Unlawful Detainer Eviction Process
Summary
In Virginia, a landlord must serve an Unlawful Detainer and obtain a Writ of Eviction to legally remove a tenant, even after the lease ends. Without a Writ, eviction is not enforceable. Consult a local attorney for specific advice.Full Conversation
I was given a unlawful detainer from my landlord. Then given a non renewal of lease notice. Can I be evicted without a writ of eviction notice in virginia
In Virginia:
*. A landlord must first serve an Unlawful Detainer.
*. If you don't leave, the landlord can get a Writ of Eviction.
*. The Writ allows the Sheriff to remove you.
So, without a Writ of Eviction, you can't be removed.
Even if the lease ends
Even if the lease ends, in Virginia, a landlord cannot forcibly evict a tenant without a court order. After the lease ends, you become a 'holdover' tenant and the landlord must follow the legal eviction process.
Ok. Was trying to understand because I received calls from the rental office stating that I would be evicted on Friday but I havent received any type of notice since the court hearing
In Virginia, landlords cannot evict tenants without a Writ of Eviction, even after lease ends. If you have not received this, it's likely the eviction threat is not yet legally enforceable. You might want to consult with a local attorney for more specific advice.
Ok. Thank you
You're welcome, ****. Don't hesitate to return if you have more questions. Remember, it's always important to consult with a local attorney for legal advice specific to your situation.
Ok. I will
It sounds like you're handling your situation well, ****. If you need any more legal information in the future, don't hesitate to ask. Remember, a local attorney can provide advice specific to your circumstances.