-30 days after filing.

4. First Return Date

If tenant does not appear or contest, judgment is entered. If tenant contests, court sets a contested trial date 1-4 weeks later.

5. Right of Redemption

Under § 55.1-1250, a residential tenant in a nonpayment case may pay all rent, late fees, attorney's fees, and court costs at or before the return date to dismiss the case (limited to once per 12 months).

6. Judgment and Writ of Eviction

If landlord wins, court enters judgment for possession (and money). Landlord must request a Writ of Eviction within 180 days (§ 8.01-129). Sheriff schedules eviction, which must occur within 30 days of writ issuance.

7. Sheriff Lockout

Sheriff posts at least 72 hours notice and then conducts the lockout.

8. Tenant Defenses

Warranty of fitness and habitability (§ 55.1-1220), retaliation (§ 55.1-1258), tender of rent under § 55.1-1250, illegal lockout (§ 55.1-1243), improper notice, and fair housing.

This is legal information, not legal advice.