Generally speaking, there are three steps to an eviction:

1.    Notice - There are two kinds of notices - a 5-day notice (§55-248.34:1) for non-payment of rent and a 30-day (§55-248.31) notice for a lease violation. These notices can be served by the Warren County Sheriff’s Office or mailed to the renter by certified mail, return receipt requested. 

2.    Summons for Unlawful Detainer (§8.01-28) - Once the 5-day or 30-day notice has expired, you need to take a copy of your notice to Warren County General District Court and request a Summons for Unlawful Detainer. At that time, the court clerk will issue you a court date and the defendant will be served a copy of the summons by the sheriff.  

3.    Writ of Possession in Unlawful Detainer (§8.01-470 & 472) - If the judge awards in the landlords favor, a Writ of possession will be issued.   

WRIT OF POSSESSION IN UNLAWFUL DETAINER

(§8.01-470 & 472) The Writ of Possession in Unlawful Detainer is a court order authorizing the Sheriff to physically remove a person and his belongings from the premises and to return possession to the landlord. Usually the court will not issue the Writ of Possession until the appeal period has lapsed. The appeal period is ten (10) days except where the landlord has asked for and the judge grants immediate possession at the hearing.  The 10-day appeal period is then waived. (§8.01-129) There are certain qualifications which must be met in order to obtain a wavier of the appeal period, and it strongly suggested consulting an attorney for additional information.

Do not confuse the waiver of the appeal period to mean waiver of the 72 Hour Notice, which will be covered later. 

Special considerations are made for mobile home evictions.  If the landlord requesting the eviction is the landlord of the mobile home, but not the lot owner, the tenant will be treated as though they were renting an apartment.  All personal property inside the mobile home will be moved to the nearest public way.

If the evicting landlord is the lot owner, but does not own the mobile home, then the lot owner/landlord has the option of either having the mobile home removed from the lot and placed in a storage area, or evicting while allowing the mobile home to be considered stored on the lot. In both cases, contents of the mobile home are not removed. The utilities are disconnected and the mobile home is secured so that no one can enter. The disadvantages to moving the mobile home to a storage area are that you may be required to obtain permits to move the mobile home and the expenses of moving it may be costly. The disadvantage of allowing the mobile home to remain on the lot is the same as landlords who do not change locks. The tenant will sometimes move back in.