.webp)
We covered Virginia's new 14-day notice requirement back in July, but a notice is only the first step. If a tenant still hasn't paid or moved out once that window closes, the actual eviction happens through a specific court process called an unlawful detainer, and it has its own timeline, paperwork, and pitfalls that catch a lot of Alexandria landlords off guard.
Key Takeaways
Once a notice period expires without compliance, a landlord files a Summons for Unlawful Detainer in the General District Court where the property is located.
A hearing gets scheduled after the tenant is served, and both sides present evidence, including the lease, notice, rent ledger, and proof of service.
A tenant who loses generally has a 10-day appeal period before a landlord can request a writ of possession.
After the writ is issued, the sheriff has 30 days to execute it and must give the tenant at least 72 hours' notice of the actual eviction date.
A notice that still cites Virginia's old 5-day nonpayment period is now defective and can force a landlord to start the entire process over.
Filing the Summons for Unlawful Detainer
If a tenant doesn't pay or vacate once a proper notice period runs out, the next step is filing a Summons for Unlawful Detainer under Virginia Code Section 8.01-126, in the General District Court for the city or county where the property sits. Filing fees typically run somewhere between $50 and $100 depending on the jurisdiction, and busy courts in Northern Virginia can take a little longer to assign a hearing date, so filing promptly once the notice period ends matters.
The summons has to be served on the tenant at least 10 days before the scheduled hearing, either by a sheriff, a licensed process server, or another adult who isn't involved in the case.
The Court Hearing
At the hearing, both sides get a chance to present their case in front of a judge. As the landlord, that means coming prepared with the lease, a copy of the notice that was served, proof of how and when it was delivered, a rent ledger showing the balance owed, and any relevant photos or written communication.
If the tenant doesn't show up at all, the court can grant a default judgment in the landlord's favor, though a minimum 72-hour waiting period still applies before anything further can happen. One detail worth building into your process now: the judge can't enter a judgment for possession unless the correct termination notice is actually presented as evidence, and an outdated notice, particularly one that still cites the old 5-day nonpayment window, can bar the judgment entirely.
If the Landlord Wins: The Appeal Period and Writ of Possession
Winning at the hearing doesn't mean immediate possession. A tenant generally has a 10-day appeal period before the judgment becomes final. Once that period passes, the landlord can file a Request for Writ of Possession in Unlawful Detainer Proceedings, which has to happen within 180 days of the judgment. The court then forwards the writ to the local Sheriff's Office, which has 30 days from the date it's signed to actually carry it out.
It's also worth knowing that Virginia law lets a tenant stop the process even at this late stage by paying everything owed, including fees, up to two business days before the scheduled eviction date, so a landlord shouldn't assume a signed writ guarantees the unit will actually be vacated on that timeline.
The Actual Eviction Day
Once the sheriff schedules the eviction, the tenant has to receive at least 72 hours' advance notice, though in practice this often runs closer to 5 to 7 days depending on the time of year and the sheriff's office scheduling. On the day itself, the landlord is generally responsible for providing a locksmith to change the exterior locks, and possession of the property transfers within 24 hours of the scheduled time.
This entire back half of the process, from filing the writ request to the actual lockout, typically adds several more weeks on top of whatever time the notice period and initial hearing already consumed, which is why getting the notice and filing right the first time matters so much for keeping the overall timeline as short as possible.
A Compliance Trap Worth Knowing About
Here's where the July 1 notice change creates a real risk for landlords who haven't updated their paperwork. Any nonpayment notice that still recites Virginia's old 5-day period is now considered defective under current law, and using it can force a landlord to void the notice, re-notice the tenant with the correct 14-day period, and refile from scratch, adding weeks to a process that's already lengthy.
If your lease templates or notice forms haven't been updated since before July 1, 2026, this is worth checking immediately, since it's an easy mistake to make and an expensive one to correct mid-process. Our tenant screening and lease documentation process is built to stay current with changes like this specifically so a filing doesn't get derailed by outdated paperwork, and our owner resources page walks through several other scenarios where an outdated form or missed deadline can cost more time than the original issue ever would have.
FAQ
How long does the entire unlawful detainer process typically take in Virginia?
It varies by court and whether the tenant contests the case, but between the notice period, the hearing, the appeal window, and the writ execution timeline, the full process commonly runs six to ten weeks or longer.
Can a tenant stop an eviction even after losing in court?
Yes, up to a point. Virginia law allows a tenant to pay everything owed, including fees, up to two business days before the scheduled eviction date to stop it.
What happens if I use an outdated notice with the old 5-day period?
The notice is considered defective, which can prevent the court from entering a judgment for possession and force you to re-notice and refile the entire case.
Who is responsible for changing the locks on eviction day?
The landlord is generally responsible for providing a locksmith to change the exterior locks once the sheriff executes the writ of possession.
Getting the Process Right the First Time
An eviction in Virginia isn't complicated once you know the sequence, but a single misstep, an outdated notice, a missed filing window, incomplete service, can add weeks to a process that already takes time.
Have questions about a specific tenant situation, or want a second set of eyes on your current notice templates before you need them? Give our office a call at 703.824.4704, or send us a message through our contact page, and we'll walk through where things stand.
