Eviction Process

The Chesapeake Sheriff’s Office protocols for evictions are mandated by the Code of VA as amended.  The Sheriff’s Office works closely with tenants and landlords alike to satisfy the requirements of the court orders we serve.  Specific questions regarding evictions should be forwarded to the Sheriff’s Civil Enforcement section for clarification.

THE EVICTION PROCESS

When a Writ of Possession is received in the Sheriff’s Office, an eviction is scheduled as soon as possible.  The landlord or plaintiff will be called and the date and time for the eviction will be set.  THE PLAINTIFF’S ADDRESS AND TELEPHONE NUMBER MUST BE PRINTED ON THE WRIT.  If the Sheriff’s Office does not have a phone number to contact the plaintiff, the writ will be returned to the court.  Our deputies will provide the earliest date available for the eviction.  Keep in mind that evictions arrive in our office daily and scheduling may take a few days or possibly a week to be set.

Once the eviction date and time are set, we will serve an Eviction Notice at the address of the eviction.  VA CODE REQUIRES 72-NOTICE BEFORE DEFENDANTS MAY BE EVICTED.

If the defendant moves out after the eviction notice is served but before the Sheriff physically evicts them, the plaintiff may contact our office and the Sheriff may grant possession of the premises before the scheduled eviction date.

On the date of the eviction, the plaintiff must provide sufficient manpower to expedite the eviction or the Sheriff will cancel the eviction.   The Sheriff’s Office cannot wait for manpower or a locksmith to arrive.  The plaintiff must be prepared to remove property when the Sheriff arrives to execute the eviction.

MANPOWER RECOMMENDATIONS:

• Apartment complexes or mobile homes-four or more able bodies
• Houses, townhouses, condos and larger-six or more able bodies

All possessions removed from the residence will be placed on the nearest right-of-way.  The plaintiff must provide ample bags or boxes to gather loose items.  Care must be used in the handling of the defendant’s personal possessions.  We recommend that items are handled as if they are your own possessions.

Evictions:

1. Step 1:  5 Day Notice

When the tenant’s rent is in arrears, the landlord may give the tenant a written 5-Day Pay or Quit Notice to pay the amount due or risk an eviction.    This written notice is prepared by the landlord or their attorney.  This written notice can then be presented by hand to the tenant or mailed via registered or certified mail.   ***You may also bring the notice to the Sheriff’s office and a Sheriff’s Deputy will serve it for you.  There is a $12 fee for this service.  THERE MUST BE A WRITTEN AGREEMENT(LEASE ) IN ORDER TO USE THE 5-DAY PAY OR QUIT NOTICE.  If there is no written agreement (lease) a 30- Day Notice must be given regardless of payment status.

A 30-Day Notice is given to the tenant if there is no written agreement (lease) or the tenant is being evicted for reasons other than nonpayment of rent.  The notice must state what acts or omissions have breached the rental agreement or lease. At the end of the 30 days, if the tenant hasn’t moved out, the landlord can file an eviction lawsuit (Va. Code § 55.1-1245(C) (2020).)

***Service of the five or thirty-day notice by the Sheriff shall be in accordance with the Rules for Service of Process on a Natural Person (VA Code 8.01-296).  A copy of the notice should be served upon all defendants involved, and the Sheriff’s return placed on the original copy and mailed to the landlord or his attorney.  (VA Code 8.01-296, 55-225)

•  Step 2:-Summons for Unlawful Detainer

After the five or thirty-day period of notice has expired and the landlord has not received satisfaction, the landlord may obtain a Summons for Unlawful Detainer from the clerk of the court.  This document states the tenant retains possession of the premises unlawfully.  The clerk will issue a Summons for Unlawful Detainer against all persons named in the landlord’s affidavit and shall be served on those persons at least 10-days before the court return date.

The Summons for Unlawful Detainer is an action taken before judgment by the court; the Summons for Unlawful Detainer directs the defendants (tenants) to appear for a hearing.  The Summons for Unlawful Detainer is the legal process used to cover any situation in which the possession of any house, land or tenement is unlawfully detained by the person(s) in possession thereof.  (VA Code 8.01-124, 8.01-126 & 8.01-296)

• Step3:–Writ of Possession

When judgment has been awarded in favor of the landlord under a Summons Of Unlawful Detainer, the landlord may then obtain a Writ of Possession from the court.  The writ gives the authority of the Sheriff to remove the tenant and the tenant’s belongings from the premises.  The landlord will regain possession of the residence.

Appeal from Judgment of General District Court-VA Code 8.01-129, grants immediate possession to the landlord on the day of court if the tenant fails to show for the hearing.  This is referred to as Judgment by Default.

• Appeal from Unlawful Detainer Judgment

The tenant shall have the right to appeal the judgment of the district court.  The appeal must be filed within 10-days of the original court date with security given by the tenant (for rent due, etc.) as required by court.

Unless otherwise provided in the court’s judgment order, no writ of execution (Writ of Possession) shall be issued until the expiration of the 10-day appeal period.  (VA Code 8.01-120, 8.01-470).

VA Code 8.01-470 mandates the inclusion of the rights afforded to tenants when serving the 72-hour notice prior to their eviction.

• The VA code continues to give the landlord the option of having the tenant’s personal property removed from the premises and place “into the public right-of-way”.  The tenant has the right to remove his/her property from the public right-of-way during the 24-hour period after the eviction.  After the 24-hour period has expired, the landlord shall remove or dispose of any such property remaining in the public way.

• The VA Code gives the landlord an additional option.  “If the landlord requests, the sheriff shall cause such personal property to be placed into a storage area designated by the landlord, which may be the dwelling unit.”  The tenant shall have the right to remove his/her property from the landlord’s designated storage area at reasonable times during the 24-hour period after the eviction, or at such other reasonable times until the landlord has disposed of the property.

• Any property remaining in the landlord’s storage area upon expiration of the 24-hour period after eviction may be disposed of by the landlord, as the landlord sees fit and appropriate.  If the landlord received any funds from any sale of such remaining property, it shall be paid to the account of the tenant.

The VA Code further states that the eviction notice shall include a notice to the tenant of the rights afforded tenants in these code sections as well as a copy of the applicable code section.

• Inclement Weather

In the event of inclement or extreme weather conditions (rain, snow, etc.), or other unforeseen circumstances at the time set for the eviction which would work undue hardship upon the tenant, the Sheriff may reset the date.  The deputy will make this decision on the day of the eviction.  In the event the eviction is already in process and it starts to rain, snow, etc., the landlord will provide some type of covering for the items that have already been set out to protect them from the weather.

In the event of inclement or extreme weather conditions, the landlord still has the option to change the locks and store the property for 24-hours.

• Notice to Landlord

The Sheriff should coordinate the eviction with the landlord to insure that the landlord is prepared to remove the tenant’s possessions from the premises.  If the landlord does not make preparations or fails to comply with reasonable conditions imposed regarding the eviction, the Sheriff may cancel the eviction.

• Officer May Break and Enter

If, on the date of eviction, the  deputy should find the premised locked, the deputy has the authority under the Writ of Possession, to break and enter the premises in the daytime, after notice to the tenant (if he is on the premises), to restore possession to the landlord (VA Code 8.01-470).  If the landlord has a key, entry may be made with the key, or a locksmith may be used to affect the entry.  The landlord is responsible for hiring a locksmith.

• Removal of Property

Option A:

If the landlord chooses to have the property removed from the premises, the landlord and their crew must place it on the nearest right-of-way.  Everything must be removed from the premises before possession will be given to the landlord.

After the eviction is completed and all property is off the premises, the tenant has 24-hour period following the eviction, the landlord shall remove, or dispose of, any such personal property remaining in the public right of way.

Option B:

If the landlord chooses to have the property stored for 24-hours, they have this option.  The property must be stored in a secure and locked area; whether it is on the premises itself and the locks changed, or at another location.  No matter where it is the location must be secured.  The tenant has up to 24-hours in which to retrieve their property during reasonable hours.  After the 24-hours have expired, the landlord may dispose of any property as they see fit.

UNDER THE LANDLORD TENANT ACT/TENANTS RIGHTS, THE TENANT’S PROPERTY CAN’T BE WITHHELD DURING THE 24-HOUR PERIOD DUE TO MONIES OWED FOR BACK PAYMENTS.

Specific questions regarding the eviction process should be directed to the Chesapeake Sheriff’s Office Civil Enforcement section for clarification.