Eviction Procedures

Eviction is the process by which a landlord obtains possession of the rental property by entering a lawsuit against the tenant(s) and receiving judgment from the court directing the tenant(s) to leave the property and pay back any rent, damage claims and costs of the court process.

Following are the steps a landlord must take in the eviction process.

STEP 1

Notice to tenant(s)

(Referred to herein as “Tenant” whether singular or plural)

STEP 2

Summons for Unlawful Detainer

VA Code § 8.01-126

  1. If the tenant does not comply with the notice, the landlord brings proof of the notice to the General District Court to obtain a Summons for Unlawful Detainer, which is a civil claim for eviction.

  2. The court issues a Summons for Unlawful Detainer and assigns a date when the landlord and tenant have an opportunity to appear.

  3. If the Judge rules in favor of the landlord (Plaintiff), the tenant (Defendant) is granted a 10-day appeal period.

STEP 3

Writ of Possession in Unlawful Detainer

VA Code §§§ 8.01-471, 8.01-470, 8.01-472

  1. After the 10-day appeal period, the plaintiff files a Request for Writ of Possession in Unlawful Detainer Proceedings with the clerk of the General District Court.

  2. The court sends the Writ of Possession for the plaintiff to the Sheriff’s Office.

  3. The Sheriff’s Office has 30 days from the court’s signing to execute the document. The Sheriff’s Office contacts the plaintiff with the scheduled date and time of the eviction.

  4. The defendant is given a minimum of 72 hours’ notice prior to the scheduled eviction.

STEP 4

Eviction

There are two types of Eviction:

For more information about filing fees at the Culpeper County General District Court please contact them at 540-727-3417.

We cannot give any legal advice. If you have further questions that have not been answered in the procedures above please contact an attorney or contact Legal Aid Works at 540-825-3131.