Virginia (VA) eviction guide
Quick answer
To evict a tenant in Virginia, serve the correct written notice (as short as 5 days for nonpayment of rent), then file an unlawful detainer lawsuit in General District Court if the tenant does not comply. A hearing is typically scheduled within 21 to 30 days of filing, and the total process from notice to lockout usually takes 2 to 4 months.
| Legal grounds | Nonpayment of rent, lease violation, illegal activity, end of lease |
|---|---|
| Minimum notice | 5 days (nonpayment of rent) |
| Where to file | General District Court |
| Filing fee | $52 to $151 depending on jurisdiction |
| Typical timeframe | 2 to 4 months |
Required for nonpayment of rent; the tenant may stop the eviction by paying in full within 5 days.
Used for remediable lease violations; the tenant has 21 days to fix the problem and the remaining 9 days to move out if they do not.
Used for non-remediable breaches such as repeat violations; no opportunity to cure is given.
Landlords may file immediately when the violation involves criminal activity or willful acts that create an immediate health or safety threat.
| Step | Timeframe | What happens |
|---|---|---|
| 1. Serve the Required Written Notice | 5 to 30 days | Deliver the correct notice in writing based on the reason for eviction and wait the full notice period before filing. |
| 2. File an Unlawful Detainer in General District Court | 1 to 3 days | Submit DC-421 (Summons for Unlawful Detainer) at the General District Court in the county or city where the property sits, paying a filing fee of roughly $52 to $151. |
| 3. Serve the Tenant with the Summons | At least 10 days before the hearing | The court arranges sheriff service of the summons; the tenant must be served at least 10 days before the scheduled hearing date. |
| 4. Attend the Court Hearing | 21 to 30 days after filing | The initial hearing must occur within 15 calendar days of service; bring your lease, rent ledger, and all notice documentation. |
| 5. Obtain a Judgment and Request the Writ of Possession | Same day as judgment or shortly after | If the judge rules in your favor, request the writ of eviction immediately; under Virginia law the court shall issue it upon request after judgment. |
| 6. Sheriff Executes the Lockout | 15 to 30 days after writ issuance | The sheriff posts a 72-hour notice on the property and then carries out the physical lockout; only the sheriff may enforce the writ. |
Filing an unlawful detainer in Virginia costs roughly $52 to $151 depending on the courthouse, plus a sheriff service fee of about $25 per defendant and a writ of eviction fee of about $25 for the first defendant. Attorney fees, if hired, typically add $500 to $1,500 or more for an uncontested case, pushing the total to $500 to $2,000+ for most straightforward evictions.
After a judgment for possession, the landlord requests a writ of eviction from the court; Virginia law requires the court to issue it upon request (Va. Code SS 8.01-471). The sheriff then posts a 72-hour notice on the property and returns to complete the physical lockout. Self-help eviction, meaning changing locks or removing belongings without the sheriff, is illegal in Virginia and exposes the landlord to damages, court costs, and attorney fees.
General information, not legal advice. Governing statute: Virginia Residential Landlord and Tenant Act, Va. Code SS 55.1-1200 et seq.; Unlawful Detainer, Va. Code SS 8.01-126. Self-help eviction is illegal everywhere; always follow the court process.
Virginia eviction FAQ
Most Virginia evictions take **2 to 4 months** from the first notice to the sheriff lockout. An uncontested nonpayment case can move faster, closer to 6 to 8 weeks, while a contested case or backlogged court can push past 4 months.
Expect to spend **$52 to $151** in court filing fees plus roughly **$25 per defendant** for sheriff service. Adding attorney fees for an uncontested case puts the realistic total at **$500 to $2,000+** for most landlords.
No. Virginia prohibits self-help eviction. Changing locks, shutting off utilities, or removing belongings to force a tenant out without a court order is illegal and can result in the landlord owing the tenant damages and attorney fees.
It depends on the notice type. A tenant has **5 days** to pay or leave after a nonpayment notice, and **30 days** to vacate after most lease-violation notices. Even after a court judgment, the sheriff posts an additional **72-hour** notice before executing the lockout.
Evictions are filed as unlawful detainer actions in **General District Court** for the city or county where the rental property is located. The initial hearing must be scheduled within **15 calendar days** of service on the tenant.
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