Virginia Affidavit of Possession by Tenant
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How to fill out Affidavit Of Possession By Tenant?
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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. Under this circumstance you can go from ?tenant? to ?trespasser? very quickly.
Under Virginia law, the landlord may not shut off utilities, lock you out of the rental unit, or evict you without giving notice and going to court.
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.
If the landlord wins the lawsuit, the judge will issue an order of possession. If the landlord asks, the Judge can give immediate possession and allow the landlord to get a Writ of Eviction right away. However, you cannot be evicted until your 10 day appeal period has passed.
The Writ of Possession/Eviction is released 10 days after the landlord wins the case. However, should a landlord fail to request for a Writ of Eviction by the end of 180 days after winning the case, they have to start the eviction process from the beginning.
Writ of Possession/Notice to Vacate (If the Landlord/Plaintiff wins the case, the Landlord/Plaintiff can obtain a writ of possession to move you out of the property. The Sheriff will post what is called a ?Notice to Vacate.? You will have five days from the date the Sheriff posts the Notice to Vacate to move-out.
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.
