How to Evict a Tenant in Virginia for Non-Payment of Rent: A Comprehensive Guide

Are you a landlord in Virginia struggling with a tenant who isn’t paying rent? Understanding the legal process for eviction can help you navigate this challenging situation. The Virginia Residential Landlord and Tenant Act (VRLTA) governs residential tenancies, and it’s crucial to follow the proper steps to ensure a smooth eviction process. Here’s a detailed guide on how to evict a tenant in Virginia for non-payment of rent.

Step 1: Confirm Residential Tenancy Under VRLTA § 55.1-1201 (Applicability of chapter; local authority).

First, ensure that your tenancy falls under the VRLTA. The VRLTA covers most residential tenancies, and its definitions and provisions apply to your lease agreement. Typically, leases incorporate the VRLTA, providing a legal framework for handling disputes and other tenancy issues.

Step 2: Serve a 5-Day Pay or Quit Notice

If your tenant fails to pay rent, the next step is to serve a 5-Day Pay or Quit Notice. This notice, governed by Virginia Code § 55.1-1245(F) and/or the specific lease provisions, informs the tenant that they must pay the overdue rent or vacate the property within five days. Here’s what the notice should include at the very minimum:

• Amount of Rent Owed: Clearly state the total rent due, including any late fees. Preferably include a rent ledger showing the amounts owed and for what specific timeframes etc.
• Time Frame: Clearly state the timeframe for which such rent is owed
• Late Fees: Include any late fees as stipulated in the lease agreement.
• Reservation of Rights: Indicate that acceptance of any partial payments does not waive the landlord’s right to pursue legal action for the remaining balance or to regain possession of the property.

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 pay the overdue rent within the five-day period, 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 may also seek a judgment for the unpaid rent 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 tenant for non-payment of rent in Virginia involves several critical steps, from serving the 5-Day Pay or Quit Notice to filing an Unlawful Detainer action. By following the guidelines set forth by the VRLTA and ensuring proper documentation, landlords can navigate the eviction process effectively and lawfully.

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 protect your property and enforce your rights as a landlord.