Full question:
My wife and I rented her house after we got married. the lady signed a letter to rent the house and pay a 500.00 deposit. and the rent of 425.00 on the first and 15th of each month. also to take over the utilities. we have not received but only one months rent full payment since July 1. We need a letter to give her 30 days notice to move out. We've talked to her several times about this, but it has not helped. any help you can give us will be greatly appreciated. thank you for your time.
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Virginia
Answer:
Eviction is the legal process that allows a landlord to remove a tenant from a rental property. In Virginia, this process is initiated through an unlawful detainer action, which is a legal claim for possession of the property due to the tenant's failure to comply with the lease terms, such as not paying rent.
To proceed with eviction, a landlord typically must obtain a Writ of Possession in Unlawful Detainer, as outlined in Virginia Code (8.01-470 & 472). This court order authorizes the Sheriff to remove the tenant and their belongings from the property, returning possession to the landlord. The court usually will not issue this order until the appeal period, which lasts ten days, has passed.
Tenants have the legal right to occupy rental housing until the landlord follows the proper legal procedures for eviction. The specific process may vary depending on whether the rental arrangement falls under the Virginia Residential Landlord Tenant Act (VRLTA).
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.