Before a landlord can file a Summons for Unlawful Detainer, the landlord must first give written notice of the lease termination. The length of notice required depends on the legal cause the landlord has to evict the tenant.
5 Day Notice:
If a tenant is late to paying rent or has failed to pay rent, the landlord must give at least a 5 day notice before the landlord can evict a tenant by filing an Unlawful Detainer.
30 Day Conditional Notice:
If a tenant has violated the lease or rental agreement, and that violation can be resolved, the landlord must give a 30 day notice to the tenant to remedy the violation. The tenant then has 21 days to remedy the violation before the landlord can file an Unlawful Detainer.
30 Day Unconditional Notice:
If a tenant has violated the lease or rental agreement in a manner that the violation cannot be resolved, the landlord must give a 30 day notice to the tenant detailing the violations that lead to the tenant’s eviction. The notice will also detail that the tenant must move at the end of the 30 day notice. If the tenant has not moved, the landlord can file an Unlawful Detainer.
After the landlord as met the notice requirement, the landlord can proceed to file an Unlawful Detainer. Filing an Unlawful Detainer will require the landlord to complete the form found on the Virginia Court’s website. You can find it here: https://www.vacourts.gov/forms/district/dc421.pdf
After the landlord as the met the notice requirements, an Unlawful Detainer can be filed with the General District Court in the city or county that the property is located.
Once the Unlawful Detainer Summons has been filed, the process does not stop there. The tenant must now be served with a copy of the Unlawful Detainer Summons and complaint, along with notice of the court date. Service is an essential step in the Unlawful Detainer process. A tenant may be served in the following ways:
- Personal Service – This means that the Unlawful Detainer Summons is delivered in writing to the party (tenant) in person.
- Substituted Service – If the tenant is unable to be served in person, a copy of the summons and complaint can be left with a member of the tenant’s family or a guest who is 16 years or older.
- Posting a Copy on the Front Door – If serving the tenant in person or through a family member or guest has proven to be unsuccessful, the tenant may be served by posting a copy of the summons on the front door or the main entrance of their place of residence.
- Mailing – If serving the tenant in person or through a family member or guest has proven to be unsuccessful, a tenant may be served by mailing the summons to the tenant.
- Publication – As a last resort, if serving the tenant has been unsuccessful by the above options, then the summons may be posted through publication.
Who is authorized to serve the tenant?
- The sheriff.
- Any person 18 years of age or older who is not a party or interested in the controversy.
- A private process server.
Need help navigating the unlawful detainer process? Our attorneys are experienced in landlord/tenant litigation and are here to fight for you in court. Give our office a call today!