The Virginia eviction notice forms are used when a tenant in Virginia has either failed to pay the rent when it is due or has breached the terms of the lease. The first step in the process is to give written notice to the tenant that there is an issue and that they need to respond or face eviction. The landlord must have evidence that the notice was delivered to tenant. If the requisite time period has passed and tenant still has not vacated the premises or rectified the problem, then the landlord may go to the General District Court – Civil Division to file an Unlawful Detainer action. The court will have the sheriff serve the tenant and there will be hearing within 30 days. If landlord prevails, the Court will issue a Writ of Possession and the sheriff will be authorized to remove the tenant.
Notices By Type
5-Day Notice to Quit (Non-Payment) – This form may be used when tenant has failed to pay rent when it is due. The landlord may provide this notice and then wait the requisite five days before proceeding with the eviction process.
30-Day Notice to Quit (Non-Compliance) – If a tenant has failed to comply with the provisions of the lease, other than non-payment of rent, landlord must give 21 days notice to allow the tenant to rectify the problem or move out at the end of the 30 day period.
30-Day Notice to Quit (Month-to-Month Tenancy) – This form is used when a party wants to notify another party that they do not intend to renew a month-to-month tenancy.
When is Rent Due
Rent is due on the date that the landlord and tenant agreed to in the lease. If tenant fails to pay on time, landlord may issue a notice giving tenant five days to pay before beginning the eviction process.
How to Evict (Process)
Step 1 – In Virginia, a landlord must provide notice to tenant to allow the tenant a chance to respond before going to court to begin the eviction process. It is important that the landlord provide written notice and that the notice be delivered to the tenant. Landlord should keep a copy of the notice and have evidence that it was delivered. Landlord may use one of the following types of notice:
- 5-Day Notice to Quit (Non-Payment)
- 30-Day Notice to Quit (Non-Compliance)
- 30-Day Notice to Quit (Month-to-Month Tenancy)
Step 2- If tenant does not respond to the notice by either fixing the situation or moving out then landlord may begin the eviction process by going to the General District Court – Civil Division which has jurisdiction over the area in which the property is located. The first step is to file an Unlawful Detainer action. The court will set a hearing date within 30 days and landlord will have it served on the tenant.
Step 3 – If tenant either does not show up at the hearing or the landlord prevails in court, the court will issue a judgment for possession and the landlord can ask for a Writ of Possession.
Step 4 – The local sheriff will execute the Writ of Possession and force the tenant to move out of the premises.