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jordan22655 · Feb 3, 2006, 05:40 PM

I live in Virginia. Does anyone know about eviction laws there? My brother received a 5 day eviction notice. What happens if he doesn't leave. Doesn't the landlord have to take him to court? How does this work? Thanks

LisaB4657 · Feb 3, 2006, 05:54 PM

If he doesn't leave the landlord has to file a lawsuit for eviction. Then it goes to trial before a judge. If your brother loses the case the judge will give the landlord a judgment for possession. Then the landlord has to give it to the sheriff. The sheriff will then post a notice on your brother's door, giving him a date by which he has to be out. On that date, if your brother hasn't already left the sheriff will evict him. Go to http://realestate.findlaw.com/tenant to read about evictions in general and then click on the Resources link to get the details for Virginia.

Fr_Chuck · Feb 3, 2006, 08:21 PM

The notice given to this person by the landlord is the first step at being removed. ( the notice will also have to follow any agreements within the lease or rental agreement also)

And as previously stated, the landlord will then file for court order.
The renter will be liable for the cost of this also. Here in TN it costs the landlord @90 dollars to file. Here in TN, they will serve the person, and/or post it on the door of the house, The hearing is held within 14 days of filing locally here. At that point, if the renter is not present at court, they are notified to leave and if they don't the sheriff sets up a timie with the landlord. The sheriff officer comes over and stands there while the landlord and people he hires moves everything to the curb.

At least here where I am at, it takes me about three weeks from filing to setting things on the curb.

Once or twice, I have actually offered the person 100 dollars to be out the next day. I tell them I am going down to file and that they would have to leave anyway. It saves me having to go to the court, and gets the person out 2 weeks faster and still costs me the same amount of money.

jordan22655 · Feb 4, 2006, 07:45 AM

Thanks for the info. This landlord is ridiculous. He told my brother all along that he was going to rent to him for another year, the lease expires March 1st. Then he puts the house on the market and says he has to leave. The rent isn't even due yet, not until the 5th and he filed a 5 day eviction on the 2nd. My brother already toldhim he would be in his new plave by the 20th, long before the lease was up. Seems ridiculous to go to court. They never had a problem before and the rent was always paid on time. He is nuts.