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What is the code for unlawful detainer in Virginia?
In any unlawful detainer case filed under 8.01-126, if a judge grants the plaintiff a judgment for possession of the premises, upon request of the plaintiff, the judge shall further order that the writ of eviction issue immediately upon entry of judgment for possession.
How do I get an unlawful detainer off my record in Virginia?
If you qualify, you can petition the court to expunge the unlawful detainer using a simple court form found here. A petition for expungement of unlawful detainer should include: The underlying case number. The city or county General District Court.
What comes after an unlawful detainer?
Judgment and eviction in unlawful detainer proceeding If the court finds that the landlord has proved their case, the court will enter a judgment against the tenant for eviction. The court or the landlord then fills out a writ of possession to give to the sheriff or marshal.
What is the unlawful detainer statute in Virginia?
If any forcible or unlawful entry be made upon lands, or if, when the entry is lawful and peaceable, the tenant shall detain the possession of land after the right has expired, without the consent of him who is entitled to the possession, the party so turned out of possession, no matter what right of title he had
How does an unlawful detainer work in Virginia?
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, the tenant is granted a 10-day appeal period.
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What is the difference between eviction notice and unlawful detainer?
The primary distinction between unlawful detainers and evictions lies in their legal processes and implications. Unlawful detainers are specific legal actions filed in court after the landlord has provided notice to the tenant, while eviction is a more general term that may encompass various methods of tenant removal.
What is an example of an unlawful detainer in Virginia?
The Grounds For Unlawful Detainer In Virginia You have breached one or more terms of your lease agreement with your landlord (for example, if a clause says that pets are not allowed and you keep bringing home pets).
Can a landlord evict you if there is no lease in Virginia?
NOTE: Under Virginia law, if you do not have a lease, and you do not pay rent, you are considered a tenant at sufferance. This means you can be evicted for any reason at all, at any time, and no notice needs to be given to you. Under this circumstance you can go from tenant to trespasser very quickly.
Related links
Step by Step Residential Eviction Procedure
Jun 1, 2020 How Does an Eviction Suit Get Filed? An evictions suit starts when the plaintiff files a petition asking the court to evict a person.
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