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Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package

State:
Virginia
Control #:
VA-EVIC-PKG
Format:
Word; 
Rich Text; 
PDF
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Description

This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:



5 Day Notice to Pay Rent or Lease Terminates – Residential – This form is used by a landlord to demand payment of overdue rent from a residential tenant within 5 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay within 5 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.



Notice to Terminate Month to Month Lease - 30 Day Period to End of Term – Residential - This form is used by a landlord to terminate a residential month-to-month lease by giving the tenant a 30 day notice of termination at least 30 days prior to the end of any month. A month-to-month lease is one which continues from month to month until the landlord or tenant decides to terminate the lease. The landlord need not have any reason to terminate the lease other than a desire to do so. "Residential" indicates houses, apartments, or condos.



30 Day Notice to Terminate Lease Due to Non-Remediable Breach – Residential - This form is used by a Landlord to terminate any residential lease due to a non-remediable (cannot be repaired) breach by the tenant. This 30 day notice of termination is given at least 30 days prior to the termination date. "Residential" indicates houses, apartments or condos. The tenant must vacate the premises by the termination date, provided that the notice was served at least 30 days before that date.



30 Day Notice of Termination for Intentional Recurring Breach – Residential - This form is used by a landlord to give 30 day notice of termination of the residential lease due to the tenant's intentional act resulting in a recurring breach (one for which the tenant has already cured on a previous occasion of breach). "Residential" indicates houses, apartments, or condos. The tenant is not allowed a chance to cure, and must vacate the premises within the 30 day notice period.



60 Day Notice to Terminate Year-to-Year Lease - Residential from Landlord to Tenant - This form is for use by a landlord to terminate a year-to-year residential lease. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A year-to-year lease is one which continues from year-to-year, unless either party chooses to terminate. Unless a written agreement provides for a longer notice period, 60 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 60 days of the end of the current lease year. The form indicates that landlord has chosen to terminate the lease, and states the deadline date (which is the end of the yearly term) by which the tenant must vacate the premises.



Notice to Terminate Year to Year Lease - 90 Day Period to End of Term – Residential - This form is used by a landlord to terminate a residential year-to-year lease by giving the tenant a 90 day notice of termination at least 90 days prior to the end of the current lease-year. A year-to-year lease is one which continues from year to year until the landlord or tenant decides to terminate the lease. The landlord need not have any reason to terminate the lease, other than a desire to do so. "Residential" indicates houses, apartments, or condos. The tenant must vacate the premises at the end of the current lease-year, provided that the notice was served at least 90 days before the end of the lease-year.



Summons for Unlawful Detainer - This is filed by a landlord to evict an unwanted tenant and can also be used to collect rent and damages owed. It is also used to notify the tenant of the complaint being filed. This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes.



Summons for Unlawful Detainer Instructions - These are instructions for how to file the Summons for Unlawful Detainer Instructions, such as the attachments needed, number of copies, and information to fill out.



Certificate of Mailing Posted Service - This is filed as proof of giving notice to the other parties by mailing a copy of the document filed in court to them.



Notice of Hearing to Establish Final Rent and Damages - This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. This form is to be used to provide notice to a defendant/respondent of the hearing to establish final rent and damages in an unlawful detainer action where the court granted a continuance after granting possession to determine final rent and damages due. The plaintiff should provide the defendant/respondent the amounts requested. The notice must be mailed at least 15 days prior to the date of the hearing.
USLF amends and updates the forms as is required by Virginia statutes and law.



Request for Writ of Possession in Unlawful Detainer Proceedings / Writ of Possession - This form is used by a landlord after winning an eviction lawsuit to ask the court to order the sheriff to remove the tenant from the premises.



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  • Preview Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package
  • Preview Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package

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FAQ

The Virginia Residential Landlord and Tenant Act governs the relations between landlords and tenants. A landlord must file an eviction lawsuit, also called an unlawful detainer suit, and receive a court order before physically evicting a tenant.The type of notice required depends on the reason for the lawsuit.

Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. Keep Good Records. Make Sure Notice is Proper. Service of the Unlawful Detainer. Talking to an Attorney. Managing Partner Lipton Legal Group, A PC Beverly Hills, CA.

Common Reasons a Landlord Will File an Unlawful Detainer These include: The tenant has not paid rent. The tenant has engaged in illegal dealings at the rental property. The tenant has breached another substantial lease clausesuch as having a pet or threatening or harassing other tenants at the property.

Addresses. Date. Tenant names. Status and date of the lease. Why the eviction notice is served (clear and concise explanation) Date tenant must vacate the property. Proof of service or delivery of notice.

NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a tenant at sufferance. This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you.A periodic tenant is due notice at least one rental period in advance.

Step 1: Give Notice. First, you'll need to give notice to the tenant that you are thinking about evicting them. Step 2: Unlawful Detainer Summons. Step 3: Trial Time. Step 4: Writ of Possession. Step 5: Possession Removal.

Courts commonly refer to eviction actions as "forcible entry and detainer" or "unlawful detainer" actions. The legal theory is that the landlord alleges the tenant unlawfully continues to have use and possession of the rental property, and the landlord seeks the assistance of the court to have the tenant removed.

File a Request for Writ of Possession for Unlawful Detainer within one calendar year of the judgment issued. The court will send your request to the Sheriff, who must then execute the eviction order within 30 days.

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Virginia Landlord Tenant Eviction / Unlawful Detainer Forms Package