How Eviction Works in Virginia

Step by step

1. Your landlord gives you a written notice

   The process starts with a written notice. A verbal warning does not count. The notice must explain the reason for the eviction, what you can do to stop it, and how long you have.

   There are a few common reasons landlords start eviction cases. Each one has different rules about how much notice your landlord has to give you.

   To learn more about the type of eviction notice you have, visit: fightmyeviction.org/tenant-legal-rights/reading-your-documents-and-notices. You can see what each type of notice looks like and learn how you can respond.

2. Your landlord files in court

   If you do not comply with the notice, your landlord can file an eviction lawsuit in General District Court. This is the point where the legal process officially begins.

3. You are served with a court summons

   Once your landlord files, the court issues a document called a "Summons for Unlawful Detainer." This is your official notice that a court case has been filed against you.

   The summons will be delivered to you in person, handed to another adult in your household, or posted on your door and mailed to you. It tells you the date, time, and place of your court hearing, and the reason your landlord wants to evict you.

   Do not ignore it. You do not have to move out, but you do need to act. Write down your court date somewhere you will see it every day. Missing your court date means you automatically lose.

   This is also the point where getting legal help matters most. The earlier you talk to a lawyer, the more options you have. Free help is available. See the resources at the bottom of this page.

4. You go to your court date

   Go to court if you want to fight your case and stay in your home. This is your chance to tell your side of the story. If you do not show up, the judge will almost certainly rule against you without hearing from you.

   If the case is only about unpaid rent, you can still pay everything you owe, including fees and court costs, on or before your court date. If you do, the case should be dismissed. This is called the "right of redemption."

   Read more: Going to Court: What to Expect and How to Prepare

5. The judge makes a decision

   At the court date, the judge should hear from the landlord and from you before deciding the case.

   If the judge rules for your landlord, your landlord gets a "judgment for possession." That means your landlord can move forward with the next steps to force you out.

   If the judge rules in your favor, you get to stay. The eviction case is over. Your landlord cannot take the next steps to remove you.

6. The losing side can appeal

   The losing side has 10 days to appeal. During those 10 days, the sheriff cannot evict you.

   To appeal, you need to file appeal papers and pay the court clerk everything the judge said you owe the landlord. You will get a new court date. If you appeal and pay rent on time each month, the landlord cannot evict you until the new court decides the appeal.

   If you are thinking about appealing, contact a legal aid attorney right away.

7. Your landlord requests a writ of eviction

   If you did not appeal, your landlord can ask the sheriff to evict you after the 10-day appeal period ends.

   Your landlord must go to court and get a "writ of eviction." This is the official document that tells the sheriff to carry out the eviction. The court sends it to the sheriff's office.

8. The sheriff gives you notice

   Once the sheriff receives the writ, they schedule the eviction date. The sheriff’s office must give you a written notice at least 72 hours before they return to force you out. They will usually leave this notice on your door.

   Even at this stage, you may be able to stop the eviction if it was only because of unpaid rent. Up until 48 hours before the scheduled eviction, you have the right to pay everything you owe the landlord and have it cancelled. 

   This is called the "extended right of redemption." Confirm with your landlord the exact amount you need to pay. Pay by cashier's check, certified check, or money order. Keep receipts and proof.

9. The eviction takes place

   On eviction day, the sheriff comes to the property to get the tenants out, and a locksmith will change the locks on the doors.