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Virginia Eviction Notice

Virginia Eviction Notice

Developer’s Description

By Landlord Eviction Notice

Create your customized Virginia Eviction Notice. The Virginia Eviction Notice is used by a landlord to send a notice to a tenant to vacate and deliver a rental property explaining reasons of evictions due to breach in tenancy. The Virginia eviction notice pdf form is customizable to indicate a 3 day eviction notice, 5 day eviction notice, 30 day eviction notice and so onIf you’re a landlord seeking to evict a tenant, use a Virginia (VA) eviction notice to begin the process. Your eviction notice must be written according to Virginia state law, and give your tenant the legally required amount of time to respond or move out.

Updated March 02, 2022

Virginia eviction notice is used when a tenant has either failed to pay rent when it is due or breached other 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. If the tenant responds, the lease continues as usual. If not, the landlord will be forced to file an eviction (Unlawful Entry and Detainer) at the General District Court – Civil Division.

What is a Virginia Eviction Notice?

A Virginia eviction notice is a written document that is more commonly referred to as a notice to quit. It is produced by the landlord or their agent when the tenant fails to comply with the terms of the lease or the rental agreement. Under Virginia’s landlord-tenant laws, known collectively as the Virginia Residential Landlord and Tenant Act, the tenant is provided with a certain time period to correct the problem and/or vacate the property depending on why the eviction notice was issued (curable violations).

The creation and service of a properly drafted eviction notice are essential to the legal eviction process. The tenant must be legally served and then refuse to comply with the notice and correct the violation of the lease before the landlord can file an eviction lawsuit, known as an unlawful detainer action, against them.

Because eviction notices and eviction cases are part of the legal process, landlords should seek legal advice so that they better understand the court system and how eviction cases work in the State of Virginia. Proper legal advice is essential to ensure that you’re able to get possession of the property back without violating Virginia law or the tenant’s rights. If the landlord is successful in the unlawful detainer action, they may receive a writ of possession, court costs, past due rent payments, filing fees, and part or all of the security deposit for damage to the rental unit.

What are the Components of a Virginia Eviction Notice?

There are three types of Virginia eviction notices. They all have the same basic components:

 

  • The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
  • The address of the rental property
  • The date the eviction notice was created
  • How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
  • The contact information of the landlord or property manager
  • The printed name and signature of the landlord or property manager.

Virginia eviction notices are also known as a notice to quit. How many days the tenant has to correct the problem or vacate the property depends on the reason the eviction notice is issued. They may also have specific additional components.

Making a Virginia Eviction Notice

  • What is a Virginia Eviction Notice or Notice to Quit?

    Property owners make Virginia Eviction Notices for the purpose of informing a tenant of future legal action if they continue to owe overdue rent, fail to respect the agreed-upon terms of the rental agreement that they signed, or do not leave the property as requested. As a result of this essential legal notice, you will be able to enforce your terms, while still granting your tenant(s) a chance to fix the matter before a certain deadline. That said, in certain cases, there isn’t any solution, and going to court is inevitable. Suitable for all types of residential property, our Eviction Notice for Virginia can be used by property owners with tenants in Chesapeake, Norfolk, Virginia Beach, and in all other cities and municipalities throughout the Old Dominion State.

  • Am I legally allowed to evict a tenant for past-due rent in Virginia?

    Generally speaking, yes, and you can use a Virginia Eviction Notice (more specifically known as a 5-Day Notice to Pay Rent or Quit) to kick off the process. However, due to COVID-19, there are some limitations and special protections in place for tenants who can’t pay rent. Despite the fact that the federal ban on eviction was extended and then struck down, the state of Virginia can create and enforce its own regulations for evictions. Keep up with the latest guidelines for Virginia or ask a local landlord-tenant lawyer for further insight.

  • Virginia eviction notices are used to communicate to tenants that they are in violation of their lease, either through non-payment of rent, a material non-compliance, or illegal activity, and that they must remedy the breach (if possible) or vacate the premises in the amount of time indicated on the form. A notice to quit can also be delivered by either tenant or landlord in a periodic tenancy agreement to terminate the lease with thirty (30) days’ notice. If the tenant receives the notice and doesn’t comply with its terms within the allotted timeframe, the landlord will be able to file a Summons for Unlawful Detainer with the General District Court to have them evicted by court order.

    The Virginia eviction forms force a tenant to leave property for breaking their lease due to either non-payment of rent or for any other reason. Landlords have to exercise a formal eviction process by law which involves serving the tenant notice, and if individual refuses to leave, to follow the court procedures. If landlord or tenant has questions about the laws they should view Title 55 Chapter 13.2 otherwise known as the Virginia Residential Landlord and Tenant Act.

    Virginia Eviction Process

    1. Notice

    If the tenant has not paid rent, the landlord can give the tenant a 5-day notice to pay the rent or move out. If the tenant has violated the lease in another way, the property owner should use a notice that the tenant has 30 days to leave or correct the violation. The owner can serve the tenant personally, or request the sheriff serve the tenant by paying a fee.

    2. Summons and Complaint for Unlawful Detainer

    Next, the owner may file a Summons for Unlawful Detainer if the tenant did not leave the property or fix the violation. Owners must bring copies of the notice and file these documents at the District Court. The court will issue a summons to be served by the sheriff to the tenant and assign a date for the parties to appear at a hearing.

    3. Hearing

    Tenants must appear at the hearing if they do not want to be evicted. If they do not, the landlord will win the case. Each party may try to prove his or her side of the case, as in other trials. For example, the property owner may argue that the tenant failed to pay rent by presenting the lease and a payment record that shows the tenant failed to pay the rent that the lease demanded. Tenants may argue that the landlord’s accusations are false, or that the living conditions were not legally adequate. In either case, parties should bring relevant evidence such as copies of the lease, photographs, repair records, and witnesses.

    If the court rules in favor of the landlord, the tenant must move out shortly. If the tenant fails to do so, the landlord can get a Writ of Possession by filing after the ten (10) day appeals period. The sheriff will serve this to the tenant, and then the tenant will have 72 hours to leave the property before the sheriff physically removes him or her.

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