A writ of eviction in Virginia is the court order that authorizes the sheriff to physically remove a tenant from a rental property. It only issues after the landlord wins an unlawful detainer case and specifically asks the court for it, and Virginia law puts hard deadlines on both sides: the writ has to be requested within 180 days of the possession judgment and executed within 30 days of issuance, or it goes away by operation of law. Tenants keep meaningful rights the entire way, including the ability to pay what’s owed and stop the eviction as late as two business days before the sheriff is scheduled to arrive.
What the Writ Is and When It Issues
Winning an unlawful detainer case gives a landlord a judgment for possession. That judgment on its own does not send the sheriff to the door. The writ of eviction is a separate document, and it has to be requested by the landlord, their attorney, or their agent.1Virginia Code Commission. Virginia Code 8.01-471 – Time Period for Issuing Writs of Eviction in Unlawful Entry and Detainer The court does not generate it automatically after judgment.
Once issued, the writ tells the sheriff to take possession of the property and put the tenant out. Everything that follows, from the 72-hour notice to the removal of personal belongings, runs off this single document.
Deadlines That Govern the Writ
The order of possession stays valid for 180 days from the date the court grants it.2Virginia Code Commission. Virginia Code 8.01-470 – Writs on Judgments for Specific Property A landlord who sits on a judgment past that window loses it and has to file a new case.
After the writ issues, a second clock starts. The sheriff should execute the writ within 15 calendar days, or as soon as practicable after that, with a hard ceiling of 30 days from issuance.2Virginia Code Commission. Virginia Code 8.01-470 – Writs on Judgments for Specific Property A writ not executed within 30 days is vacated automatically. No further court action is needed, and no order gets entered.1Virginia Code Commission. Virginia Code 8.01-471 – Time Period for Issuing Writs of Eviction in Unlawful Entry and Detainer The landlord would then need to request a new writ, assuming the 180-day order of possession is still alive.
After execution, the sheriff returns the writ to the issuing clerk.1Virginia Code Commission. Virginia Code 8.01-471 – Time Period for Issuing Writs of Eviction in Unlawful Entry and Detainer
The 72-Hour Notice Before the Sheriff Arrives
The sheriff must give the tenant at least 72 hours’ advance notice before carrying out the eviction. That notice includes the scheduled date and time, a copy of the writ, and information about the tenant’s rights regarding personal property under Virginia law.2Virginia Code Commission. Virginia Code 8.01-470 – Writs on Judgments for Specific Property If the tenant isn’t at the property, the sheriff posts the notice on the front door or main entrance.
Those 72 hours are the final window for a tenant to exercise the right of redemption or file an appeal. After that, the sheriff can proceed.
Stopping the Eviction by Paying What’s Owed
Virginia’s right of redemption lets a tenant stop an eviction even after losing in court. At or before the first hearing, paying all rent due as of that date plus late charges, attorney fees, and court costs gets the case dismissed.3Virginia Code Commission. Virginia Code 55.1-1250 – Landlords Acceptance of Rent With Reservation and Tenants Right of Redemption
The right runs past the hearing, too. A tenant who did not pay at the hearing and now faces a judgment can still pay everything owed (rent, damages, late charges, court costs, civil recovery, attorney fees, and sheriff fees) no less than two business days before the scheduled eviction. Payment has to be by cashier’s check, certified check, or money order.3Virginia Code Commission. Virginia Code 55.1-1250 – Landlords Acceptance of Rent With Reservation and Tenants Right of Redemption
There is a limit. A tenant can only use the right of redemption once in any 12-month period of continuous residency, whether or not the lease renewed during that time. Local governments and nonprofit organizations can also file a redemption tender, a written commitment to pay within 10 days of the hearing, on the tenant’s behalf.
Appealing to Circuit Court
A tenant who loses the unlawful detainer case has 10 days to appeal to the circuit court. The appeal is heard de novo, meaning the circuit court tries the case fresh rather than reviewing what happened below.4Virginia Code Commission. Virginia Code 16.1-106 – Appeals From Courts Not of Record in Civil Cases The bond and the writ tax both have to be posted within that same 10-day window.
During the 10-day appeal period the sheriff cannot carry out the eviction, whether the tenant ends up appealing or not.5Virginia Code Commission. Virginia Code 8.01-129 – Appeal From Judgment of General District Court Once the appeal is perfected, the sheriff returns the writ to the clerk and the eviction stops until the circuit court rules.
The bond is the real hurdle. It must cover all rent that has accrued and may accrue on the property, up to one year’s rent, plus damages from continued occupancy for up to three months.5Virginia Code Commission. Virginia Code 8.01-129 – Appeal From Judgment of General District Court If the appeal is filed after the sheriff has already served the 72-hour notice, the appealing party has to notify the sheriff about the appeal.4Virginia Code Commission. Virginia Code 16.1-106 – Appeals From Courts Not of Record in Civil Cases
What Happens to Belongings After the Sheriff Arrives
The sheriff oversees removal of personal property from the unit and places it in the public way, generally the sidewalk or curb. The tenant then has 24 hours to retrieve it.6Virginia Code Commission. Virginia Code 55.1-1255 – Authority of Sheriffs to Store and Sell Personal Property Removed From Residential Premises
The landlord can instead ask that the property be placed in a designated storage area, which may be the unit itself. The 24-hour window still applies, and the tenant has to be given reasonable access to collect belongings. Neither the landlord nor the sheriff is liable for loss or damage during that period. If the landlord blocks reasonable access, the tenant can seek injunctive relief.
Once the 24 hours are up, the landlord can dispose of anything left behind. If the landlord sells the property and receives any money, those funds go first to what the tenant owes, including eviction costs and storage expenses; any remainder is treated as a security deposit under Virginia law.6Virginia Code Commission. Virginia Code 55.1-1255 – Authority of Sheriffs to Store and Sell Personal Property Removed From Residential Premises
When the Writ Becomes Unenforceable
A New Written Rental Agreement
If the landlord enters into a new written rental agreement with the tenant after obtaining the possession judgment but before the eviction happens, the prior order of possession becomes unenforceable.3Virginia Code Commission. Virginia Code 55.1-1250 – Landlords Acceptance of Rent With Reservation and Tenants Right of Redemption Signing a new lease and then trying to evict under the old judgment doesn’t work.
Automatic Vacatur at 30 Days
A writ that isn’t executed within 30 days of issuance is vacated automatically.1Virginia Code Commission. Virginia Code 8.01-471 – Time Period for Issuing Writs of Eviction in Unlawful Entry and Detainer Sheriff scheduling backlogs, landlord inaction, or any other delay past that line means starting the writ process over.
A Bankruptcy Filing
A federal bankruptcy filing triggers an automatic stay that generally halts collection actions, and eviction proceedings can be swept up in that stay. If the tenant files before the landlord has a judgment for possession, the eviction case is typically paused. If the landlord already has a possession judgment before the bankruptcy is filed, the automatic stay may not apply. The interaction between bankruptcy law and state eviction timelines is complex, and both sides should consult an attorney when bankruptcy is in play.
Extra Protections for Active-Duty Servicemembers
The federal Servicemembers Civil Relief Act layers additional protections on top of Virginia law. A landlord cannot evict a servicemember or their dependents from a primary residence without a court order when the monthly rent falls below a federally adjusted threshold.7Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress The base figure was $2,400 in 2003, and it adjusts annually for inflation.
If a servicemember’s ability to pay rent has been materially affected by military service, the court has to grant a stay of at least 90 days on request and can adjust the lease obligation to balance both sides’ interests. Knowingly participating in an illegal eviction of a servicemember is a federal misdemeanor punishable by up to one year in prison, a fine, or both.7Office of the Law Revision Counsel. 50 USC 3951 – Evictions and Distress
When a tenant doesn’t appear and the landlord seeks a default judgment, federal law also requires an affidavit stating whether the defendant is in the military or that military status could not be determined.8United States Courts. Servicemembers Civil Relief Act (SCRA) Skipping the affidavit can be enough to get a default judgment set aside.