Evicting a Renter in Fairfax, VA
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Anonymous
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Hi All,
Unfortunately, our tenant has not paid rent. He has been served a 5 day quit or pay notice, which expired yesterday. Today, the rental company contacted their lawyer to request a court date. Does anyone know how long it takes to get a court date? It sounds like once the court date is set, the tenant has 10 days to appeal and then the Sheriffs office has 30 days to post the eviction notice. Any guesses on how long the Sheriffs office will take? Ideally, the eviction notice would be served immediately and the tenant would have 72 hours to vacate. How long should I expect it to take to get the tenant out? Obviously, the sooner the better as we need to get a new tenant. If I am mistaken of my understanding of the process, please let me know. |
Anonymous
| IN VA he goes to the street on day 6, make sure the sheriff evicts his stupid ass ASAP and sell his shit on craigslist |
Anonymous
| don't take legal advice on this on the internet |
Anonymous
I did not ask for legal advice. I asked for a timeline. I'm sure someone on DCUM has evicted a tenant from Fairfax County and can give me an idea of how long it took. |
Anonymous
| bump |
Anonymous
OP, this is totally wrong! Timeline depends on a few factors (docket availability, whether the tenant shows in court, how fast paperwork gets filed, etc.). Talk to the attorney to get an idea. |
Anonymous
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Fairfax County Eviction Procedures
Eviction is the process by which a landlord obtains possession of the rental property by entering a lawsuit against the tenant(s) and receiving judgment from the court directing the tenant(s) to leave the property and pay back any rent, damage claims and costs of the court process. Following are the steps a landlord must take in the eviction process. STEP 1: Notice to Tenant(s) (Referred to herein as “Tenant” whether singular or plural) 5-day letter (Pay or Quit Notice) for money-related issues. This notice is used for failure to pay rent. The landlord gives the tenant written notice that rent must be paid within five days of service date or tenant must vacate the premises. OR 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. If a landlord requests Sheriff's Service for Notice to Tenant, the notice must include: The name of the individual(s) to be served and the address of the rental property. The original notice for return to landlord, plus a copy for each individual being served. Self-addressed, stamped envelope to send back landlord's proof of service. A $12.00 service fee for each individual being served. STEP 2: Summons for Unlawful Detainer Va. Code § 8.01-126 If the tenant does not comply with the notice, the landlord brings proof of the notice to the General District Court to obtain a Summons for Unlawful Detainer, which is a civil claim for eviction. The court issues a Summons for Unlawful Detainer and assigns a date when the landlord and tenant have an opportunity to appear. If the judge rules in favor of the landlord (plaintiff), the tenant (defendant) is granted a 10-day appeal period. STEP 3: Writ of Possession in Unlawful Detainer Va. Code §§§ 8.01-471, 8.01-470, 8.01-472 After the 10-day appeal period, the plaintiff files a Request for Writ of Possession in Unlawful Detainer Proceedings with the clerk of the General District Court. The court sends the Writ of Possession for the plaintiff to the Sheriff's Office. The Sheriff's Office has 30 days from the court's signing to execute the document. The Sheriff's Office contacts the plaintiff with the scheduled date and time of the eviction. The defendant is given a minimum of 72 hours notice prior to the scheduled eviction. The Sheriff's Service fee for Writ of Possession is $25 for the first defendant and $12 for each additional defendant STEP 4: Eviction There are two types of eviction: Full Eviction—The defendant's property, in its entirety, is placed on the nearest public right of way. The plaintiff must provide a locksmith and enough adults deemed necessary by the Sheriff’s Office to execute the eviction. The Sheriff's Office is responsible for protecting the interests of both parties. Depending on the particular circumstances, the Sheriff's Office may require the plaintiff to provide a moving truck, boxes and bags, and/or special equipment. In cases of inclement weather or unforeseen circumstances, the Sheriff's Office reserves the right to postpone the eviction to the next available date. OR 24-Hour Lock Change Eviction—This is the most commonly used eviction because it is far less costly than a Full Eviction. Possession of the dwelling is granted to the plaintiff within 24 hours after the scheduled eviction date and time. On eviction day, the plaintiff must provide a locksmith to change all of the locks on exterior entrances to the dwelling. The dwelling becomes a storage facility for the defendant's property for the next 24 hours. The plaintiff must grant the defendant reasonable access to remove his or her property during that 24 hour period. The defendant cannot stay in the dwelling overnight. At the end of the 24 hour period, any property left in the dwelling goes into the possession of the plaintiff who must sell or destroy it. If the defendant remains on the property or returns to the property after the 24 hour period expires, the defendant is trespassing. |
Anonymous
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Op, what do you think you should have done better either on selecting tenants application or any other factors to prevent this likely to happen?
I know you can't predict it, but what could you do better? I am a new landlord in va |
Anonymous
Did you run his/her credit/eviction report before renting? |
Anonymous
| Sounds like op had a rental management company |
Anonymous
As usual, in typical DCUM fashion, the fact the renter is not paying rent is a shortcoming of the OP/Landlord. Good Grief. 
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Anonymous
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OP here. Yes, we have a property manager. Credit was check (just over 700). HHI was close to $200k. Accounts were paid on time. Monthly debt was low. So by all accounts, we should have had no problems.
I read the info posted on Fairfax Co website about the eviction process. There was no mention of how long it takes to get a court date. Seems like once the court date is set, eviction is 45 days or less. I've heard the court date can take 3 weeks. I'm hopeful the Sherrifs office will serve the eviction paperwork sooner than 30 days. |
Anonymous
You can send your own letters with suggestions to the tenant. You can also state that when the sheriff comes things will be going down hill fast so it's best to vacate ASAP. |
Anonymous
| My dad had to evict someone (in Baltimore) and it took 6 months. I've always heard that the process can take a long time. I don't think it's a few weeks and then your done. |
Anonymous
| Va is better for landlords and bad for scumbag dead beat tenants much faster |