Writ of Possession in Unlawful Detainer:

(8.01 – 470 & 472 code of Virginia) The Writ of Possession in Unlawful Detainer is a court order authorizing the Sheriff to physically remove a person and his belongings from a premises and to return possession to the landlord. Usually the court will not issue the Writ of Possession until the appeal period has lapsed. The appeal period is ten (10) days.

Time Period for Executing Writ:

This Writ gives the Sheriff thirty (30) days in which to execute, however, our office expedites these processes since each day the tenant remains on the property the greater the loss by the landlord. Effective July 1, 2000, Section 8.01-470 of the Code has been modified to read, \"The execution of the Writ of Possession by the Sheriff should occur within fifteen (15) calendar days from the date the writ is received by the Sheriff, or as soon as practicable thereafter, but in no event later than thirty (30) days from the date the Writ of Possession was issued.\" While this change speeds up the eviction process, it allows for discretion as well.

The Writ of Possession will be held in the General District Court Clerk's Office until the ten (10) day appeals period has expired. When the court grants an immediate Writ of Possession to the landlord, this, in no way, waives the tenant's right to 72 Hours Notice under 8.01-470. Once the Landlord and the Sheriff’s office agree upon a time and date, a staff member of the sheriff’s office will prepare the \"72 hour Notice to Vacate\" which is issued by the Sheriff. The date and time of the eviction must be noted on the form. The notice is then given to the Deputy for service. Pursuant to 8.01 - 470, code of Virginia, the notice must be served according to the laws relating to service of process.

Postponement and Cancellation of Scheduled Eviction:

Postponing the Writ can be defined as rescheduling the eviction date to another day. If the first scheduled date is postponed and rescheduled to a later date and time, the 72 hour notice must be served again giving the new time and date, allowing at least an additional 72 hours notice to the tenant.

Duties of the Landlord

Arrive on time. The Deputy will wait about ten (10) minutes if the landlord is running late. Do not enter the property before the deputy arrives. Entering before the Deputy arrives will result in the Sheriff canceling the Writ and no performance of the eviction. If the landlord knows the tenant has changed the locks, the landlord may want to have a locksmith available at the appointed time. The landlord must supply sufficient personnel (movers) to allow speedy removal of the property. The deputy, at his discretion, can postpone the eviction for lack of sufficient personnel. If the eviction is postponed for lack of sufficient personnel, the landlord will be required to pay additional fees for the service of the new 72 hours notice.