Evictions are an often unpleasant part of property management, but being aware of the legal process ahead is incredibly important. In doing so, managers can protect their investments and maintain healthy landlord-tenant relationships with the individuals in their units.
In Virginia, evictions must follow a specific legal procedure to ensure landlords and tenants are treated fairly by law. With changes in regulations and economic conditions in 2024, staying updated on how evictions work, their associated costs, and best practices is a must.
This short guide will walk through the eviction process in Virginia and provide property managers and landlords with important details to consider.
Reasons for Eviction in Virginia
As a landlord, you may need to evict a tenant for several reasons, including non-payment of rent, lease violations, failure to leave after a lease expires, property damage, criminal activity, and more. Let’s look a little closer at common reasons to begin an eviction.
- Non-payment of rent: The most common cause of eviction, which occurs when a tenant fails to pay rent on time.
- Lease violations: This includes violating terms related to property use, unauthorized occupants, pets, or hazardous activity.
- Failure to vacate after lease expiration: If a tenant remains on the property after their lease ends without renewing it, they may need to be evicted.
- Property damage or criminal activity: Tenants who cause significant damage to the property or engage in illegal activities may face eviction.
Before beginning the eviction process, though, make sure that the reason for eviction complies with the terms outlined in your lease agreement as well as Virginia state law.
Costs Associated with Eviction
Evictions can be expensive, and it’s important to budget for these costs when managing rental properties. Common expenses may include filing fees, lawyer’s fees, court costs, lost rent, and repairs, among other costs.
In Virginia, the cost to file an eviction lawsuit (Unlawful Detainer Action) varies by county, but it typically ranges from $50 to $100. From there, hiring an attorney can range from $250 to $500 per hour of service, sometimes more depending on the complexity of the case in question.
In addition, landlords may face additional court-related expenses, such as fees that arise from serving tenants with eviction notices. This may cost another $30 to $100.
Finally, the eviction process can take 30 days, 60 days, or even longer if the tenant contests it. During this time, the landlord may miss out on rent payments. Further, if the tenant leaves the property in poor condition, landlords may need to cover the cost of repairs before re-renting the unit.
The Eviction Process: Step-by-Step
For property managers or landlords who plan to pursue the eviction process, it’s important to follow each step. This way, they can ensure they’re doing everything in their power to complete the process according to legal guidelines.
Provide Proper Notice to the Tenant
The eviction process begins with giving the tenant a written notice. The type of notice depends on the reason for eviction:
- 5-Day Pay or Quit Notice: For non-payment of rent, the landlord must provide a notice giving the tenant five days to either pay the overdue rent or vacate the property. If the tenant fails to comply, the landlord can move forward with filing an eviction.
- 30-Day Notice for Lease Violations: If a tenant violates the lease (excluding non-payment of rent), the landlord must provide a 30-day notice to give them time to correct the violation. If the violation is not resolved, the landlord can then proceed with the eviction process.
- 30-Day Notice to Terminate Lease: For tenants who remain after the lease term has expired, the landlord must issue a 30-day notice to vacate.
It’s crucial to ensure that the notice is served properly, either by hand delivery, certified mail, or through a process server.
File an Unlawful Detainer Action
If the tenant fails to comply with the notice provided, the next step is to file an Unlawful Detainer action in the General District Court. This involves filing the necessary paperwork with the court clerk, paying the filing fees, and providing proof that the tenant was clearly notified. Once the paperwork has been filed, the court will schedule a date for the hearing that will need to take place.
Court Hearing
At the hearing, both the landlord and tenant will have the opportunity to present their side of the case. As a landlord, it’s important to bring the following documentation to establish credibility and highlight the points in their complaint.
- The lease agreement
- Payment records
- Copies of the notice(s) provided to the tenant
- Any other relevant communications or documentation (ex: photos of property damage)
If the court rules in favor of the landlord, they will issue a judgment for possession, meaning the tenant must vacate the property. In some cases, the court may also award the landlord or manager back rent, damages, and court costs.
Writ of Possession
If the tenant does not leave the property after the judgment, the landlord can request a Writ of Possession from the court. This legal document authorizes the local sheriff’s office to remove the tenant from the property. The sheriff will provide the tenant with 72 hours notice before the physical eviction takes place.
Eviction Day
On the day of eviction, the sheriff will arrive at the property to remove the tenant from the premises. The landlord or property manager should be present to oversee the process. Any belongings left behind by the tenant must be handled according to Virginia’s tenant property laws, which may require landlords to store the items for a specific period of time.
Changes in the Eviction Process for 2024
Virginia has introduced several updates for 2024 that landlords and property managers should be aware of. These include:
Eviction Moratoriums and Tenant Protections
While the COVID-19 pandemic led to temporary eviction moratoriums, many of these have been lifted by now. However, certain tenant protections, such as extended time frames for rent repayment, may still apply in some jurisdictions. It’s important to check local laws to ensure compliance.
New Notice Requirements
Some municipalities in Virginia have updated their notice requirements, which gives tenants more time to pay overdue rent or rectify lease violations. Always check local rules to avoid legal disputes.
Online Filing and Streamlined Processes
Some courts in Virginia now allow for online filing of eviction cases, which can speed up the process significantly. Additionally, certain counties have implemented streamlined procedures for uncontested evictions, which helps reduce court backlog and wait times for landlords.
Avoiding Evictions: Best Practices for Property Managers
While evictions are sometimes necessary, they can be time-consuming and costly. It’s best to avoid running into them in the first place. To do so, follow these best practices:
- Tenant screening: Conduct thorough background and credit checks to ensure you are renting to responsible tenants.
- Clear lease agreements: Ensure the lease clearly outlines rent payment terms, rules, and penalties for violations.
- Prompt communication: Address issues with tenants as soon as they arise. Sometimes, open communication can resolve issues without escalating to eviction.
- Offer payment plans: For tenants experiencing financial hardship, consider offering a payment plan to help them catch up on rent and avoid eviction.
Understanding the eviction process in Virginia is crucial for property managers and landlords alike. By following the proper procedures and staying informed about new regulations, landlords can reduce the financial and emotional toll of evictions. While evictions should always be a last resort, having a clear plan in place helps protect your investment if it becomes necessary.
