Virginia Beach, VA asked in Landlord - Tenant for Virginia

Q: Our landlords are taking us to court to evict us (in VA). If the judge sides with them, how long will we have to move?

We were given a 30 day 'breach of contract' notification and we were inspected 30 days later. Yesterday was their inspection but today we received a court date for eviction that they obtained the day before the inspection. The judge may side with us, but if he/she doesn't, are they required to give us time from that court date to move - and if so, how much time? Thank you!

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1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Generally in Virginia, the initial court date is a first return date at which time the Judge asks if all the parties are in attendance before the court and whether the defendant admits to the claims brought by the plaintiff or disputes the claims. If the defendant admits the claims and the amounts, the Judge enters a "consent judgment." If the defendant disputes the claims, the Judge will set a date for the trial some time in the future. As a defendant, you have a right to ask the Judge to order the plaintiff to file with the court a Bill of Particulars and send a copy to the defendant. The Judge will also order the defendant to file with the court an Answer and Grounds of Defense and send a copy to the plaintiff. If the decision of the Judge on the trial date is for the plaintiff, then it will become final in 10 calendar days, and at that time, the plaintiff can seek a Writ of Eviction for the Sheriff to come to the Premises and tell the tenant to vacate within 24 to 48 hours. If the defendant does not appear before the court on the first return date, the Judge will enter a Default Judgment and grant the plaintiff immediate possession of the Premises, which means that the tenant must vacate that day.

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