Full question:
When a tenant is 60 days plus late in rent and served an eviction notice and still refuses to move, what is the next step?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Virginia
Answer:
If a tenant is over 60 days late on rent and has been served an eviction notice but refuses to leave, the landlord must file a "Warrant for Unlawful Detainer" at the appropriate courthouse (General District Court) to initiate an eviction trial.
Both the landlord and tenant will be notified to appear at a hearing within 15 days, which may occur sooner in emergencies. At the hearing, the judge may either hear the case or set a trial date within another 15 days. If either party does not appear, the judge may issue a judgment against the absent party.
During the hearing or trial, the tenant can present evidence, such as testimony, receipts, and documents, to defend against the eviction. There is a 10-day appeal period following eviction judgments, except in cases of default judgment for non-payment of rent.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.