Virginia Eviction Laws: 2025 Step by Step Process & Costs

By the Hemlane Team

Look, evictions are messy. We have worked with hundreds of landlords and tenants across Virginia and there is no sugar-coating it, the process is stressful for everyone involved. But here is what we have learned after years of managing properties in Richmond, Virginia Beach, Norfolk and everywhere in between- knowing the actual rules makes everything less painful.

Virginia's eviction process moves fast compared to most states. The Eviction Lab at Princeton tracks this stuff and Virginia consistently ranks among the quickest. That is great if you are a landlord trying to reclaim your property not so great if you are a tenant scrambling to figure out your options.

So When Can You Actually Kick Someone Out?

The Virginia Residential Landlord and Tenant Act spells out exactly what flies and what doesn't. You cannnot just decide you do not like someone and tell them to leave. There is a whole process and honestly? Landlords who try to skip steps usually end up starting over from scratch.

The Rent Didn't Come

This is what we see most often. Tenant does not pay, landlord panics and everyone is stressed. Under Virginia Code § 55.1-1245, you have got to give them a chance to catch up or get out.

Here's the thing though—partial payments are tricky. Say someone owes $1,200 and hands you $500. You are not required to take it and accepting it might complicate your case. We tell landlords to decide beforehand whether they will accept partial payment or stick to the full amount.

They Broke the Lease Rules

Every lease has rules. No smoking inside. Maximum two occupants. Whatever you agreed to. When someone violates those terms, you can't just show up with a U-Haul. The law requires specific notice, and sometimes you have to give them a shot at fixing the problem.

We had a case last year where a tenant got a dog without permission. The landlord sent a 30-day notice. The tenant found the dog a new home within two weeks and documented everything. The eviction stopped right there because the violation was cured. That is how it is supposed to work.

Serious Property Damage

Normal wear and tear does not count. Your carpet will get walked on, walls get scuffed and appliances break down. That's just life. But if someone punches holes in walls, floods the bathroom and ignores it or trashes the place? Different story.

The Virginia Department of Housing and Community Development has resources on what crosses the line from normal use to actual damage. Pictures with timestamps are your friend here, whether you're the landlord trying to prove damage or the tenant showing you kept things reasonable.

Criminal Stuff

Drug dealing, violence and other illegal activities get handled differently. Landlords can move faster and honestly, they should. Nobody wants that liability.

Here's How the Notice Thing Works

Mess this up and you're back at square one. Virginia courts don't play around with improper notice. We've seen landlords lose cases they should've won because they served the notice wrong or used the wrong timeframe.

Quick Reference: What Notice You Need

When Rent's the Issue

You write up a notice that says, "Pay everything you owe in 14 days or move out." Be specific, list the exact amount and include any late fees your lease allows. Vague notices get thrown out.

How you deliver it matters too. Certified mail is smart because you get proof. Taping it to the door works, but take a photo showing the date and location. Some landlords do both just to be safe.

When It's Something Else

Lease violations need 30 days' notice, and you need to explain exactly what rule got broken. "You violated the lease" won't cut it. "You allowed three people to move in when your lease states maximum two occupants" works.

Can they fix it? Give them the chance. Can't fix it? Say so in the notice. The judge will ask about this later.

The Actual Timeline (When Nobody's Dragging Their Feet)

People always want to know "how long will this take?" Based on what we've seen across Virginia's court systems:

What to Expect Timing-Wise

Fairfax County? We've seen cases done in three weeks when the tenant doesn't show up. Down in Richmond with court backlogs? Sometimes six weeks or more. Check your local General District Court website for their schedule—it helps you plan.

Tenants who do not show up to court basically lose automatically. Default judgment, game over. That's why showing up matters so much if you've got any kind of defense.

If You're the Tenant: You've Got Options

Don't just give up. Virginia law gives you legitimate ways to fight back and judges will listen if you have a real case.

Fix Whatever's Wrong

Got 30 days for having a pet? Rehome the animal and prove you did it. Document everything—texts to the new owner, photos showing the pet's gone, whatever shows you handled it. Landlords have to acknowledge when you've corrected things within the notice period. We've seen this work.

Call Out Retaliation

Let's say you report your landlord to the health department about mold in February. In March, suddenly you are being evicted for a minor lease violation that's been happening for months. That timing? Suspicious. VA Code § 55.1-1243 specifically bans retaliatory evictions.

Keep records of when you complained and when the eviction notice showed up. The connection matters.

Show the Place Was Uninhabitable

Your landlord has to maintain a livable property. That's not optional. Broken heat in winter, leaking roof they ignored, electrical hazards—these can be defenses against eviction.

But you need proof. Every text message asking for repairs. Every email. Photos with dates. According to the Virginia Housing Development Authority, habitability isn't just about comfort—it's a legal requirement. Your documentation could be what saves your case.

Get a Lawyer Yesterday

Virginia Legal Aid Society helps people who can't afford attorneys. We've watched their lawyers successfully defend evictions that seemed like lost causes. Even if you just get a consultation, you'll understand whether you've got a fighting chance.

Don't wait until the court date. Call them the day you get the notice.

When the Landlord Files the Lawsuit

After the notice period ends and nothing's resolved, the landlord files what's called an unlawful detainer with the local General District Court. Now it's official.

You'll get served with a summons—could be hand-delivered by the sheriff or sent certified mail. It tells you when to appear in court. Write that date down somewhere you'll see it every day because missing it means you automatically lose.

Here's what catches people: you should file a written answer before the court date OR show up in person ready to present your case. Just ignoring the summons guarantees the landlord wins.

Landlords need to bring everything to court. The lease, proof they sent proper notice, rent payment records, photos of damage if that's relevant. Judges want documentation, not stories. The burden's on the landlord to prove they did everything right and have valid grounds to evict you.

Court Day: What Actually Goes Down

Eviction hearings move fast. Like, shockingly fast. Fifteen minutes per case is pretty standard. The judge has heard a hundred of these before breakfast.

Landlord presents first since they're asking for something. They show their evidence—here's the lease, here's the notice, here's proof we served it properly, here's why they need to leave. Then you get your turn.

One thing we always tell landlords working with Hemlane: bring original documents. Copies are fine as backups, but judges prefer originals. The Virginia Supreme Court's landlord-tenant handbook explains that procedural mistakes can tank your case even when the tenant clearly broke the rules.

If the landlord wins, the judge issues a judgment for possession. They might also order the tenant to pay back rent, late fees, court costs, attorney fees if the lease allows it. Then comes the writ of possession—basically the official document saying the sheriff can remove the tenant.

You Can Appeal (But It's Not Easy)

Tenants get 10 days from the judgment to file an appeal with Circuit Court. You'll probably need to post a bond and keep paying rent into escrow while the appeal happens. Most judges won't let you stop paying just because you're appealing.

According to Princeton's Eviction Lab research, very few tenant appeals succeed, but it does buy time. Maybe enough time to find a new place and leave on your own terms instead of being physically removed by the sheriff.

When the Sheriff Gets Involved

Landlord gets their judgment, requests the writ of possession, and then the sheriff serves it on you. You've got exactly 72 hours to get yourself and all your stuff out voluntarily.

That 72 hours is real. Not business days, not "give me a few more days," not "I'm waiting on my check." 72 hours total. If you're not out, the sheriff comes back with a crew and removes you and your belongings. They'll put everything on the curb.

We tell landlords to document everything when they take possession—photos, videos, the works. Protects everyone. Any stuff left behind? The landlord can dispose of it, though some choose to store it briefly out of decency.

This part is brutal to watch, which is why everyone should try to avoid getting here.

Why Evictions Wreck Everything

For tenants, the judgment follows you around like a shadow. Every landlord you apply with will see it. Matthew Desmond's research at Harvard shows that evicted families often end up in worse housing or homeless because nobody will rent to them.

And you still owe the money. All of it. Unpaid rent, damages, court costs—it doesn't disappear just because you got evicted. Landlords can garnish your wages, go after your bank account, whatever Virginia law allows for collecting judgments.

For landlords, evictions are expensive and time-consuming. Court fees, possibly attorney fees, all the rent you're losing while the unit sits empty, turnover costs for repairs and finding new tenants. It adds up fast. That's why we push landlords at Hemlane to work things out when possible—payment plans, cash for keys, mediation. Sometimes those cost less than eviction.

What Landlords Can't Do (Seriously, Don't)

Some landlords get frustrated and take matters into their own hands. Big mistake. VA Code § 55.1-1243 makes "self-help" evictions illegal, and the penalties are serious.

You cannot:

• Change the locks before getting a court order
• Shut off utilities to force someone out
• Remove their belongings yourself
• Harass or threaten them to make them leave

Do any of this and the tenant can sue YOU. We've seen landlords who took shortcuts end up paying tenants thousands of dollars in damages plus attorney fees. Some even face criminal charges. Just don't. Follow the legal process or it'll cost you way more than doing it right would have.

Common Questions People Ask Us

What reasons let you evict someone in Virginia?

Not paying rent is number one. After that: breaking lease rules, damaging property beyond normal wear, criminal activity, refusing to let the landlord in for legitimate reasons. Each one has different procedures.

How much advance warning do you have to give?

Depends why you're evicting. Unpaid rent gets 14 days to pay or leave. Most other issues get 30 days. Serious criminal stuff can sometimes skip the waiting period. Check Virginia Code § 55.1-1245 for specifics.

What rights do tenants have?

Proper notice before any court filing. The chance to present your side in court. You can ask the judge for more time. You've got 10 days to appeal if you lose. The Virginia Poverty Law Center breaks down all tenant rights in detail.

Realistically, how long does this take?

Anywhere from 2-6 weeks typically. Faster if the tenant doesn't contest it or doesn't show up to court. Longer if there are court delays, scheduling conflicts, or appeals. Every jurisdiction runs a bit differently.

Can you stop an eviction once it starts?

Yeah, but your options narrow as things progress. Pay everything during the notice period? Stops it. Fix the violation? Can stop it. Win in court with a valid defense? Stops it. Once judgment's entered though, you're pretty much out of options except appealing.

What happens after you're evicted?

Sheriff gives you 72 hours with the writ. Then they physically remove you if needed. The eviction shows up on background checks. You still owe all the money—doesn't go away. Finding a new place becomes incredibly difficult.

Can landlords lock you out?

Nope. Illegal. Only the sheriff can enforce removal after a court orders it. Landlords who do this expose themselves to serious legal problems.

How Hemlane Fits Into All This

Managing properties is already a full-time job without adding eviction stress on top. At Hemlane, we built our platform after seeing how often things go wrong just because people don't have the right systems in place.

Our eviction services track rent payments automatically, generate legally compliant notices, and connect you with local Virginia attorneys who actually know landlord-tenant law. When you document everything correctly from day one, you're in a much stronger position if you end up in court.

For tenants renting from Hemlane landlords, the platform keeps clear payment records and communication logs. Prevents a lot of the "he said, she said" that complicates eviction cases.

This article is educational and doesn't substitute for legal advice. Virginia laws change and courts interpret things differently. Talk to a qualified attorney about your specific situation.