Virginia Eviction Process: The 14-Day Notice, Unlawful Detainer and the Writ, Step by Step

In Virginia, an eviction case is called an unlawful detainer . It’s heard in the general district court for the city or county where the rental is [2]. The landlord has to give the right written notice, file the case, win a judgment, and then have the sheriff carry out a writ. A landlord can’t skip any of those steps [7].

The notice comes first

Which notice the landlord gives depends on the problem [1]:

• Unpaid rent: written notice giving the tenant 14 days to pay. If the rent isn’t paid in that time, the landlord can end the lease and go to court.
• Other serious lease violations (including health and safety problems): a notice that gives 21 days to fix the problem and ends the lease no sooner than 30 days after the tenant receives it. If the tenant fixes it in time, the lease doesn’t end.
• Problems that can’t be fixed: a notice ending the lease in no less than 30 days.
• A criminal or willful act that threatens health or safety: the landlord can end the lease immediately.
• A bounced rent check or rejected payment: 14 days after notice to pay in cash, cashier’s check, certified check or a completed electronic transfer.

The court case

To file, the landlord gives a sworn statement to a magistrate, the court clerk or a general district court judge, and the court issues a summons [2]. The summons must be served at least 10 days before the court date [2]. For a residential tenant, the first hearing should happen within 21 days of filing, and no later than 30 days [2].

The $36 is the fixed state fee for an unlawful detainer [11]. Courts add other fees, so ask the clerk for the full amount. Serving a writ of eviction costs $25, plus $12 for each additional defendant [10].

Paying to stay: the right of redemption

Virginia gives tenants behind on rent a way out that many don’t know about, called the right of redemption [3].

• At or before the first court date, the tenant can pay all rent due, plus late charges, attorney fees and court costs. The case is then dismissed, unless the landlord has another reason for possession [3].
• If the tenant brings a written promise of payment from a local government or nonprofit to pay everything owed within 10 days (a “redemption tender”) to the first court date, the court continues the case for 10 days. If the landlord isn’t paid in full by then, the landlord gets judgment and possession [3].
• Even after judgment, paying everything on the summons, plus court costs and the sheriff’s fees, at least 48 hours before the scheduled eviction cancels it [3].

Payment has to be by cashier’s check, certified check or money order [3]. A tenant can ask the landlord in writing for a statement of the amount owed [3]. Landlords with four or fewer rental units can limit redemption to once per lease period, if they give written notice [3].

Judgment, appeal and the writ

Either side can appeal to circuit court within 10 days of the judgment, and a tenant appealing must post bond in that time. Tenants found indigent don’t have to post an appeal bond [4]. The sheriff can’t evict before the 10-day appeal period ends [4].

If the landlord wins, the clerk issues a writ of eviction . It must be issued within 180 days of the judgment and is void if not carried out within 30 days of issue [6]. The sheriff must serve notice of the eviction date and time at least 72 hours ahead [5].

Other tenant protections

Retaliation is banned. A landlord who knows a tenant complained to a government agency about a code violation, made a written complaint about lease violations, joined a tenants’ organization, or testified against the landlord can’t respond by raising rent, cutting services, or filing or threatening an eviction [8]. There are exceptions, including when the tenant is behind on rent [8]. Starting January 1, 2027, the list of protected actions grows to include complaints to the news media and fair housing complaints [8].

Rent escrow for repairs. If the landlord won’t fix a serious problem, such as no heat, no water, no electricity or a rodent infestation, the tenant can file a tenant’s assertion in general district court [9]. The tenant has to give written notice first, and a delay of more than 30 days after the landlord gets that notice is presumed unreasonable [9]. Rent is then paid into court within 5 days of each due date [9]. If the problem isn’t fixed within six months and the landlord hasn’t made reasonable efforts, the court must give the escrowed money to the tenant [9].

Where to get help

• General district court clerk’s office for your city or county: forms, fees and court dates.
• Legal aid: Virginia’s legal aid programs can help eligible tenants with eviction cases and redemption.
• A landlord-tenant attorney: worth a call before the first court date, when the most options are still open.