Virginia Eviction Notice: Process and Writing Guide

Are you a landlord in Virginia looking to evict a tenant? If so, you need to get a Virginia evection notice form that directs your tenant how long they have to respond or relocate. Doing this is recommended as stated by the Virginia state law. But what exactly are the Virginia eviction notice forms? It’s a document issued to a tenant when they’ve violated specific terms of the lease or hasn’t paid the rent on time.

As a landlord, issuing the eviction notice forms should always be the first step before requiring them to respond or be evicted. After issuing the notice, you should give your tenant the requisite duration to give them time to rectify the issue or vacate your premises. And when accusing your tenant, you should always have the needed evidence to proceed with the eviction. If you’ve observed all the Virginia state law, but the tenant doesn’t take necessary action, head to the General District Court – Civil Division. Here, you should file the Unlawful Detainer Action, and the court will instruct the sheriff to serve the tenant to prepare for a hearing in 30 days. If you win the case, you’ll be issued a Writ of Possession, and the tenant will be evicted from your premises by the sheriff.

How Should You Evict a Tenant in Virginia?

When evicting a tenant in Virginia, here are the steps you need to follow;

Step 1: Issue The Eviction Notice

The eviction process starts with you as the landlord in Virginia issuing your tenant a relevant eviction notice. On this notice, you also should mention the reason why you want the tenant to move out.

Step 2: Give The Tenant Time To Act

If the tenant relocates within the prescribed duration or, if granted the option to address the problem, no further action needs to be taken.

Step 3: File The First Court Documents

If your tenant ignores your eviction notice, you’re now within your rights as the landlord to go to the General District Court – Civil Division and file a lawsuit. When doing this, you’re expected to file an Unlawful Detainer action. After the court receives this document, a hearing within 30 days shall be set by the court.

Step 4: Tenants Presenting Themselves During The Court Hearing

After the court schedules the hearing date, the tenant or their attorney must appear for the hearing.

Step 5: Filing The Write Of Possession

If the tenant fails to show up, the case will go in your favor. Consequently, you can file a Writ of Possession and remove the tenant’s possessions with assistance from local sheriffs.

Step 6: Evict The Tenant

After being granted the Writ of Possession, go ahead and take out the tenant’s belongings with help from the sheriff.

When is Rent Due?

Rent due is the date when the tenant and landlord entered into an agreement when the rent should be paid when signing the lease. If the tenant doesn’t pay the rent by the agreed-upon date, you’re allowed as the landlord to give them fourteen days by when they should make the payment. Failure to do this otherwise will lead to the start of the eviction process.

How to Write (Notice to Quit) – Virginia

Step 1: Find The Required Information.

Go to your files and get the Lease Agreement. You also should retrieve other appropriate files, for example, those connected to the violation that must always be available. Make sure that the common information between the Notice form and lease must be similar.

Step 2: Get The Virginia Notice To Quit Form.

It’s on this page that you should find this document’s file image. There’ll be three buttons under the image (Word, ODT, PDF) that link to the labeled notice’s file version. Go ahead and choose your preferred format before downloading it into the machine.

Step 3: List Details From Lease.

After “To,” you should write the person’s complete name required to observe this notice. Confirm the name of the individual if present in the lease is spelled correctly.

There are five blank spaces found on the sentence, “The premises herein referred..”. On the first three, you should enter the Zip Code, County, and City of your Leased Property’s location to be filled next to them. After the words “designated by the number and street…”, you should write the Lease Property’s Street and Building Number. On the space following “Apt,” you’ll find a space where you can enter the Property’s Apartment Number or Unit Number.

You must record on the Signature Date on the Lease Agreement after the statement “In accordance with…” that’s reported with relevant blank spaces (Day, Month, Year).

Step 4: Elaborate Purpose Of Document.

You’ll find four statements, all of which are viable options for this notice. Choose the option that states the Notice Terms you desire the Recipient to get.

The “Nonpayment “Notice to end Occupancy for you, the landlord, to get back possession of your property or Pay the Overdue Rent in Fourteen Days is the first check box. Ensure you state on the first empty space the Name of the Authorized Agent. After that, determine and report (in the subsequent two spaces) the Recipient’s Sum Total in Past Due rent arrears. Lastly, state the required mandatory payment as well as the applicable Rental Period in the available spaces in a bold statement.

On the second box is the “Noncompliance” Notice which states the Recipient’s Lease Violation and should be rectified in Thirty Days. If the tenant fails to oblige to the requested corrections within the Thirty Days, they’ll be required to take out their possessions and relocate.

The “Month To Month Tenancy” Notice is at the third check box and issues at least Thirty Days’ Notice on the Calendar Date of the Tenant’s expected Rent Payment. Here you should name the Date the Month to Month Tenancy when the Tenancy expires, after which the Tenant is required to take out all the belongings and give the Rented Property back to the landlord.

On the fourth check box is the “Month To Month Tenancy” Notice giving a Thirty Days’ Notice from the Calendar Date of when the Landlord expects the following expected Rent Payment. The Tenant should, in this section, mention the Calendar Day when they’re hoping to terminate the current Month to Month Tenancy. As a landlord, you presume the tenant will vacate your property and give it back to you by the listed date.

Step 5: Declare Expectation For Compliance.

If relevant, you as the landlord should issue this document to confirm the statement about what’s expected on compliance and revealing intent in case of noncompliance. The Agent/Landlord giving this document should sign the line labeled “Agent/Signature.”

Step 6: Present Delivery Confirmation

Final Thoughts

Knowing about the Virginia Eviction Notice Forms is necessary if you’re a landlord dealing with tenants who aren’t paying the due rent on time. If you didn’t know what’s covered in this document, this in-depth post has highlighted all the valuable details.