Last Updated : November 4, 2025 by Chris Bibey
As a landlord in Virginia (or any state, for that matter), you hope for a good relationship with all your tenants. That means many things, most importantly receiving all rent payments in full and on time.
Unfortunately, there could come a point when you have to evict a tenant in Virginia. If you face this situation, you must take the right steps at the right time.
This article discusses the many steps involved in the Virginia tenant eviction process.
While the steps may vary slightly from one eviction to the next, here’s a foundation for what you can expect to face.
When a tenant in Virginia fails to pay rent or violates the lease, the eviction process begins with a formal notice. For unpaid rent, the landlord must issue a pay or quit notice, which gives the tenant five days from the notice’s service date to pay what is owed or vacate the property. This notice is a critical first step to legally document the tenant’s non-payment, giving them a chance to correct the situation.
For lease violations that aren’t related to money, the landlord must issue a 30-day notice to quit. This notice addresses any breaches of the rental agreement, such as unauthorized pets or damage to the property. It gives the tenant 30 days to either fix the violation or vacate the premises.
If the tenant complies by paying the rent or correcting the lease violation within the notice period, the eviction process stops. However, if they fail to act, the landlord can move forward with legal action to regain possession of the property. Properly serving the correct notice is essential to avoid delays or complications in court.
Once the tenant receives a pay or quit notice for failing to pay rent, they have a limited window to resolve the issue.
In Virginia, tenants can avoid eviction by paying the overdue rent along with any applicable late fees within five days from the service date. This option provides tenants a final opportunity to catch up and remain in their homes.
If the tenant can pay in full before the five-day period expires, the eviction process comes to an immediate halt. The landlord must accept the payment, and the tenant can continue living in the rental property as long as they adhere to the terms of the lease moving forward.
Tenants need to act quickly, as failing to make payment during this time results in the landlord moving forward with legal eviction steps. For landlords, keeping detailed records of any payments made during this period is vital to avoid disputes later in the process.
Once the notice period ends without payment, the eviction proceeds to court, making this window the tenant's last chance to resolve the situation without further legal complications.
If the tenant does not comply with the notice by paying rent or vacating the property within the allotted time, the landlord can move forward by filing for an unlawful detainer, which is a civil claim for eviction.
To begin, the landlord must provide proof that the notice was properly served to the tenant.
Here’s how the process works:
At the hearing, the judge will decide whether the tenant should be evicted. If the landlord wins the case, the tenant is given a 10-day appeal period. During this time, the tenant can try to resolve the issue by paying the owed amount or vacating the property.
If no action is taken, the eviction process moves forward to the next stage.
This step formalizes the eviction in the legal system and sets a clear path for the final outcome.
Even after a summons for unlawful detainer has been issued, the tenant still has a chance to avoid eviction. Virginia law provides tenants with the right to redeem their lease, meaning they can stop the eviction by paying everything owed by the court’s return date. This includes:
The tenant must pay all these costs before the court appearance to exercise their right of redemption. If they do, the eviction process stops, and the tenant can remain in the rental property under the original lease terms.
For tenants, this is a final opportunity to make things right before the court reaches a judgment. For landlords, it’s important to keep accurate records of payments to avoid any disputes at the return date.
If the tenant does not pay by this deadline, the court hearing will proceed as scheduled, and the landlord may receive a judgment of possession, allowing the eviction process to continue.
This step provides a crucial moment for tenants to resolve the situation without further legal proceedings, but it requires immediate action.
If a tenant cannot pay the full amount owed by the court’s return date, they may still have the option to delay the eviction through a redemption tender. This involves bringing a written commitment from a local agency, charity, or nonprofit organization, which confirms that they will cover all or part of the overdue rent.
Here’s how this works:
This postponement provides tenants with extra time to gather funds and avoid eviction. However, they must return to court with the entire amount owed within the 10-day extension. If the tenant fails to meet this deadline, the eviction process moves forward as planned.
For landlords, this step is important to be aware of, as tenants might use it to buy more time. It’s helpful to track deadlines and payments closely during this period.
The redemption tender offers tenants a last-minute lifeline, but only if they follow through with the full payment before the extended deadline.
After the initial court hearing, if the tenant disputes the amount owed or other details of the case, the judge may schedule a trial. This return court date is the next key point in the eviction process. Both the tenant and landlord must appear in court to present evidence and argue their side.
Here’s what typically happens:
During the trial, the judge listens to both sides and decides whether the tenant must vacate the property. If the tenant owes rent and the landlord’s documentation is accurate, the judge will likely issue a judgment of possession in favor of the landlord.
For landlords, it’s important to bring clear, organized records to avoid delays. For tenants, attending the trial and providing valid defenses is critical to staying in the rental property.
Once the court rules, the eviction process either halts or continues based on the judgment.
If the tenant admits to owing rent or the trial concludes with the judge ruling in favor of the landlord, the court will issue a judgment of possession. This judgment grants the landlord legal authority to regain possession of the rental property.
At this stage, the tenant is legally required to vacate the premises unless they file an appeal or meet the requirements for redemption.
Here’s what happens next:
For tenants, this is the final stage before physical eviction. They must act quickly if they intend to appeal or resolve the situation by paying what is owed.
For landlords, securing a judgment of possession means they are one step closer to regaining control of the property. However, they must wait until the 10-day appeal period expires before taking further action to remove the tenant.
Once the judgment of possession is granted and the 10-day appeal period has passed without action from the tenant, the landlord can request a writ of possession. This legal document authorizes the sheriff’s office to carry out the eviction.
Here’s how the process works:
For landlords, this step is critical to regaining control of their property. The sheriff’s office will handle the physical eviction, following all legal protocols.
At this point, the tenant can vacate voluntarily or attempt to pay the full amount owed, including fees, before the scheduled eviction.
After the writ of possession has been issued, the sheriff’s office must give the tenant a formal notice of the eviction date. By law, the sheriff is required to provide at least 72 hours of advance notice before carrying out the eviction.
In practice, the sheriff gives tenants 5 to 7 days, depending on the time of year and other factors.
Here’s what happens:
For landlords, this step involves coordinating with the sheriff’s office. They will need to be prepared for the scheduled eviction, which may include securing a locksmith or arranging for additional assistance if required by the sheriff.
For tenants, this is their last formal notice to vacate the property. At this point, the only option to remain in the home is to pay all rent, fees, and other associated costs before the eviction date.
In Virginia, tenants are granted a final opportunity to prevent eviction through the extended right of redemption, a rule passed by the Virginia General Assembly in 2019. This allows the tenant to pay all the money owed up to two business days before the scheduled eviction date. This payment must include:
The tenant can use this extended redemption option to stop the eviction, but it is only available once in a 12-month period. If they exercise this right and pay everything owed, the eviction process halts, and they remain in the rental property.
This provision provides tenants with extra time to resolve their financial issues and avoid eviction, but it’s important to note that it can only be used one time per year.
For landlords, understanding this rule is important because tenants may still pay at the last minute and stop the eviction, even after court judgments.
If the tenant does not meet the payment by this extended deadline, the sheriff will proceed with the eviction as scheduled. This step offers tenants a final lifeline, but it requires full payment before the eviction takes place.
Once the eviction date arrives, the Sheriff’s Office carries out the final stage of the eviction process. There are two common methods used in Virginia:
This method is far more common because it is less expensive and easier to execute. The landlord hires a locksmith to change all the exterior locks within 24 hours of the eviction date. The tenant’s belongings are left inside the unit, and the property becomes a storage space for 24 hours.
During this time, the tenant is allowed reasonable access to retrieve their items, but they cannot stay in the property overnight.
After 24 hours, any items left behind become the landlord’s property, and the tenant is no longer allowed on the premises. If the tenant returns, they are considered trespassing.
In a full eviction, the tenant’s property is removed from the rental unit and placed on the nearest public right of way. This method is more costly because it requires the landlord to hire a locksmith and provide enough adults to assist with moving the tenant’s belongings.
The sheriff’s office supervises the process to ensure the eviction is completed according to the law.
Depending on the situation, the sheriff’s office may require the landlord to provide additional materials, such as:
In cases of severe weather or other unforeseen circumstances, the Sheriff’s Office may postpone the eviction until conditions improve.
Even with the above information, you may still have questions about how to evict a tenant in Virginia. Here are some of the most common.
No. Virginia law requires landlords to follow the legal eviction process, and forceful eviction can result in lawsuits for damages and attorney’s fees.
A self-help eviction occurs when a landlord tries to remove a tenant illegally by changing locks, cutting off utilities, or removing belongings. This practice is illegal, and tenants can sue for damages if it happens.
Penalties include being liable for the tenant's court costs, attorney’s fees, and actual damages. Tenants may also seek an injunction to prevent further violations during court proceedings.
Virginia law protects tenants from illegal eviction practices and provides tenants with legal recourse if a landlord fails to follow proper procedures. The law requires landlords to issue notices and use the court system to remove tenants legally.
The eviction process in Virginia typically takes 30 to 60 days from the initial notice to the final eviction. However, delays can occur if the tenant appeals or if court schedules are backed up.
Yes, tenants can avoid eviction by paying the full amount owed, including late fees, before the court hearing. In some cases, they may also have a right to redeem up to two business days before eviction.
Yes, landlords can evict tenants for lease violations, such as property damage or unauthorized pets. A 30-day notice to quit is required for these types of violations.
You do your best to properly vet every tenant. This helps reduce the risk of having to start eviction proceedings in the future. However, you never know what could go wrong.
If you need to evict a tenant in Virginia, follow the steps above so that you don’t break the law. Once everything is in order, you can then decide what to do next.
Will you find a new tenant? Will you sell your house to rid yourself of future headaches?
Regardless of the path you take, you must have a clear understanding of how to best manage your rental property—and that means being familiar with eviction laws.
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