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Thomas Jefferson Area Coalition for the Homeless |
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Serving the counties of Albemarle, Fluvanna, Greene, Louisa, and Nelson and the City of Charlottesville, Virginia |
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Thomas Jefferson Area Coalition for the Homeless |
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Serving the counties of Albemarle, Fluvanna, Greene, Louisa, and Nelson and the City of Charlottesville, Virginia |
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Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary State by State, so that some information in this web site may not be correct for your jurisdiction. Finally, the information contained in this web site is not guaranteed to be up to date. Therefore, the information contained in this web site cannot replace the advice of competent legal counsel licensed in your state.
| more about evictions |
The number of days can vary depending on the Court's schedule and local procedure.
* The tenant may continue to occupy the property during this
time period and will owe rent and late charges for each day the property is
occupied.
An eviction for non-payment of rent must begin with the landlord's issuance of a 5 day notice sent with certificate of mailing or posted at the property by the County Sheriff's Department. This "pay or quit" notice states that if the tenant does not pay the rent within five days of receipt, the landlord will initiate court proceedings. The notice should name each person on the lease and specify the sum due. A 5-day notice may be given to any tenant who has not paid rent, even one on a long-term lease. It may be given as early as the day after the rent was due.
If the amount due is not paid within 5 days, the landlord can file an "Application for a Summons in Unlawful Detainer," in the clerk's office of the General District Court. The cost to file a UD is $18.00. The landlord must fill out a form giving the basic facts about his claim: his name, the tenant’s name, the address of the rental property, the amount of rent owed, and the fact that the tenant was given notice.
The clerk sets a hearing date that is often, but not always, 10-20 days after the filing date. The Sherrif will deliver a "Summons in Unlawful Detainer" for the tenant to appear on that date. The landlord is also required to mail a copy of the summons to the tenant and to file a statement attesting to the court that the mailing occurred. The summons must be delivered at least 5 days before the hearing.
Generally, the landlord cannot file to obtain possession of property unless one of these conditions has happened:
In court, the tenant and the landlord will each present evidence indicating whether the landlord is entitled to possession of the property. A judgement in favor of the landlord is referred to as a "UD" (unlawful detainer). The hearing may also be referred to as a "UD."
The landlord may also ask for back rent, late fees, court fees, attorney fees (if allowed by the lease) and payment for any damages to the property.
If the judge rules that the landlord is not entitled to possession, the tenant may remain in the property for the full term, so long as the rent is paid on time and the provisions of the lease are followed. If the judge rules the landlord is entitled to evict the tenant, the judge will grant the landlord a judgment for possession.
If the tenant does not show up to protest the landlords claim, the judge will automatically issue a default judgment against the tenant. The eviction could take place as soon as 72 hours later.
If rent, fees and damages have been asked for and the landlord has proven that those should be awarded, the judge will also enter a judgment for that amount of money. If the General District court judge rules in favor of the landlord, the tenant has 10 calendar days to appeal an eviction to Circuit Court. In order to appeal, the tenant must post bond of whatever amount the judge decides.
In some localities, the judge will allow the tenant 10 days to vacate before the landlord can enforce the Order. Sometimes immediate possession is granted if the landlord presents a credible request. The judge will sometimes order the tenant to vacate immediately in cases where the tenant has caused property damage, threatened the safety of other tenants or engaged in illegal activity on or near the rented premises.
After court judgement, only the landlord can stop eviction.
After obtaining a judgement for possession, the landlord must request a "Writ of Possession" from the Clerk of the Court. The landlord must obtain a Writ of Possession to see that the court's order is enforced. The Clerk of the Court will send the Writ of Possession to the County Sherriff, who sets the eviction date.
The sheriff is required to give the tenant 72 hours written notice before an eviction. If the tenant does not voluntarily leave within that time, the sheriff will physically remove the tenant and his or her possessions from the apartment. Only the sheriff may actually evict the tenant from the apartment.
One time during any 12 month period, the tenant may stop the eviction proceeding before or at the first court date by paying all rent, costs and fees to the landlord, in full, if no damages are alleged by the landlord. There are strict legal requirements about using this once-a-year exception and you should consult an attorney to do it correctly.
Before the court date a tenant has the legal right to avoid eviction by paying the landlord the full amount due (including reasonable attorney’s fees and late charges, as well as rent).The landlord’s acceptance of payment of rent waives his right to terminate the tenancy, unless he gives the tenant written notice that he is accepting the rent with reservation and still intends to regain possession.
Virginia law does not allow landlords to lock out tenants or remove their belongings without going through legal proceedings. Also, a landloard my not cut off tenants access to essential services, such as heat, water, gas or electricity, without going through legal proceedings.
The Virginia Residential Landlord and Tenant Act protects tenants from certain types of retaliatory eviction. A tenant otherwise in compliance with the lease cannot be evicted simply because:
If a tenant feels the eviction is solely for one of these reasons, he can ask the judge to consider the details of the case.
If the landlord locks the tenant out or deliberately fails to supply essential
services, the tenant may have grounds to sue in court to recover possession
of the property or terminate the lease and owe no more rent. In either case,
the tenant can also sue the landlord for damages (for example, the cost of
finding alternative housing) and can collect attorney fees from the landlord.
To regain possession of a unit occupied by a tenant who is not on a long-term lease, the landlord must give the tenant at least 30 days notice to vacate the unit.
Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary State by State, so that some information in this web site may not be correct for your jurisdiction. Finally, the information contained in this web site is not guaranteed to be up to date. Therefore, the information contained in this web site cannot replace the advice of competent legal counsel licensed in your state.
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