How to Delay an Eviction in Virginia

Tenants in Virginia can be evicted for a number of different reasons, including not paying rent or violating the lease. However, there may be a few things you can do to postpone the eviction, or perhaps even stop it altogether.

Understanding Eviction Notices in Virginia

If your landlord decides to evict you, you will first receive a written notice that states the reason for the eviction and a time period to either comply with the notice, if possible, or move out of the rental unit. In Virginia, you could typically receive one of four types of eviction notices, depending on the reason for the eviction:

  • Five-day notice to pay rent or quit: You will receive this notice for not paying rent when it is due. Under this notice, you will have five days to either pay rent or move out of the rental unit (see Va. Code Ann. § 55-225).
  • Thirty-day notice to cure or quit: You will receive this notice if you violate the lease or rental agreement and you can remedy the violation. Under this notice, you will have 21 days to either fix the violation or move out of the rental unit. If you do not comply with the notice, then the landlord can file an eviction lawsuit against you at the end of 30 days (see Va. Code Ann. § 55-248.31).
  • Thirty-day unconditional quit notice: You will receive this notice if you violate the lease or rental agreement and the violation cannot be remedied. Under this notice, you will have 30 days to move out of the rental unit (see Va. Code Ann. § 55-248.31).
  • Thirty-day notice to quit: You will receive this notice if you have a month-to-month rental agreement and your landlord wishes to end the tenancy. Under this notice, you will have 30 days to move out of the rental unit (see Va. Code Ann. § 55-248.37).

It is important to note that you are not automatically evicted when the time period in the notice runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.

Also, keep in mind that there are negative consequences to being evicted, other than losing your home. An eviction will have a negative impact on your credit report, and it could affect your prospects for future housing. Some landlords will not rent to people who have been evicted from a previous location.

For more information on the eviction process in Virginia, see The Eviction Process in Virginia. Also, if you are being evicted because the rental property is being foreclosed, see the Nolo article Rights of Renters in Foreclosure.

If you are considering filing for bankruptcy to stop your eviction, you should look at Evictions and the Automatic Stay in Bankruptcy. Filing for bankruptcy may not stop an eviction, and you should carefully consider your options before doing so.

Talk to Your Landlord

If you receive an eviction notice, you should first try talking to your landlord. You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease. If you can’t come to an agreement that prevents you from moving out, perhaps you can agree on a certain date and time for when you will move out of the rental unit.

If you and your landlord are able to agree on anything, be sure to get the agreement in writing, signed and dated by both of you.

Comply With the Eviction Notice, If Possible

If you are being evicted for not paying rent or violating the lease, then your eviction notice will state the reason for the eviction. If you comply with the eviction notice by either paying all the rent due and owing or correcting the lease violation, then, in Virginia, the landlord must not proceed with the eviction (see Va. Code Ann. §§ 55-225 and 55-248.31).

If you are not able to comply with the eviction notice within the time period stated in the notice, then you should talk to your landlord. For example, if you are being evicted for failure to pay rent, you will receive a five-day eviction notice. If you can’t pay the rent in full within five days but you could by the end of the week, you should talk to your landlord to see if you can arrange to pay later. If your landlord agrees to terms that are different from the eviction notice, then you should get the agreement in writing.

Attend the Eviction Hearing

If you do not comply with the eviction notice and you and your landlord are not able to reach an agreement, then your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork after your landlord files. You need to carefully review this paperwork as it will have information about an upcoming hearing before a judge. You may be required to file paperwork, such as an answer, with the court before attending the hearing. An answer is a document that allows you to state the reasons why you should not be evicted. This is where you need to put any defenses to the eviction, such as the landlord using “self-help” procedures to force you to move out of the rental unit. In Virginia, it is illegal for a landlord to shut off the utilities to the rental unit in an effort to get you to move out of the rental unit. If your landlord tries this, you may be able to use it as a defense against the eviction (see Va. Code Ann. §§ 55-248.26, 55-225.2). For more ideas on possible defenses against an eviction, see Tenant Defenses to Evictions in Virginia. You should also contact a lawyer to ensure you are using the best defenses available to you.

Regardless of whether you are required to file an answer with the court, you must attend the hearing. At the hearing, you will be able to present your defenses to the judge, and the judge will make a decision about the eviction. If you do not attend the hearing, it is likely the judge will automatically rule in the landlord’s favor.

Even if you don’t have any defenses against the eviction, you should still attend the hearing and talk to the judge. Depending on your circumstances (such as if you have minor children living at home or health issues), the judge might not schedule the eviction right away. The judge might give you a little extra time to prepare and move out of the rental unit before ordering a sheriff to perform the eviction. Keep in mind, though, that you will still owe your landlord rent until you move out of the rental unit.

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