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Making a Virginia Eviction Notice
Property owners make Virginia Eviction Notices for the purpose of informing a tenant of future legal action if they continue to owe overdue rent, fail to respect the agreed-upon terms of the rental agreement that they signed, or do not leave the property as requested. As a result of this essential legal notice, you will be able to enforce your terms, while still granting your tenant(s) a chance to fix the matter before a certain deadline. That said, in certain cases, there isn't any solution, and going to court is inevitable. Suitable for all types of residential property, our Eviction Notice for Virginia can be used by property owners with tenants in Chesapeake, Norfolk, Virginia Beach, and in all other cities and municipalities throughout the Old Dominion State.
Generally speaking, yes, and you can use a Virginia Eviction Notice (more specifically known as a 5-Day Notice to Pay Rent or Quit) to kick off the process. However, due to COVID-19, there are some limitations and special protections in place for tenants who can't pay rent. Despite the fact that the federal ban on eviction was extended and then struck down, the state of Virginia can create and enforce its own regulations for evictions. Keep up with the latest guidelines for Virginia or ask a local landlord-tenant lawyer for further insight.
If you would like to remove a tenant from a Virginia rental property, you are required to always provide them with a Notice of Eviction. Some of the most common reasons why you may need to use one are:
Outside of these examples, a renter typically can be evicted by a property owner due to other reasons that are not connected to a fault of their own, such as when the landlord wishes to move in. Please note that the list shown above is not exhaustive and the lawfully accepted reasons for evicting tenants can vary from place to place. If you have any doubts with regard to Virginia eviction laws, you can always talk to an attorney.
You can click on the button that says "Make document" to check out the Virginia Eviction Notice sample and see what information you'll need to create your eviction letter. In general, the details that may be necessary to include in a Notice to Vacate for Virginia are:
In the event that your tenants are not at fault for the eviction, you may wish to add more details since the notice could likely be unexpected. Using the document tool, you are able to add more adjustments and edits, as needed. You'll want to verify that any policies and terms that you refer to are actually present in the fully executed rental agreement.
Eviction laws are continually evolving and the legal process and guidelines can be quite nuanced, especially for a first-timer. In some cases, there might be varying requirements depending on how long the tenant has occupied the unit and what the reason is for eviction. As a result, it is strongly recommended that you speak with a local eviction lawyer before delivering a Notice of Eviction.
Virginia Eviction Notice Laws: Va. Code Ann. §§ 55.1-1245, 55.1-1250
If you need to write this document using Rocket Lawyer, please follow these instructions. After learning more about the rental arrangement, Rocket Lawyer will build a Virginia Eviction Notice that is customized for your needs. This method is often going to be notably less time-consuming than finding and working with your average attorney.
The fees associated with working with the average attorney to create a Notice of Eviction might be anywhere between several hundred dollars per hour and thousands in total, if the matter is complex. Rocket Lawyer is not your average eviction form website. With us, any property owner under a Premium membership has access to up to a 40% discount when hiring an On Call attorney. If you wish to know what the complete cost of an eviction might be, you'll need to take into consideration the cost of filing court documents, legal fees, the value of unrecovered funds, storage and/or cleaning fees, and the money and time spent on looking for a replacement tenant.
The duration of the eviction process for Virginia renters usually will depend on the notice requirements, along with the overall volume of cases that are happening concurrently. Below, you'll find an overview of Virginia notice periods:
Following the pre-defined notice period, the actual eviction may still take 2 to 4 months. It is important to note that in particular types of housing, for instance where rent payments are subsidized, the mandated notice period may be longer.
While you may make a Notice to Vacate without assistance, most rental property owners who end up going to court will be represented by an attorney. Depending on whom you ask, some lawyers won't even agree to review your document if they didn't draft it. A better approach worth consideration is to get help via Rocket Lawyer On Call® network of attorneys. As a Premium member, you can request feedback from an attorney with landlord-tenant experience or get answers to other questions related to your VA Eviction Notice. We're always available to help answer any questions that you may have.
After completing a Virginia Eviction Notice using Rocket Lawyer, you will have the ability to open it on any device. You also may interact with your document by editing it, making a copy of it, downloading it in PDF format or as a Word document, and printing it out. You will need to sign and date it before serving it on the tenant(s). There are several different methods for serving the notice:
It is important to remember that "self-help" evictions are illegal. You shouldn't remove property, turn off utilities and services, replace locks, or in any way harass your tenant in order to make them move out. Taking the appropriate lawful actions leading up to and throughout the eviction proceedings is critical to removing tenants successfully with a judgment from the court.
You can skip serving an Eviction Notice and go straight to filing with the courts if the renter commits a criminal act that endangers the property or other tenants. Criminal acts include illegal drug activities.
Last reviewed or updated 01/15/2022