How do I evict a tenant for non-payment of rent in Virginia?
Full Question:
Answer:
Eviction is the process by which a landlord removes a tenant from physical possession of the rented property. The legal action brought to obtain an eviction is called an unlawful detainer. Most frequently eviction consists of ousting a tenant who has breached the terms of a lease or rental agreement by not paying rent or a tenant who has stayed (held over) after the term of the lease has expired or only had a month-to-month tenancy.
In Virginia, eviction is carried out through a Writ of Possession in Unlawful Detainer
(8.01 - 470 & 472 code of Virginia) The Writ of Possession in Unlawful Detainer (Eviction) is a court order authorizing the Sheriff to physically remove a person and his belongings from a premises and to return possession to the landlord. Usually the court will not issue the Writ of Possession until the appeal period has lapsed. The appeal period is ten (10) days.
Every tenant has the legal right to live in rental housing unless and until the landlord follows the legal process for eviction. The process depends on whether your rental housing is covered by the Virginia Residential Landlord Tenant Act (VRLTA).
