Important Information You Need to Know About Evictions in Virginia

  • The two most common types of evictions are for failure to pay rent or the lease term has ended. For failure to pay rent, Virginia law typically requires a five (5) day notice to be sent out. If the lease has ended and become month to month, the minimum notice is thirty (30) days prior to the rent due date. The lease may require additional notices. Make sure to comply with the lease.

  • Leases are allowed to dictate how eviction notices are to be delivered. It can require email or first class mail. However, the court is going to require proof that the notice was actually received before moving forward. The best practice is to have it delivered by the sheriff’s office for a fee.

  • Tenants have an absolute right of “redemption.” This means they can show up to court the day of hearing with money in hand and remain in the property.

  • There are many different ways for a tenant to be evicted. Criminal misconduct or safety hazards can also result in an eviction.

  • Virginia law requires that the landlord do a move out inspection and permit the tenant to be there during the inspection. The landlord must also itemize any claims against the security deposit within a certain number of days. If they fail to do so, the security deposit must be returned.