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) day appeal period has expired. Upon recieving 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 Possession 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.