Eviction Laws for Landlords in Virginia
Eviction Laws for Landlords in Virginia: Let’s say you’re a landlord in Virginia, and you’re facing a situation where your tenant isn’t paying rent, violating the lease, or maybe just refusing to leave even after the lease expired. What do you do? You can’t just change the locks or throw their stuff out on the curb – that’s illegal. Evicting someone in Virginia involves a very specific legal process, and if you mess up even a small part of it, your case could be dismissed.
So let’s walk through the exact legal steps you need to take as a landlord in Virginia in 2025 to successfully and lawfully evict a tenant. I’ll explain everything in a straightforward, conversational way so you feel like you’re getting advice from a friend who’s been there.
Table of Contents
Step 1: Understand When You Can Evict a Tenant in Virginia
Before anything else, know your reasons. In Virginia, you can only start eviction proceedings for certain legal causes, such as:
- Non-payment of rent
- Lease violations (like having unauthorized pets or people)
- Illegal activity on the premises
- Holding over (staying after the lease ends without renewal)
Make sure your reason is legitimate and document everything. If your tenant isn’t paying rent, keep payment records. If they’re violating the lease, take photos, save emails or texts, and write everything down.
Step 2: Serve the Proper Notice to the Tenant
You can’t take a tenant to court unless you’ve given them written notice. The type of notice you serve depends on why you’re evicting them:
- 5-Day Pay or Quit Notice: For unpaid rent. You’re telling the tenant they have five days to pay what they owe or move out.
- 30-Day Notice to Cure or Quit: For lease violations. The tenant has 21 days to fix the issue and the full 30 days to vacate if not resolved.
- 30-Day Notice to Quit: For holdover tenants or severe violations like criminal activity.
Make sure the notice is in writing, dated, and served properly (hand delivery, certified mail, or posted on the door with a mailed copy).
Step 3: File an Unlawful Detainer Action in Court
If the notice period passes and the tenant hasn’t complied, the next step is to file an Unlawful Detainer lawsuit. This is the formal legal action to regain possession of your property.
File the lawsuit at the General District Court in the county where the property is located. You’ll need:
- A copy of the lease
- Your notice to quit
- Proof the notice was served
- Any supporting documents (photos, payment records, texts, etc.)
You’ll pay a filing fee and receive a court date. The court will then issue a Summons for Unlawful Detainer, which the sheriff or a process server delivers to the tenant.
Step 4: Go to Court
On the day of the hearing, bring all your documentation and be prepared to explain your case clearly. Be respectful, stick to the facts, and don’t argue emotionally.
If the judge rules in your favor, they’ll issue a judgment for possession. This means you now have the legal right to have the tenant removed, but they might still get a short grace period to leave voluntarily.
Tip: If the tenant doesn’t show up, you might get a default judgment. But don’t get too comfortable—they can appeal within 10 days.
Step 5: Schedule the Eviction with the Sheriff
Once you have the judgment, you can request a Writ of Possession, which allows the local sheriff to carry out the eviction. This usually takes 10–14 days from the court date.
On eviction day, the sheriff will supervise as you or your representative change the locks and remove belongings if necessary. Do not attempt this yourself without the sheriff present. That would be considered illegal self-help eviction.
Step 6: What to Do with the Tenant’s Belongings
Virginia law gives tenants 24 hours after the sheriff eviction to retrieve their belongings. After that, you can consider the property abandoned. However, some cities have additional rules, so check with your local municipality before disposing of anything.
Document everything during this stage – photos, inventory lists, and timestamps.
Real-Life Case Study: Eviction in Fairfax, VA
Let’s say John is a landlord in Fairfax, Virginia. His tenant, Mark, stopped paying rent in February 2025. John sends a 5-Day Pay or Quit Notice on March 1. Mark doesn’t pay or leave. On March 8, John files an Unlawful Detainer case at the local General District Court. The hearing is set for March 21.
John comes to court with bank statements, a copy of the lease, texts showing Mark acknowledged the debt, and the original notice. Mark shows up but has no proof he paid anything. The judge rules in favor of John and issues a judgment.
John requests a Writ of Possession on March 24, and the sheriff schedules the eviction for April 4. Mark is removed, and the sheriff watches as John changes the locks.
By following every step correctly, John avoided delays and ensured the eviction was fully legal.
Key Tips to Make Your Eviction Smooth and Legal
- Always use written leases – this saves you in court.
- Keep records of all communication and payments.
- Don’t accept partial payments after the notice is served (this can delay your case).
- Serve notices properly or your case may be thrown out.
- Never try to evict without the court – no lockouts, utility shutoffs, or intimidation.
2025 Legal Updates for Virginia Landlords
In 2025, a few changes took effect that you need to know:
- Electronic notices are now valid if agreed upon in the lease.
- Late fees are capped at 10% of monthly rent.
- Mediation is offered before trial in some counties (like Richmond and Norfolk) to help resolve disputes before court.
- Rental assistance grace period: If a tenant applies for rental aid and informs the landlord, eviction must be paused for 45 days.
Staying informed of these updates helps avoid delays or lawsuits.
Final Thoughts: Eviction Laws for Landlords in Virginia
Evicting a tenant in Virginia isn’t something any landlord wants to deal with, but sometimes it’s necessary. The key is to follow every step carefully, document everything, and never take shortcuts.
If you do this by the book, like John in our case study, you’ll save time, money, and frustration. You’ll also avoid legal pitfalls that could hurt you later.
Remember, courts don’t favor landlords or tenants – they favor the law. So keep everything clean, legal, and documented. And if things get complicated, don’t hesitate to consult a Virginia landlord-tenant attorney.
This is your property. Protect it the right way.
10 Frequently Asked Questions (FAQs) related to Eviction Laws for Landlords in Virginia (2025)
1. How long does the eviction process take in Virginia (2025)?
The entire eviction process can take anywhere from 30 to 60 days, depending on how quickly the notice is served, the court schedule, and whether the tenant contests the eviction.
2. Can I evict a tenant immediately for not paying rent?
No. You must serve a 5-Day Pay or Quit Notice first. Only after the 5 days pass without payment can you file an Unlawful Detainer lawsuit in court.
3. What is an Unlawful Detainer in Virginia?
It’s the formal legal action landlords file to evict a tenant after they fail to comply with a written notice. It’s submitted in General District Court.
4. Can I change the locks or shut off utilities to force a tenant out?
Absolutely not. This is considered an illegal self-help eviction and can lead to fines, lawsuits, or your case being dismissed.
5. Do I need a written lease to evict someone?
It helps a lot, but even verbal agreements are legally binding in Virginia. However, evictions are more straightforward when you have a written lease.
6. What if the tenant damages the property or engages in criminal activity?
You can issue a 30-Day Notice to Quit for material lease violations or criminal behavior. For severe cases, courts may expedite the eviction.
7. Can I accept partial rent payments during the eviction process?
Be careful. Accepting partial rent after serving a notice may reset the clock on your eviction and hurt your case in court.
8. What happens to the tenant’s belongings after eviction?
Tenants in Virginia have 24 hours after the sheriff’s eviction to retrieve their belongings. After that, you may dispose of them unless local ordinances say otherwise.
9. Can a tenant stop eviction by applying for rental assistance?
Yes, under 2025 law, if a tenant applies and notifies the landlord, the eviction must be paused for 45 days while assistance is processed.
10. Do I need a lawyer to evict a tenant in Virginia?
Not necessarily. Many landlords handle it themselves, especially in General District Court, but consulting a landlord-tenant attorney is wise if the case is complicated.