Virginia Eviction Process, how to do it?

Question

Hello,  I inherited two tenants when i bought my duplex in the start of February.   One of the tenants frankly told me she does not have a job and is "paying" with money she makes from doing Postmates.    She has not paid February rent, and is 2 days away from being late on March as well.    Frankly i want to get her out of here but im not sure of the best option.

Virginia Landlords/Managers,   how do i start the eviction process?   What are some expected fees I will have to pay?   Do I need a lawyer or can i represent myself/should I even do that?     Thank you very much, this is my first time having to go through the eviction process so I am still learning.   Thank you for your support guys!

Patti Robertson · Answer

First question is, do you have a lease? That should define when your rent is due and when it is considered late.  Only after your grace period can you start the process.  Without a lease, VA law says the rent is due on the first and the tenant has a 5 day grace period.  On day 6 you can send a demand letter that in VA we call a 5 Day Pay or Quit.  Make sure you say in the letter that rent is late, and if the tenant does not pay within 5 days you may file an Unlawful Detainer. Itemize all they owe, and included the cost of taking them to court.  (The amount of the court costs can be found on the general district court website.)  If you plan to use an attorney, include the cost of the attorney too.  Also include in the letter the date you mailed it, and the complete address of the property, including the unit number.  When the tenant does not pay on the 6th day after mailing the letter, either send the letter and your lease to a local landlord tenant attorney or go down to general district court and see the clerk.  Tell them you want to file an unlawful detainer and they will give you the form, along with instructions on how to complete it.  Take your checkbook, because most won’t take cash and they usually charge a hearty fee for credit card payments. You will get a court date about a month away.  Always show up in court, even if the tenant finds a way to make the payment. If the tenant doesn’t show, you can get possession, even if the don’t owe money to get a judgment.  Once you have filed, they owe you the court costs and attorney costs if an attorney filed the paperwork, so make sure you collect that in addition to the rent. Usually this process is enough to get the tenant current.  It is amazing how well a court hearing lights a fire in the tenant’s priorities. If they haven’t paid, you have to wait out the 10 days that the tenant has. To appeal the case, and then you can file a WRIT of Eviction, again in General District Court.  The Court will send this to the Sheriff’s office and the Sheriff will call you to schedule the eviction day and time.  You will have to tell them if you want a “move out” or “lock out”.  Lockout means you will have someone there to change the locks, and if the tenant left stuff you will move it out later.  Move out means you will have to have enough people present at the eviction to move all teh tenant’s stuff to the street within 2 hours.   Once set, they will post a notice on the tenant’s door with the date and time of the eviction at least 72 hours prior to the eviction time. Never, ever approach the house or talk to the tenant on the day of eviction before the sheriff gets there.  I just heard a story of someone doing that and the sheriff vacated the WRIT, saying that the landlord was doing a self help eviction, which is illegal in Virginia.  Just sit in your car until the sheriff gets there.

You’ve got this!