Tenant Eviction Virginia: What You Need to Know Right Now

If you’ve gotten a notice to move out in Virginia, don’t panic. The eviction process follows a set of rules, and knowing them can save you time, money, and a lot of stress. Below we break down the steps a landlord must take, what you can do at each stage, and where you can get help.

How Eviction Works in Virginia

First, a landlord has to give you a written notice. The type of notice depends on why they want you out. For non‑payment of rent, it’s usually a five‑day notice. If you’ve broken a lease term, the notice can be 30 days. No notice means the landlord can’t file a case.

After the notice period ends, the landlord files a complaint in the General District Court. You’ll receive a summons telling you when to appear. This hearing is called a "trial" but it’s usually a quick look‑over of the facts. If the judge sides with the landlord, they’ll issue a writ of possession.

The writ gives the sheriff up to five days to remove you if you still don’t leave. That’s the final step. Until then, you can stay, pay back rent, or negotiate a move‑out plan. Missing the court date can lead to a default judgment, which makes the eviction automatic.

What Tenants Can Do to Protect Themselves

Don’t ignore any paperwork. Read the notice carefully, note the dates, and respond in writing. If you think the notice is wrong—maybe you paid on time or the landlord didn’t follow proper procedures—gather receipts, bank statements, and any communication.

Show up to the court. Even if you can’t afford a lawyer, you can represent yourself and explain your side. Bring all your evidence and be clear about why you think the eviction is unfair. Judges often give weight to tenants who are organized and respectful.

If you need help, contact the Virginia Legal Aid Society or your local tenant‑rights group. They can offer free advice, help you file a response, or even represent you if you qualify. Some counties also have mediation programs that let you and the landlord work out a solution without going to court.

Consider a payment plan if you’re behind on rent. Many landlords will accept a written agreement that spreads the amount over a few months. Get that agreement in writing and keep a copy—this can be a strong defense if the case goes to court.

Finally, know your rights about the condition of the property. If the landlord hasn’t fixed serious problems, you might have a “repair and deduct” option or a defense against eviction for non‑payment. Document any issues with photos and keep records of requests for repairs.

Evictions are stressful, but armed with the right information you can stay in control. Follow the notice rules, show up to court, and seek help early. That’s the best way to protect your home and avoid a surprise move‑out.