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The tenant eviction process in Virginia takes anywhere between 2 to 4 months depending on the type of eviction a landlord chooses to file. It can be frustrating to have to become familiar with each set of laws, but in the long run, this knowledge will make your time as a landlord easier when you are facing eviction measures. Examples of illegal activity are, but are not limited to: A Virginia eviction process does not allow a landlord to evict a tenant without good cause. Contact us for more information about our services in Richmondand Northern Virginia. While its technically OK to do this from time-to-time when you want to give a specific tenant leeway, you are just causing yourself to spend more time in the eviction process. It can be difficult to get an eviction off your record, but it's not impossible. You must give the proper number of notice days. We not only understand the Virginia landlord-tenant laws but can also help manage your Richmond rental property reliably and professionally. One situation that can be terrifying to landlords for a number of reasons (including how long it can take) is the eviction process. Due to COVID-19, there may be an eviction moratorium or the government may be offering rent relief efforts to help tenants in eviction protection. To proceed, the best next step is to send them a certified letter that states when they need to leave by. Of course, having to go through two hearings will take longer than evictions in states with only one hearing. The landlord must provide a written notice. The Writ must give you at least 72 hours advance written notice of the date and time the actual eviction will take place. How do you kill grass without killing plants? A: Depends on the city you live in https://www.politico.com/, Lets get into the depths of the eviction process in VA and how it works. Thankfully, the laws are being changed to being more balanced and fair for both tenants and landlords. They are as follows. Also, it can take much more time if the tenant chooses to have a jury trial. This notice will inform the tenant that the tenant has 21 days to either remedy the violation or move out of the rental unit. 6 Whats the legal way to evict a tenant in Virginia? Another key to avoiding the eviction process completely is having a good tenant screening process in place at the very beginning so you can hopefully weed out troublesome tenants before they even sign a rental agreement with you. This written notice informs the renter that they must move out of the property or pay the rent due in 5 days to avoid eviction. The tenant might be planning to argue about your claims, so its best to be completely prepared to prove your case. Any money made can be used to pay off the tenants owed debts to you for rent, repairs, and the cost of removal, but any remaining profit must then be, If you want to avoid the issue of eviction altogether, we recommend improving your, screening processes when choosing tenants. If you do not follow the proper number of days for each notice, the tenant can say the proper procedure wasnt followed during an eviction. The defendant is given a minimum of 72 hours notice prior to the scheduled eviction. By fighting the eviction, the tenant could delay the eviction and remain in the rental unit for longer. When 72 hours is up, if the family member has not vacated voluntarily, the Sheriff will arrive and conduct the eviction. In the best case scenario, eviction can happen in as little as two weeks or faster if the tenant decides to leave immediately. This notice contains similar information as the landlord notice, but it carries a lot more authority. It is illegal for a landlord to do a self-help eviction even if they have won the case. Even if someone isnt paying rent, they are staying at a property that is not owned by them. Finally, the day the landlord has been waiting for has arrivedthe tenant (if they havent moved out already) is forcibly removed from the rental unit. But if either the landlord or the tenant requests a jury trial, the process will take longer. This gives you the right to file a lawsuit against them, and that is why you must go to court to file a summons. Tenant Defenses to Evictions in Virginia has more information. Call us today at 703-957-2577 Book Appointment Having a good relationship with your tenants before an issue comes up is key here, since theyll be more likely to discuss any issues with you before things become a major problem, and are more likely to want to work with you on correcting any lease violations. Copy of the deed and the lease/rental agreement, Photo and video documentation of the violations committed by the tenant. A landlord must be aware of an update regarding COVID-19 Eviction Policies. In that case, you would have to start from the beginning again, and an eviction would take even longer. Before filing for an eviction with the court, you need to issue the tenant a notice to comply. After the notice period has passed, the landlord may file an Unlawful Detainer in the correct circuit or general district court. When you choose the right tenants, your time as a landlord will always be spent more profitably! Find out whats going on in the County and join us at our next meeting or event. Learn more about what to avoid here. For thirty-day notices, youll need to wait for thirty days to pass. If you want to avoid the issue of eviction altogether, we recommend improving your screening processes when choosing tenants. When you initially give an eviction notice to the tenant at the beginning of this process, include a statement about the tenants possessions. Choosing better tenants in the future will help you avoid the eviction process. If there is no written lease or rental agreement, Virginia law states that rent is due on the first day of each month during the tenancy. Due to changes in Virginia Law regarding notices given to Tenants during COVID 19, refer to Virginia Code 55.1-1245. And nobody has that kind of time to waste on simple mistakes! 3. Sometimes it may be quicker and there are cases where it can be longer. Step 2: Sending The Notice. Under this scenario, it will likely take in excess of two months to legally remove the tenants through the process. If the rent is paid on a monthly basis, then you must serve them a 30-Day Notice to Quit. The thing that you should really pay attention to is how long you have to wait before filing for eviction after giving notice to a tenant. How Long Does An Eviction Order Take? The process can differ from county to county, but they are more or less the same: This article details a summary for a landlord to refer to when beginning an eviction process. During the court hearing, the landlord has to support their claim with evidence and show it to the judge. Some important factors include location of your property, which type of notice was served to the tenant, the court's workload and circumstances surrounding the eviction situation. Step 6: Getting Your Money Back. The eviction process in the state of Virginia is also known as an Unlawful Detainer. How long does it take to evict someone in Virginia? The two major phases of the eviction process, according to eviction laws by state, are as follows: First, a court must determine who is legally entitled to possession of the property - the landlord or the tenant. By signing the written lease agreement, tenants agree to abide by all its terms. Landlords must also check out information about laws on Security Deposits so that they understand how it can help them in case a tenant is unable to pay for rent or repairs. Lets work through the different types of notices that you might need to use in Virginia: This notice is used whenever the tenant fails to pay rent by its due date. Step 5: Enforcing Eviction Rulings. Full guide on how to navigate COVID-19 as a landlord or renter in NYS: http://rentprep.com/landlord-tips/coronavirus-resources-new-york/, General Landlord Resources https://hcr.ny.gov/ You can either download the free PDF or Word template, or create your Virginia eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice. (Va. Code Ann. Actual time frames for all of the above will vary by the method employed by the landlord. All Rights Reserved. assuming your paralegal is really good, and you have a valid case/papers in order. A landlord has to provide a strong argument backed up by solid evidence against their tenant in order to win. A Virginia tenant could, for whatever reason, choose to do the exact opposite. Focus on choosing the right tenants, and your bottom line will reward you. Every step of the property management process is important, right? The very first thing that has to be done is that the landlord must give written notice to the tenant. Youll then need to request a writ of eviction from the court within a period of 180 days. When he's not hanging with his three children, he's writing articles here! Never try to remove a tenant from a property yourself use the Sheriff! So, how long does it take to evict a tenant, and how do you plan for something that doesn't have a set period? This notice is usually a form that is filled out by the landlord that details the tenant's violation and whether or not a tenant can fix the issue. If you sent out a notice to pay or quit, which is the first written notice used in the eviction process, the eviction itself hasnt started yet and can be canceled. It takes around a few months (6 months) for the eviction process to complete. If the tenant is not complying after the 10-day timeframe, the landlord may proceed with the eviction process. But every state also does that differently! In particular, there are a few parts of eviction where things often slow down. In Virginia, illegal activity includes illegal drug activity, criminal activity, and violent acts that affect the safety or health of other residents. Thirty-Day Notice To Quit If there is a major violation of the lease (major damage to property, hurting neighbors, etc. File a summons for unlawful detainer in Virginia. Yes; you can kick someone out of your house who doesnt pay rent. Some states wont forcibly remove the tenant unless the landlord specifically asks the court to have the tenant removed, while in others, tenants have from 24 hours to several days after the eviction order is delivered to actually move out before law enforcement returns to the unit to physically remove them. Once youve sent tenants the eviction notice, youll need to play a bit of a waiting game. Under the Virginia eviction laws, no-lease version, start the process with a 30-day notice to quit. It is important for tenants to respond to the 10-day notice in writing stating that they are or will be in compliance with the rental agreement. Every eviction process is different, but having a general idea of how long it takes to evict a tenant is important for your scheduling and bottom line. Many landlords are more focused on getting their properties filled quickly than they are on choosing great tenants, and that is a critical error. We examine the factors that affect how long an eviction takes. The Eviction Process in 5 Steps Author: Amy Grover 14 min Read | Last update September 05, 2021 LawDistrict Articles The Eviction Process in 5 Steps Visit Our Legal Dictionary Check Legal Dictionary Unlimited Legal Documents Create a Customizable Legal Form Now Get 7 Days Total Access to Our Entire Catalog! Evicting a tenant in West Virginia can take around one to three months, depending on the eviction type and whether a jury trial or removal to circuit court is requested. 2023, iPropertyManagement.com. How quickly a David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. That timeline can be extended by any number of things. The key point regardless of how you got to this point is that someone can live in your house without paying rent for as long as you allow them without contention. The court will usually need to push a jury trial date out further on the calendar since jurors need to be brought into court specifically for the hearing. How do I evict someone without a lease in Virginia? The chart below shows the general amount of time it takes to complete an eviction in each state. View all events or filter by agency. That being said, it is possible that a tenant who has been consistently paying late rent and knows that they will lose an eviction case will move out in 10 days or less when faced with the prospect of eviction. Usually, the court date will be set within 20 days. Give tenants information about the Virginia Rent Relief Program, 2. After receiving this notice, the tenant must leave by the end of the thirty days or they will be evicted. Sign up to receive emergency alerts, agency updates, community information, tax reminders and more. All Rights Reserved. The following are some defenses your tenant may choose to present before the court. The notice period depends on the reason for eviction. We make the lives of landlords, tenants and real estate investors easier by giving them the knowledge and resources they care most about. decides whether the tenant has to move out or can remain in the rental unit. First, you need to understand why eviction can take such a short or long time depending on the situation. If the landlord wins, the tenant must leave the property. The Sheriff's Service fee for Writ of Eviction is $25 for the first defendant and . Prince William County has over 70 boards, committees and commissions. Depending on why you are evicting a tenant, it could take more or less time. If the tenant fails to do so, the sheriff will return, usually within 6 to 15 days, and physically remove the tenant.". For any questions or concerns around Air X, please reach out to us at 804-726-1542. Additional questions about Virginia's eviction process should be directed to the state's official legislation. Another thing to consider when thinking about how long it might take for a tenant to get evicted is how quickly you can move into action. First, youll need to give notice to the tenant that you are thinking about evicting them. This includes but is not limited by the following: An eviction hearing is scheduled within 21-30 days after the landlord filed the complaint. Disclaimer: This content isnt a substitute for professional legal advice from a qualified attorney. State laws vary when it comes to eviction processes. The order could be issued immediately to several days after the hearing. You may be interested in finding ways to speed up eviction. No matter how impatient you are to have a tenant leave your property as soon as possible, it is important that you follow the rules. A Court date is set usually between 5 and 30 days from the date of issue. The type of notice that you give will depend on the reason for eviction, so youll need to think about that reason before you send any type of notice. Related Resources Eviction Landlord-Tenant Law In those states, tenants can still object to the eviction by attending a hearing. How To Save The Most Time By Avoiding Eviction? The eviction notice will provide a minimum of 72 hours for the tenant to vacate the property. How long does it take to evict a family member in Virginia? In most court systems and cases, the tenant will have a period of days to respond. An action you have taken is directing you away from this site to the following address: Prince William County may not own or control the contents of this link. Typically 10 calendar days are allowed after the Court date to provide the tenant time to appeal. As you can see, the amount of time an eviction may take varies widely between states, and often depends on the reason for the eviction, as well. This means that the tenant asks to have more time to move out than they would normally be allowed to have under state law. virginia law on eviction without a lease. After submitting an application with the LTB, the eviction procedure typically takes a total of 77.7 days to complete.However, before applying for the position, you are required to give a written notice to your renter.This might add anywhere from seven to sixty days to the overall procedure. A written answer is the tenant's opportunity to explain to the court why they should not be evicted. The landlord will file a "Wrongful Occupation" case in magistrate court. Should the tenant win, then they will remain on the premises. If youre new to the area or never had any experience with property management there, its essential that you know what areas have special requirements. Of course, the fastest way to get a tenant out is to find legal ways to avoid the eviction process altogether. Every landlord wants a speedy eviction hearing in order to get the rental unit back as soon as possible. (for most landlords VirginiaCode 55-248.2). The Writ of Eviction is issued 10 days after the landlord wins the case. A landlord cannot try to evict their tenant by doing any of the following. Some states may also have notice requirements to remove squatters. Only the proper law enforcement officials, such as the sheriff, can evict the tenant from the property forcibly. As long as the tenant does not violate any rules, they can stay until their rental period ends. This depends on the notice given to the tenant. 10 days. Once youve won the trial, its time for you to get a writ of possession. Notice period. After all, you signed a legal agreement to allow the tenant to live at the property until a specific date. 4 Can a landlord evict you without a court order in Virginia? Second, the court process often takes longer in reality than in theory. However, a tenant can be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal). Your time as a landlord is precious, but unfortunately, sometimes that time will have to be devoted to finding your way through the eviction process. In these cases, the tenant must vacate the property within 30 days.