My rent got behind by two months and I received a 5 day notice then I received a summons for unlawful detainer set for dec 21. However the landlord is telling me that by her posting that 5 day notice I have to be out now. I was told it has to go to court first? I plan on paying my rent in the next few days and hopefully getting back on track.She also threatened to come change the locks. Can she do any of this? I live in va and I'm pretty sure all this has to go to court before I am forced to move is this true?

The 5 day notice meant pay within 5 days or leave, or the landlord will seek a summons for unlawful detainer and have you evicted by force.

Basically, getting the summons for unlawful retainer means that the landlord can and wll evict you, and they have/are already doing that.


Here's the timeline for evictions in Virginia.


Day 1: Rent due date
Day 5: Last day to pay to avoid late fee
Day 6: Landlord issues 5- day "pay or quit" notice
Day 11: Landlord files Unlawful Detainer
Day 25: Court hearing date, judgment for possession and money, last opportunity to redeem
Day 28: Last day for tenant to move or be put out by sheriff (if immediate possession is granted)
Day 35: Last day to file appeal

A landlord can terminate a lease at anytime due to non payment of rent. The 5 day notice was notice of that termination. You are required to vacate before the 5 days is up. If you ignore the vacate order, then the landlord has to take you to court to enforce it. And no they cannot change the locks until you have been evicted from the premises.

What you are missing here is the difference between terminating your lease and being forcibly evicted.

Now I'm not positive on how VA law deals with this, but the landlord may not be required to accept the rental arrears. If you are seriously in arrears or chronically late, they may not be required to allow you to catch up.

It seems you can pay the rent before the court date... however you will also need to pay any attorney fees, late fees and court costs associated with the detainer.

Virginia Code
§ 55-243. How judgment of forfeiture prevented.

A. If any party having right or claim to such lands shall, at any time before the trial in such ejectment, or at or before the first court return date in an action of unlawful detainer seeking possession of a residential dwelling based upon a default in rent, pay or tender to the party entitled to such rent, or to his attorney in the cause, or pay into court, all the rent and arrears, along with any reasonable attorney's fees and late charges contracted for in a written rental agreement, interest and costs, all further proceedings in the ejectment or unlawful detainer shall cease. If the person claiming the land shall, upon bill filed as aforesaid, be relieved in equity, he shall hold the land as before the proceedings began, without a new lease or conveyance. If the parties dispute the amount of rent and other charges owed, the court shall take evidence on the issue and make orders for the tender, payment or refund of any appropriate amounts.

B. In cases of unlawful detainer, the tenant may invoke the rights granted by this section no more than one time during any twelve-month period of continuous residency in the rental dwelling unit.