When the Courts Need to Get Involved…..

When the Courts Need to Get Involved…..

With strict qualification criteria in place, we seldom need to proceed with tenant evictions (typically no more than 1 tenant per year with 250+ managed properties). While we have an excellent attorney on retainer and a swift process to proceed with eviction if necessary, we do want landlords to understand that late or non-payment of rent is always a possible risk with a rental property.


In Prince William County, the eviction process typically takes 6-8 weeks to complete. If we have not received rent by noon on the 5th of the month, we’ll give a courtesy call to the tenant to get a status on the rent payment. If rent is not received by 9AM on the 6th of the month, we will assess late fees and have the Sheriff post a 5 Day Notice of Material Non-Compliance to begin the legal process.


If the tenants have still not made a full rent payment 5 days after the notice has been posted, we will file an Unlawful Detainer with the General District Court and schedule an eviction hearing (typically about 3 weeks later).


At the time of the eviction hearing, if all of the paperwork is in order, the judge will grant immediate possession of the property (or possession after 10 days if the tenant appears in court). Once possession is granted to the landlord, the next step is to schedule a Writ of Possession with the Sheriff’s office. That process takes about 10 additional days to get scheduled and completed. The final step includes meeting the Sheriff and a locksmith at the property to ensure the tenant has vacated and to change all of the locks.


Most of the time, we will be able to complete an eviction on the owner’s behalf with minimal court fees and no additional legal fees. An attorney will be needed in the scenario when a tenant declares bankruptcy or is disputing the unpaid rent and/or countersuing the landlord.


We are unable to release a security deposit until after the lease is terminated, so we suggest that all owners maintain reserves for making their mortgage payments in the unlikely event that an eviction is needed for their property.

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