How to Evict a Month-to-Month Tenant in Virginia: A Step-by-Step Guide

Evicting a month-to-month tenant in Virginia requires adherence to specific legal protocols to ensure a smooth and lawful process. The Virginia Residential Landlord and Tenant Act (VRLTA) governs these tenancies and provides a clear framework for landlords. Here’s an in-depth look at how to evict a month-to-month tenant in Virginia, focusing on the crucial step of serving a 30-day notice to quit.

Understanding VRLTA § 55.1-1253(A)

According to VRLTA § 55.1-1253(A), a landlord can terminate a month-to-month tenancy by serving a written notice at least 30 days before the next rent due date. This timeline is essential to comply with Virginia law and avoid potential legal complications.

Step 1: Serve a 30-Day Notice to Quit

The first step in evicting a month-to-month tenant is to serve a 30-day notice to quit. This notice informs the tenant that they must vacate the premises within 30 days. It’s important to note that the notice period must be at least 30 days before the next rent due date. Here’s an example to illustrate this requirement:

Example: If the rent is due on the first of each month, and you wish the tenant to vacate by the end of July, you must serve the notice no later than June 30. This provides the tenant with a full 30 days to vacate before the next rent cycle begins.

Proper Service of the Notice

The notice must be served correctly to be legally effective. The methods of service include:

• Certified Mail: Sending the notice via certified mail ensures there is a record of delivery.
• Private Process Server: Utilizing a private process server guarantees the tenant personally receives the notice.

Step 2: Prepare the Notice with Required Details

The notice must include specific details to comply with the VRLTA. Key elements include:

• Tenant’s Name and Address: Clearly state the names of all tenants and the property address.
• Notice of Termination: Explicitly state that the tenancy will terminate in 30 days.
• Reservation of Rights: Indicate that any rent accepted after the notice is served is with reservation of rights to pursue eviction.

Step 3: Proper Service of the Notice

The notice must be served properly to be legally effective. This can be done through:

• Certified Mail: Sending the notice via certified mail provides proof of delivery.
• Private Process Server: Using a private process server ensures the tenant receives the notice personally.
• Email: If specified in the lease agreement, email can also be a valid method of service.

Remember, notice is something that has to be proven in Court by the landlord. Keep in mind how VRLTA 55.1-1200 (definitions) defines notice in the context of landlord-tenant law:

“Notice” means notice given in writing by either regular mail or hand delivery, with the sender retaining sufficient proof of having given such notice in the form of a certificate of service confirming such mailing prepared by the sender. However, a person shall be deemed to have notice of a fact if he has actual knowledge of it, he has received a verbal notice of it, or, from all of the facts and circumstances known to him at the time in question, he has reason to know it exists. A person “notifies” or “gives” a notice or notification to another by taking steps reasonably calculated to inform another person, whether or not the other person actually comes to know of it. If notice is given that is not in writing, the person giving the notice has the burden of proof to show that the notice was given to the recipient of the notice.

Step 4: Initiate Unlawful Detainer Action [Form DC, 421]

If the tenant does not vacate after the deadline in the 30-day notice, the landlord can initiate an eviction by filing a Summons for Unlawful Detainer. This legal action requests the court to grant the landlord possession of the property and any associated costs. The form for this action can be found here.

Step 5: Attend the Return Date

After filing the Unlawful Detainer, a court date will be set. This is the Return Date. This is NOT the trial date. Both parties should be present on that date. This is simply an administrative hearing wherein the judge will ask both parties if there is still an ongoing dispute, and if a trial date should be set. Assuming that landlord and tenant cannot agree, then a trial date will be set.

• Make sure you ask the Court to order pleadings on the return date (bill of particulars for the landlord, and grounds of defense for the tenant)
• Failure to file any pleadings by the deadline may result in summary judgment against you.
• Prepare for trial by gathering evidence, issuing subpoena duces tecums etc.

Conclusion

Evicting a month-to-month tenant in Virginia involves serving a proper 30-day notice to quit and following up with an Unlawful Detainer action if necessary. By adhering to the guidelines set forth in VRLTA § 55.1-1253(A) and ensuring all notices are properly served, landlords can effectively manage their properties and uphold their rights.

For legal assistance or more detailed information, contact our experienced landlord-tenant lawyers at [www.moghullaw.com]Fox & Moghul. We’re here to help you navigate the complexities of eviction and protect your property rights.