Virginia Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term

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US-03329BG
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Description

A forcible entry is an entry on real property in the peaceful possession of another, against the occupant's will, without legal authority, with actual or threatened force. Forcible detainer arises after entry, whether forcible or not, and usually consists of the unlawful holding of real property by force or by threats or menaces after a peaceable entry -- as in the case of a hold-over tenant.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Grace period not required, but usually 5 days. Courts usually allow late fee of 10% of the unpaid amount.

A holdover tenant owes a landlord rent for the period of occupancy after the lease expires. The law implies a contract to pay even if there is no oral or written agreement.

In any unlawful detainer case filed under § 8.01-126, if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession.

30-day letter (Notice to Quit) for contractual issues. This notice applies if the tenant is in violation of the lease/rental agreement. The landlord gives the tenant written notice to vacate the premises within 30 days.

Terminating or Ending Your Tenancy If it is a month to month lease, 30 days is usually required. If it is a year's lease, the lease will usually state that your notice ? that you will not be renewing the lease ? must be given 30 or 60 days before the lease ends.

Comply With the Eviction Notice, If Possible 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).)

As long as the tenant does not violate any rules, they can stay until their rental period ends. However, a tenant can be evicted if they stay in the property even a day after their written lease ends (and have not arranged for a renewal).

A holdover tenant owes a landlord rent for the period of occupancy after the lease expires. The law implies a contract to pay even if there is no oral or written agreement.

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Virginia Complaint for Unlawful Detainer - Tenant Holding Over After Expiration of Term