Below is a list of frequently asked questions. The information contained on the pages shall not be considered legal advice. Each situation is different and no one explanation can cover every situation. For specific information, please consult the Code of Virginia, or for legal advice, please consult an attorney.
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 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 Ou t—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 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.
To learn the steps of the eviction process, please click here.
Yes. Please refer to the Tenant and Landlord Resources site for information on evictions.
You can visit our eviction site for links to sample forms.
Yes. You will need to provide our office with two copies of your notice (per person to be served), a self-addressed stamped envelope to return the proof of service back to you, and $12 per person to be served. We accept cash and check in person. If you choose to mail it to us, please do not mail cash.
Your landlord has taken the first step in the eviction process. Please refer to our eviction site for information.
Per Virginia Code §8.01-296, posting on the front door of the home is acceptable service. Please leave the notice posted on the front door as the deputy left it.
The sheriff’s office has up to 30 days from the issued date on the Writ of Eviction to execute the eviction. They are scheduled based on the deputy’s availability and the order we receive the writs from the court.
The deputy will contact the phone number listed on the Writ of Eviction to schedule the eviction. Each eviction is scheduled based on the deputy’s availability and the order we receive the writs from the court.
The landlord can contact the scheduling deputy to request rescheduling. However, please remember these are scheduled based on the deputy’s availability and there may not be enough time to reschedule. If you are still unable to go forward with the scheduled date, the deputy may have to cancel the writ, and you will have to file a new one with the court if you choose to proceed.
Please remember we receive many Writ of Evictions daily. We process them in the order we receive them and schedule the evictions based on the deputy’s availability. This ensures that all plaintiffs are given fair and equal attention to their case.
Per VA Code § 8.01-470 the sheriff’s office will give a minimum of 72-hours’ notice prior to the scheduled eviction date.
On the date of the eviction, the deputy oversees the process and keeps it peaceful. The landlord is responsible for changing the locks and/or removing the property and must provide movers, boxes, bags, etc., if property is to be moved to the public right-of-way.