Category Archives: Civil Enforcement / Process

Evictions

General Info The material provided here is meant only as an example and a general overview of the eviction process. This information shall not be considered legal advice. Each situation is different and no one explanation can cover every situation. For specific information please consult the Code of Virginia, or for legal advice please consult…
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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 (Code of Virginia 55-248.2-55-248.40) 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.…
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Writ of Possession

(8.01 - 470 & 8.01 - 472 code of Virginia) The Writ of Possession 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 Possession until the appeal period has lapsed.…
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Time Period for Executing Writ of Possession

The Writ of Possession 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 Possession…
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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 Possession will be held in the General District Court Clerk's Office until the ten (10)…
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Duties of the Landlord “lock-out” 55.237.1

The responsibilities of the landlord vary and are specific to the type of eviction to be performed. According to the Code of Virginia 55-237.1, 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.…
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Code of Va. 8.01-470, 8.01-156, 55-237.1, 55-248.38:2

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. 55-237.1. Authority of sheriffs to…
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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…
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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 Winchester Police Department's Animal Control Division. If the tenant cannot be present when the eviction takes place, the tenant may want to have someone whom…
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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…
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