How to Delay an Eviction in Virginia

Virginia law allows landlords to evict tenants for many reasons, including not paying rent or violating the lease. However, renters can sometimes postpone an 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 termination notice that states the reason for termination, as well as a time period to either fix the problem (if that's an option) or move out of the rental unit. If you don't comply with the notice by either fixing (curing) the problem or moving out by the deadline, your landlord can file an eviction lawsuit. 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. (Va. Code Ann. § 55.1-1245(F) (2020).)
• Thirty-day notice to cure or quit: You will receive this notice if you violate the lease or rental agreement in some way other than not paying rent, and you can remedy the violation. For example, you might receive this notice if your landlord finds out that you are keeping a pet in the rental despite a no-pets clause in your lease. Under this notice, you will have 21 days to fix the violation. If you do not fix the problem within 21 days of receiving the notice, you must move out within 30 days of receiving the notice. If you don't cure within 21 days or move out within 30, your landlord can file an eviction suit. (Va. Code Ann. § 55.1-1245(A) and (B) (2020).)
• 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. (Va. Code Ann. § 55.1-1245(C) (2020).)
• Notice to quit for periodic tenancies: If you have a week-to-week tenancy, your landlord can send you a seven-day notice to quit, and file an eviction suit if you do not leave within the seven days. If you have a month-to-month tenancy, your landlord can send you a 30-day notice to quit, unless the rental agreement provides for a different notice period. (Va. Code Ann. § 55.1-1253 (2020).)

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 keep in mind that you are responsible for paying rent until the day you move out of the unit.

Also, keep in mind that being evicted has negative consequences (aside from the obvious one of losing your place to live). An eviction will hurt your credit score, and 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 might not stop an eviction, though, and you should carefully consider other options first.

Steps to Postpone or Avoid Eviction

It's understandable to feel panicked when you receive a notice to terminate. However, you need to take the time to read the document thoroughly and determine why your landlord wants you to leave. Even though you've received the notice, nothing is yet set in stone. Consider taking the following steps to postpone having to leave your property or to avoid being evicted.

Talk to Your Landlord

When you receive a termination notice, talking to your landlord should be your first step in attempting to avoid eviction. Through discussing the situation, you might be able to come to an arrangement with your landlord without going to court. Landlords don't like evictions, either: An eviction suit will cost both of you money (as well as time), and your landlord might be willing to not evict you 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, perhaps you can come to a mutually acceptable date and time for you to move out, rather than the deadline provided in the termination notice.

If you and your landlord reach any kind of agreement, be sure to get it in writing. All tenants and the landlord should sign and date the agreement.

Comply With the Eviction Notice, If Possible

If your landlord is terminating your tenancy for nonpayment of rent or a lease violation, the reason will be stated in the notice. So long as the violation isn't one that has occurred in the past or is uncurable, you might be able to avoid having to move out if you cure the violation. In Virginia, if you cure in a timely manner, your landlord cannot proceed with an 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. (Va. Code Ann. § 55.1-1245 (2020).)

If you are not able to comply with the eviction notice within the time period stated in the notice, try talking with 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 know you can pay 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 give you longer to cure the violation or pay rent, be sure to get the agreement in writing.

Attend the Eviction Hearing

If you do not comply with the notice by curing the violation or moving out by the deadline, your landlord can file an eviction lawsuit with the court. You will receive a copy of the paperwork your landlord files. You need to carefully review this paperwork—it will contain information about your legal duties, as well as a date for a hearing on the matter. You might 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's use of "self-help" eviction procedures to force you out of the rental unit. Consider consulting a local landlord-tenant attorney to ensure you are taking advantage of any and all defenses that might be available.

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 let the court know your situation. For example, if you have minor children living at home or health issues, the judge might not schedule the eviction right away—depending on the circumstances, some judges will give defendants 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.

If you're a renter and want more information on evictions, see Every Tenant's Legal Guide, by Janet Portman and Marcia Stewart (Nolo).