This package contains the essential state-specific forms a landlord needs to evict a tenant. If you need to get rid of an unwanted tenant, this money-saving package ensures that you follow the rules of your state. Included in this package are the following forms:
5 Day Notice to Pay Rent or Lease Terminates – Residential – This form is used by a landlord to demand payment of overdue rent from a residential tenant within 5 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay within 5 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated.
Notice to Terminate Month to Month Lease - 30 Day Period to End of Term – Residential - This form is used by a landlord to terminate a residential month-to-month lease by giving the tenant a 30 day notice of termination at least 30 days prior to the end of any month. A month-to-month lease is one which continues from month to month until the landlord or tenant decides to terminate the lease. The landlord need not have any reason to terminate the lease other than a desire to do so. "Residential" indicates houses, apartments, or condos.
30 Day Notice to Terminate Lease Due to Non-Remediable Breach – Residential - This form is used by a Landlord to terminate any residential lease due to a non-remediable (cannot be repaired) breach by the tenant. This 30 day notice of termination is given at least 30 days prior to the termination date. "Residential" indicates houses, apartments or condos. The tenant must vacate the premises by the termination date, provided that the notice was served at least 30 days before that date.
30 Day Notice of Termination for Intentional Recurring Breach – Residential - This form is used by a landlord to give 30 day notice of termination of the residential lease due to the tenant's intentional act resulting in a recurring breach (one for which the tenant has already cured on a previous occasion of breach). "Residential" indicates houses, apartments, or condos. The tenant is not allowed a chance to cure, and must vacate the premises within the 30 day notice period.
60 Day Notice to Terminate Year-to-Year Lease - Residential from Landlord to Tenant - This form is for use by a landlord to terminate a year-to-year residential lease. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A year-to-year lease is one which continues from year-to-year, unless either party chooses to terminate. Unless a written agreement provides for a longer notice period, 60 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 60 days of the end of the current lease year. The form indicates that landlord has chosen to terminate the lease, and states the deadline date (which is the end of the yearly term) by which the tenant must vacate the premises.
Notice to Terminate Year to Year Lease - 90 Day Period to End of Term – Residential - This form is used by a landlord to terminate a residential year-to-year lease by giving the tenant a 90 day notice of termination at least 90 days prior to the end of the current lease-year. A year-to-year lease is one which continues from year to year until the landlord or tenant decides to terminate the lease. The landlord need not have any reason to terminate the lease, other than a desire to do so. "Residential" indicates houses, apartments, or condos. The tenant must vacate the premises at the end of the current lease-year, provided that the notice was served at least 90 days before the end of the lease-year.
Summons for Unlawful Detainer - This is filed by a landlord to evict an unwanted tenant and can also be used to collect rent and damages owed. It is also used to notify the tenant of the complaint being filed. This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes.
Summons for Unlawful Detainer Instructions - These are instructions for how to file the Summons for Unlawful Detainer Instructions, such as the attachments needed, number of copies, and information to fill out.
Certificate of Mailing Posted Service - This is filed as proof of giving notice to the other parties by mailing a copy of the document filed in court to them.
Notice of Hearing to Establish Final Rent and Damages - This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. This form is to be used to provide notice to a defendant/respondent of the hearing to establish final rent and damages in an unlawful detainer action where the court granted a continuance after granting possession to determine final rent and damages due. The plaintiff should provide the defendant/respondent the amounts requested. The notice must be mailed at least 15 days prior to the date of the hearing.
USLF amends and updates the forms as is required by Virginia statutes and law.
Request for Writ of Possession in Unlawful Detainer Proceedings / Writ of Possession - This form is used by a landlord after winning an eviction lawsuit to ask the court to order the sheriff to remove the tenant from the premises.
Virginia eviction without lease refers to the legal process of removing a tenant from a rental property in the state of Virginia when there is no written lease agreement in place. In such cases, the landlord and tenant may not have officially documented their rental arrangement, making it troublesome for both parties to enforce their rights and responsibilities. There are several types of evictions without lease that can occur in Virginia: 1. Oral Lease Agreement: This type of eviction occurs when the landlord and tenant have agreed upon the rent and terms of the tenancy verbally, without signing a written lease agreement. Although oral lease agreements are legally binding in Virginia, disputes may arise over the specific terms agreed upon, leading to potential eviction. 2. Expiration of Lease Term: In some situations, a tenant may continue to occupy a rental property even after the lease term has expired, without signing a new lease. In such cases, the landlord may want to terminate the tenancy and initiate an eviction process to regain possession of the property. 3. Holdover Tenancy: A holdover tenancy arises when the tenant remains in the rental property after the lease agreement has expired or been terminated by the landlord, without the landlord's consent. In these cases, the landlord can initiate eviction proceedings to reclaim possession of the property. 4. Unauthorized Occupancy: This type of eviction without lease occurs when a person occupies a rental property without the landlord's permission or knowledge. Whether it's a squatter or an unauthorized occupant, the landlord can initiate legal action to evict them and regain control of the property. To initiate an eviction without lease in Virginia, landlords need to follow the required legal procedures. It typically involves sending the tenant a written notice to vacate the premises within a specified timeframe, allowing the tenant an opportunity to rectify the situation or vacate the property voluntarily. If the tenant fails to comply, the landlord can file an unlawful detained lawsuit, which enables them to legally evict the tenant. In conclusion, Virginia eviction without a lease involves legally removing a tenant from a rental property when no written lease agreement exists. Whether it's due to an oral agreement, expired lease term, holdover tenancy, or unauthorized occupancy, landlords can initiate eviction proceedings by following the necessary legal procedures. Consulting with an attorney experienced in Virginia landlord-tenant laws is advisable to ensure proper compliance and protection of rights for both parties involved.
