Virginia Eviction Laws: How to File a Roommate Eviction Notice

Hosting a roommate is common in most States. Under certain conditions, you may be allowed to host a roommate in Virginia without signing a lease agreement. For instance, you can host a family member or a friend for a specified duration. However, under , such a roommate may be considered a tenant and has to be treated as one in case of an eviction.

In this regard, evicting a roommate can be such a complex and frustrating process, especially if you had not notified your landlord of their length of stay. You may be forced to kick out your roommate if they no longer comply with any written agreement or become violent. Sometimes, your roommate may become stubborn and refuse to move out. In such a case, you may seek the intervention of a court of law to determine if and when the roommate should vacate the rented unit.

The eviction process can be long and tedious, and may thus require the help of a knowledgeable third party such as DoNotPay. With DoNotPay, you get an automated platform that will help you evict your roommate in a faster and less frustrating way. Besides evicting a roommate, DoNotPay can also help you get more insights on renters' rights and know your rights as a tenant. You also get more information on how to get your security deposit back from your landlord when moving out of a rented unit.

Eviction Laws in Virginia

The most common ground to evict a tenant is failing to pay rent. Before the eviction process starts, under the terms of , the landlord must legally terminate the tenancy. This involves issuing a 30-day notice to the tenant. A landlord can also give a tenant time to fix the issues at hand, failure to which the tenant must leave the rented unit. If the landlord had collected a security deposit, the law provides that the security deposit be returned to the tenant within 45 days after leaving the premises.

According to Virginia landlord-tenant laws, a tenant is expected to pay rent on the agreed date as stated on the lease agreement. If the lease agreement doesn't provide the rent due date, then rent is due on the first day of the month. If a tenant fails to pay rent on the agreed date, the landlord can issue a 5-day notice within which the tenant should pay rent or vacate.

If a tenant violates the lease agreement and damages the rental property, the landlord can give such a tenant a 30-day notice to cure or quit. In such a case, the tenant is given 21 days to fix the problem or quit. However, if the damage caused cannot be remedied, the tenant is issued with a 30-day unconditional quit notice. Thus, the tenant must vacate the rented unit within 30 days. If this doesn't happen, the landlord can file an eviction lawsuit and have the court order the tenant to move out.

In cases where a tenant is involved in criminal activities or violates the lease agreement in a manner that endangers the lives of others, an eviction notice is not necessary. A landlord can terminate the tenancy immediately and have the tenant ordered to move out.

Reasons to Evict A Tenant

Under Virginia eviction laws, various reasons can lead to eviction as listed here.

Violation of the lease agreement such as hosting unauthorized persons or a pet
Destroying or damaging the rental property
Engaging in illegal activities such as drug trafficking
Failure to pay rent
Failure of a tenant to renew the lease agreement
Violence or engaging in activities that compromise the safety of others

It is important to note that before evicting a tenant, a landlord has to serve the tenant with an eviction notice. The landlord may also give the tenant time to fix the problem, where applicable, and evict only when the tenant fails to comply.

What Does the Eviction Process Look Like in Virginia?

Depending on the reason for eviction, you may or may not need to provide an eviction notice. Often, tenants will move out upon receiving an eviction notice. However, some tenants will be adamant and will neither fix the problem nor quit voluntarily. In such cases, you can file an eviction lawsuit and have the court make a ruling.

In cases where eviction is unavoidable, you can follow the steps listed below:

Issue an eviction notice to the tenant. However, an eviction notice is not required for tenants involved in illegal activities or activities that can harm others
If the tenant fails to comply, you can file an eviction lawsuit and have a landlord-tenant attorney argue your case
If you file a lawsuit, ensure that you attend the hearing proceedings
If you win the eviction lawsuit, you should issue a writ of eviction to the tenant. This should be within 10 days after the ruling
If the tenant doesn't move out, you can involve a sheriff to help you evict the tenant

How to Evict a Roommate in Virginia by Yourself

Whether or not your roommate is on the lease agreement, they should be treated like any other tenant. Before filing an eviction lawsuit in Virginia, you must first determine if the person is a guest, tenant, or roommate. If your roommate is not on lease, you may be required to evict them by yourself. However, if your roommate is on lease, the landlord can help you in the eviction process. Here is what you need to do when evicting a roommate in Virginia:

Give Notice	Issue your roommate with a 30-day eviction notice
Grace Period	Just like any other tenant, you can give your roommate time to fix the problem
File an Eviction Suit	When your roommate doesn't fix the problem and also refuses to move out willingly,
Hearing	Attend the court proceedings and wait for the judgment
Judgment	If the court rules that your roommate must move out, the roommate will be issued with a court order and expected to move out within 72 hours

Next Steps for Evicting a Roommate in Virginia If You Can’t Do It Yourself

At times, the eviction process can be challenging and complicated, especially in cases where the roommate may not be willing to quit. In addition, following court proceedings may also be a challenge, especially if you have other commitments, making the whole process lengthy and tedious. This may prompt you to seek the help of a third party who can do all the work on your behalf the same way you would when you want to write a letter to your landlord about repairs.

Before contacting a third party, you must ensure that they are well informed about Virginia landlord-tenant laws and can thus present your case successfully.

How to Evict a Roommate in Virginia with the Help of Donotpay

DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:

Get back your security deposits
Learn about your state's eviction laws and what protections apply in your case
Resolve disputes regarding repairs with your landlord
Resolve disputes with roommates by filing demand letters or going through small claims court
Break your lease early

If you want to break a lease in Virginia but don't know where to start, DoNotPay has you covered in 4 easy steps:

1. Search for and open the Landlord Protection product on DoNotPay.

2. Select which issue applies to you.

3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.

4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

And that's it! You should hear back from your landlord directly once your demands are sent.

Why Use DoNotPay for Virginia Eviction Laws

While trying to evict a roommate on your own can be challenging and tedious, DoNotPay can make the whole process super easy. With an automated platform, you get a fast and reliable way to help kick out your roommate the same way you would if you want to sue your landlord for a deposit or even want to know how long a landlord can take to return a security deposit.

DoNotPay Works across All Companies with the Click of a Button

In addition to helping you evict a roommate in Virginia, DoNotPay can help you resolve other issues with many different entities. For instance:

DoNotPay can help you deal with a landlord who threatens to evict you
Also, DoNotPay can help you know if a landlord can evict you without notice
You can also file a complaint against your landlord using DoNotPay

If you have a roommate who doesn't want to move out willingly, DoNotPay can help you out. If you need a faster, easy, and successful way to evict a roommate in Virginia, sign up today to get started.