← Back to BlogMay 202610 minDan White
How to Evict a Tenant: The Legal Process Step by Step
Eviction is a legal process with specific requirements. Shortcuts create liability and can result in your case being dismissed, costing more time and money. Here's how it actually works — using Virginia as the example.
Market Context
Live Market Data
Washington, DC Housing Market
Cool Market
Data through Mar 2026
Median Sale Price
$590,000
+0.8% YoY
Median Days on Market
44 days
lower = faster market
Sale-to-List Ratio
99.7%
buyers' market
Homes Sold
4,457
last reported month
Source: Redfin Data Center. Updated monthly. Data reflects Washington, DC residential sales.
redfin.comStep 1: Serve the Proper Notice
- Non-payment of rent: 5-day pay or quit notice in Virginia
- Lease violation: 30-day cure or quit notice for first offense
- Month-to-month termination: 30-day notice to vacate
Serve notice in writing, in person or by posting at the door with certified mail. Keep your copy with proof of service.
Step 2: File Unlawful Detainer
If tenant doesn't comply with the notice, file an Unlawful Detainer lawsuit in General District Court. Filing fee: $50–$100. Court date typically set 3–4 weeks out.
Step 3: Court Hearing
Bring your lease, notice with proof of service, and documentation of the violation. If tenant doesn't appear, you get default judgment. If they appear, present your case. Most non-payment cases are straightforward.
Step 4: Writ of Possession
After judgment, request a writ of possession. The sheriff serves the writ — tenant has 72 hours to vacate in Virginia. If they don't, the sheriff returns to physically remove them.
Factor Vacancy and Legal Risk Into Rental Analysis
FreeDealCalc includes vacancy allowance in every rental analysis — accounting for realistic risk. Free.
Run My Rental Analysis Free →Total Timeline in Virginia
Best case (tenant doesn't contest): 5-day notice + 3–4 weeks to court + 72 hours for sheriff = roughly 6–8 weeks. Contested evictions or appeals add 4–8 weeks. Plan for 2–3 months in your cash flow analysis when modeling vacancy risk.
Dan White is a licensed Virginia real estate agent at Pearson Smith Realty and founder of FreeDealCalc.com. He has been investing in real estate for 20+ years.