This information should be considered as a general guide for civil process, all process is subject to change. If you have questions regarding your specific situation please contact the Warren County Sheriff’s Office — Civil Division, (540) 635‑2074.
In the section we will cover the following:
Time Period for Executing Writ of Eviction
Duties of the Landlord “lock-out” 55.1–1255 & 55.1–1416
Duties of the Landlord “24-Hour Notice / Set-Out” 8.01–470 and 8.01–156
Postponement and cancellation of scheduled evictions
Fees
All Virginia Paper Service is $12.00
All out-of-state paper service is $75.00
No Trespassing
How to trespass someone from your property?
Option 1 — The property that you are requesting someone not enter upon can be properly posted. This means posting a sign giving notice to anyone not to trespass upon your property. This method is a blanket trespass and not specific to a person. This sign must be posted in a conspicuous place so that the sign can be easily seen by all. If you have a large area of property, multiple signs may be needed.
Option 2 — You may send someone a notice of no trespassing through the mail. This notice must include at a minimum; the date issued, who is being trespassed, the address of the property you are requesting they not trespass upon, that you are requesting them not to enter upon or trespass on this property, and who the no trespass notice is from. To ensure the intended recipient receives this notice and to prove service, this no trespass notice should be mailed certified through the Post Office, signature upon delivery. You should also keep a duplicate copy of the notice sent for your records and keep the certified signature receipt with to no trespass notice.
Sample — No Trespassing Notice
Evictions
The Landlord Tenant Handbook 2022 is available online along with other related links.
For more information go to The Virginia Department of Housing and Community Development website.
For more information about filling fees at the Warren County General District Court please contact them at 540–635-2335.
All eviction information is subject to change. The Warren County Sheriff’s Office will follow the guidelines from local, state, and federal orders. These orders may include but not limited to the President of the United States, Governor of Virginia, and/or any judge (Virginia or Federal). We will also follow the guidance of the Commonwealth Attorney.
Eviction Process
The following is not to be considered legal advice. It is recommended that owners of rental property obtain a copy of the applicable law (Sections 55.1–1200 through 55.1–1262 of the Code of Virginia ) The Code of Virginia (COV) is available in libraries and on the internet and is updated each July 1. Seek the advice of an attorney if necessary.
- To begin the process the landlord must give written notice to the tenant advising the tenant that he is in violation of the lease. If the violation is failure to pay rent, notice must be served on the tenant giving the tenant 5 days to pay or be subject to termination of the lease or eviction. All other eviction reasons are 30 days.
- If the violation has not been corrected, the landlord may obtain a Summons for Unlawful Detainer from the clerk of the General District Court requesting a judgment for the right to evict and for money owed. It must be served by the Sheriff or a process server at least 10 days before the court date and a copy must be mailed by the landlord to the tenant (also 10 days prior).
- On the court date, present to the judge the lease, copy of the notice and the rent ledger. (Copies may be left with the court)
- If judgment is granted, the landlord may obtain a writ of possession from the clerk after 10 days from the judgment date unless the court grants the right to “immediate possession”.
- Upon receiving the writ, contact the Warren County Sheriff’s Office to set a date for the eviction.
- On the date of the eviction, the Sheriff supervises the process and keeps it peaceful. The landlord is responsible for locking out the tenant, or removing the tenant’s property (and should bring persons, boxes, bags, etc. to do so). Or, in either case the tenant has the right to collect his personal property within 24 hours of the eviction. (If the tenant is locked out, the landlord must provide reasonable access to the tenant. This is not meant to imply that the tenant has 24 hours moving time, but has a 24 hour period to schedule a time convenient for the landlord to grant access to the property).
TAKE NOTE of the following:
A) Upon receiving a “Writ of Eviction” even in the case of a Court Granted “Immediate possession”, the property owner must wait 10 days for the appeal right to expire before you can request the Sheriff’s Office serve a vacate notice. After waiting the 10 days the Sheriff’s Office may now serve the vacate notice advising the tenant of the date and time of the eviction. The Sheriff’s Office must give the tenant a minimum 72 hour notice from the service of the vacate notice and the time of the eviction.
B) If the eviction is delayed for any reason, an additional minimum 72 hour notice must be given.
C) The Sheriff’s Office will reschedule evictions when the weather is bad or temperatures are extremely low.
D) If the landlord is going to procede with a “set-out” on the day of the eviction, the landlord must provide staff to do so. If the Deputy feels that there is not adequate staff to conduct a “set-out” in a resonable amount of time, the Deputy will reschedule the eviction.
Sample — Notice of Acceptance of Rent With Reservation
§ 55.1–1250. Landlord’s acceptance of rent with reservation
Virginia Statement of Tenant Rights and Responsibilities under the
Virginia Manufactured Home Lot Rental Act as of July 1, 2022
Writ of Eviction
(8.01 — 470 & 8.01 — 472 code of Virginia) The Writ of Eviction is a court order authorizing the Sheriff to physically remove a person and his belongings from a premises and to return possession to the landlord. Usually the court will not issue the Writ of Eviction until the appeal period has lapsed. The appeal period is ten (10) days.
Please click link to read full code section.
Time Period for Executing Writ of Eviction
The Writ of Eviction gives the Sheriff thirty (30) days in which to execute, however, our office expedites these processes since each day the tenant remains on the property the greater the loss by the landlord. Effective July 1, 2000, this code, 8.01–470, has been modified to read, “The execution of the Writ of Eviction by the Sheriff should occur within fifteen (15) calendar days from the date the writ is received by the Sheriff, or as soon as practicable thereafter, but in no event later than thirty (30) days from the date the Writ of Eviction was issued.” While this change speeds up the eviction process, it allows for discretion as well.
It is important to remember the date the Writ was issued should a postponement be requested after scheduling the eviction. This will be discussed in detail later. (8.01 — 470, 8.01 ‑471 code of Virginia)
Please click on link to read entire code section.
72 Hour Notice
The 72-hour notice is not to be confused with the ten (10) day appeal period. The codes relating to the ten (10) day appeal period and the 72 hour notice are covered under two different code sections. The Writ of Eviction will be held in the General District Court Clerk’s Office until the ten (10) day appeal period has expired. Upon receiving the Writ, you should contact the Sheriff’s Office as soon as possible to schedule the eviction itself. When scheduling the eviction, the Sheriff’s Office staff takes many things into consideration including the 72 hour notice which needs to be given to the tenant prior to the eviction.
Note: When the court grants an immediate Writ of Eviction to the landlord, this, in no way, waives the tenant’s right to 72 Hours Notice under 8.01–470.
After the Writ is entered into our computer, a staff member will call the landlord to arrange the eviction date and time. Therefore, it is important the landlord write any and all phone numbers on the Writ so that the Sheriff’s Office can contact him for scheduling.
Once a mutually agreeable time and date has been set, a staff member will prepare the “72 hour Notice to Vacate” which is issued by the Sheriff. The date and time of the eviction must be noted on the form. The notice is then given to the Deputy for service. Pursuant to 8.01 — 470, code of Virginia, the notice must be served according to the laws relating to service of process. This is especially important if the landlord is trying to evict a business where the owner has left property inside, but is no longer operating the business. If this should occur, the landlord may want to consult an attorney because service at the business cannot be effected and would have to be directed to the owner’s home address, and other remedies may be available to the landlord.
Please click on link to read entire code section.
Duties of the Landlord “24-Hour Notice / lock-out” 55.1–1255 & 55.1–1416
The responsibilities of the landlord vary and are specific to the type of eviction to be performed.
According to the Code of Virginia 55.1–1255 & 55.1–1416, you have turned this dwelling, (house or apartment) into a Temporary Storage Area. You now have possession of the dwelling, but any property remaining is still the property of the tenant. The following is a brief outline of what your responsibilities are for the remainder of this process.
According to COV 55.1–1255 & 55.1–1416 The tenant shall have the right to remove his personal property from the landlords designated storage area at reasonable times during the twenty-four hour period and until the landlord disposes of the remaining personal property of the tenant. It is mandated that you cannot remove any of their property during the 24 hours following the eviction. You must provide them reasonable access to the property, only for removal of said property.
According to COV 55.1–1255 & 55.1–1416 Any property remaining in the landlords storage area upon the expiration of the twenty-four hour period after the eviction may be disposed of by the landlord as the landlords sees fit or appropriate. After the 24-hour period following the eviction has expired you have the right to dispose of the tenants personal property. Remember that even after the 24-hour period has elapsed, as long as the tenants personal property remains in the dwelling they must be given reasonable access to allow them to remove their property.
According to COV 55.1–1255 & 55.1–1416 If the landlord fails to allow reasonable access to the tenant to remove his personal property as provided herein, the tenant shall have a right to injunctive relief and such other relief as may be provided by law. The tenant only has a right to remove their property, but failing to give them access may result in further court action taken against you.
The code only allows the tenant access to the dwelling to remove their property. If the tenant attempts to stay in the property this becomes a trespassing issue. If this occurs, please notify the Police or the Sheriff’s Office.
Please click on the links to read the code in it’s entirity.
Duties of the Landlord “set-out” 8.01–470 and 8.01–156
The responsibilities of the landlord vary and are specific to the type of eviction to be performed.
Arrive on time. The Deputy will wait about ten (10) minutes if the landlord is running late. However, after ten (10) minutes the Deputy will leave the scene. Communication is key here. Let the Sheriff’s Office know if there is an emergency situation. The Deputy will try to work with the landlord but he will not wait any longer than ten (10) minutes if we have not heard from the landlord.
Do not enter the property before the deputy arrives. Entering before the Deputy arrives will result in the Sheriff canceling the Writ and no performance of the eviction. This is done to ensure both the landlord’s safety and the safety of the Deputy, but moreover, to limit liability to the Sheriff and the landlord by false accusations made by disgruntled tenants. If the landlord starts moving property out before the Deputy arrives, he cannot ensure the eviction has been done in a lawful manner and will back out, stating the landlord has taken action without the assistance of the Sheriff.
Any knowledge the landlord has about the tenant is helpful to the Deputy. It is important for the Sheriff to know if the tenant may have any weapons in the dwelling, or if the tenant has been arrested for assault, or believed to be dealing drugs. Incidental information, such as inoperative cars, pets, waterbeds, and juveniles left alone is important because they can prolong the eviction and may necessitate additional preparation by the landlord, the Sheriff, or animal control. If the landlord knows the tenant has changed the locks, the landlord may want to have a locksmith available at the appointed time.
The landlord must supply sufficient personnel (movers) to allow speedy removal of the property. The deputy, at his discretion, can postpone the eviction for lack of sufficient personnel. If the eviction is postponed for lack of sufficient personnel, the landlord will be required to pay additional fees for the service of the new 72 hours notice. We usually recommend at least three (3) to five (5) people depending upon the amount of property inside. It is the landlord’s responsibility to remove the property. The Deputy is there only to maintain peace and to protect the public from harmful objects.
The wise landlord should come prepared with tools (hammer, screwdrivers, etc.) and boxes or bags in which to place loose items. Dangerous household hazardous materials or chemicals will not be placed to the curb and it will be the duty of the landlord to properly dispose of those materials at a designated landfill. Other objects which could be considered dangerous to the public and anything of real value will be confiscated by the Deputy and brought into the office after inventory of the items, (i.e., guns, knives, pornographic materials, money, expensive jewelry, and prescription medication.)
While the Code of Virginia does not require the landlord to change the locks after completion of the eviction, the landlord may want to consider doing so. There have been several occasions, where after the property has been placed to the public right of way, the tenant has come back and moved everything back in.
To The Tenant
On the day of the eviction, all property will be placed along the nearest public right of way. Should the tenant leave any pets, they may be recovered through the Warren County Sheriff’s Office Animal Control Division or at the The Humane Society of Warren County (Animal Shelter) . If the tenant cannot be present when the eviction takes place, the tenant may want to have someone whom they can trust be there to protect their property. The Sheriff or Deputy can only ensure the safety of the tenant’s property while he is there. Once the Deputy leaves, he is no longer responsible for the property.
In the event there are children home at the time of the eviction without an adult, the Department of Social Services will be called if the tenants cannot make arrangements for supervised shelter of the children.
Postponement and cancellation of scheduled evictions
Postponing the Writ can be defined as rescheduling the eviction date to another day. The landlord can postpone the eviction only once. If the first scheduled date is postponed and rescheduled to a later date and time, the 72 hour notice must be served again giving the new time and date, allowing at least an additional 72 hours notice to the tenant.
Canceling the Writ means the landlord no longer wants to evict the tenant or the tenant has already moved out and there is no need for assistance by the Sheriff.
The Sheriff reserves the right to postpone or cancel a scheduled eviction due to inclement weather. Generally speaking, if it is raining, snowing, or there are gale force winds, then the eviction may be postponed and rescheduled for another day. The 72 hour notice must be served giving the new time and date, allowing at least an additional 72 hours notice to the tenant. No additional fee will be required if the Sheriff postpones the eviction due to weather.
Resources
Virginia Department of Housing
U.S. Department of Veterans Affairs
Office of the Virginia Attorney General
Office of the Virginia Governor
Code of Virginia
There are several VA code sections that can help you in any civil matter. Here as a few relating to evictions.
8.01–156. Authority of sheriffs, etc., to store and sell personal property removed from premises; recovery of possession by owner; disposition or sale.
8.01–470. Writs on judgments for specific property.
55.1–1255. Authority of sheriffs to store and sell personal property removed from residential premises; recovery of possession by owner; disposition or sale. to read entire code section.
55.1–1416. Authority of sheriffs to store and sell personal property removed from nonresidential premises; recovery of possession by owner; disposition or sale.