§ 8.01-471 — Time period for issuing writs of eviction in unlawful entry and detainer; when returnable

Virginia § 8.01-471

• Jurisdiction: Virginia
• Title 8.01: Civil Remedies and Procedure
• Ch. 18: Executions and Other Means of Recovery
• Art. 1: Issue and Form; Motion to Quash

Text

Writs of eviction, in case of unlawful entry and detainer, shall be issued within 180 days from the date of judgment for possession and shall be made returnable within 30 days from the date of issuing the writ, and any executed writ shall be returned to the issuing clerk by the sheriff executing such writ. Notwithstanding any other provision of law, a writ of eviction not executed within 30 days from the date of issuance shall be vacated as a matter of law without further order of the court that entered the order of possession, and no further action shall be taken by the clerk. No writ shall issue, however, in cases under the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) if, following the entry of judgment for possession, the landlord has entered into a new written rental agreement with the tenant, as described in § 55.1-1250. A writ of eviction may be requested by the plaintiff or the plaintiff's attorney or agent.

The Office of the Executive Secretary of the Supreme Court of Virginia shall annually report on or before September 1 to the Chairmen of the House and Senate Committees for Courts of Justice, the Senate Committee on General Laws and Technology, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned pursuant to this section. The first report shall be made by September 1, 2024, and shall include writs executed between July 1, 2023, and June 30, 2024.

Legislative History

Code 1950, § 8-403; 1977, c. 617; 1999, c. 683; 2003, c. 427; 2006, c. 667; 2013, c. 63; 2019, cc. 180, 700; 2023, cc. 442, 443.