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How do you start an eviction process in VA Beach?


I have tenants that will not pay rent on time, if at all. I need to know how to start the eviction process. Thanks.

Ok, here is what you're going to need to do:

You need to not communicate with them any longer... mums the word; from here on out it is paperwork. Type up your five-day eviction notice and send it out five days after the rent was due. You will then (on that fifth day) go to the magistrates office on 2425 Nimmo Parkway (BLDG 10) and file for "Unlawful Detainer." You will then be asked to fill out a summons and pay a fee of $30.00 per occupant in the property (whoever's on the lease). Not so many days hence, a sheriff will hand deliver or post that summons on the door of the rental residence (a clear embarrassment for the tenants). By now, they know you mean business and will probably try to contact you. If they contact you and offer to pay all or some of the rent... DECLINE. If you take any monies from the tenants, the process must start all over again... meaning another $30.00 a pop and paperwork for the next time they decide not to pay you.

Most likely, people who don't pay rent on time or at all will not show up for the court date written on the summons, so this may be easier than you think it is. Anyway, you will appear before the judge with a copy of the 5-day notice, the lease, and the bounced check (if any). The judge will look at the evidence and maybe ask a question or two, and you'll be on your merry way back to the magistrates office. If the tenants do show up, they wont' have a leg to stand on if they live in Virginia (landlord's rule there), but the process may take a tad bit longer being they may have the audacity to explain. So once you win the case, the magistrates office will notify the sheriff to post an eviction notice on the door of the residence. The sheriff will then make contact with you and arrange a date to show up at the place with thugs (of your chosing) to remove (or keep) what WAS theirs.

Now, most likely the place will be in disarray and trash will be left behind. But all in all, that will be the end of your misery. And don't worry about being a novice, the magistrates office will guide you through some things, but will not discuss court room procedings.

God bless.

i assume it is the same as everywhere. here you start at the magistrate's office.

Section 55-248.31 of the VRLTA outlines steps that must be taken by the landlord in the eviction process.

F. If rent is unpaid when due, and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in 搂 55-248.35. If a check for rent is delivered to the landlord drawn on an account with insufficient funds and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment and of the landlord's intention to terminate the rental agreement if the rent is not paid by cash, cashier's check or certified check within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in
搂55-248.35. Nothing shall be construed to prevent a landlord from seeking an award of costs or attorneys鈥?fees under
搂 8.01-27.1 or civil recovery under 搂 8.01-27.2, as a part of
other damages requested on the unlawful detainer filed pursuant to 搂 8.01-126

http://www.dhcd.virginia.gov/Homelessnes...

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