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Good afternoon. I certainly understand the situation and your concern. If the tenant has not paid rent, landlord must give the tenant a “Pay or Quit” notice. This notice gives the tenant five days to pay the rent or vacate the property from the date tenant was served with notice. See Va. Code § 55-225. If tenant pays the overdue rent, tenant has the right to remain in the property. Assuming the tenant does not pay the overdue rent, the next step requires the landlord to file a summons for unlawful detainer. After providing proof to the court that proper notice was given, the court will issue a summons to the tenant with a “first return date" and the eviction
process will begin. The court issues a Summons for Unlawful Detainer and assigns a date when the landlord and tenant
have an opportunity to appear.
If the judge rules in favor of the landlord (plaintiff), the tenant (defendant) is granted a 10-day appeal period. After the 10-day appeal period, the plaintiff files a Request for Writ of Possession in Unlawful Detainer Proceedings with the clerk of the General District Court.
The court sends the Writ of Possession for the plaintiff to the Sheriff's Office. The Sheriff's Office has 30 days from the court's signing to execute the document. The Sheriff's Office contacts the plaintiff with the scheduled date and time of the eviction.The defendant is given a minimum of 72 hours notice prior to the scheduled eviction.
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