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© 2016, U.S. Legal Forms, Inc. VIRGINIA LANDLORD TENANT EVICTION / UNLAWFUL DETAINER FORMS PACKAGE Control Number: VA-EVIC-PKG U.S. Legal Forms™ thanks you for your purchase of a Landlord Tenant Eviction / Unlawful Detainer Forms Package. This package contains essential legal documents needed for a landlord seeking an eviction. TABLE OF CONTENTS I. Form List with descriptions II. Descriptions of Forms III. Tips on Completing the Forms IV. Disclaimer I. FORM LIST With your Landlord Tenant Eviction / Unlawful Detainer Forms Package, you will find the state- specific forms that will help a landlord evict an unwanted tenant. Included in your package are the following forms: 1. 5 Day Notice to Pay Rent or Lease Terminates – Residential 2. Notice to Terminate Month to Month Lease - 30 Day Period to End of Term – Residential 3. 30 Day Notice to Terminate Lease Due to Non-Remediable Breach – Residential 4. 30 Day Notice of Termination for Intentional Recurring Breach – Residential 5. 60 Day Notice to Terminate Year-to-Year Lease - Residential from Landlord to Tenant 6. Notice to Terminate Year to Year Lease - 90 Day Period to End of Term – Residential 7. Summons for Unlawful Detainer 8. Summons for Unlawful Detainer Instructions 9. Certificate of Mailing Posted Service 10. Notice of Hearing to Establish Final Rent and Damages 11. Request for Writ of Possession in Unlawful Detainer Proceedings / Writ of Possession II. DESCRIPTIONS OF FORMS Brief descriptions of the forms contained in your U.S. Legal Forms™ Landlord Tenant Eviction / Unlawful Detainer Forms Package are found below. 5 Day Notice to Pay Rent or Lease Terminates – Residential – This form is used by a landlord to demand payment of overdue rent from a residential tenant within 5 days from giving the notice, in accordance with the laws of your state. (Note: If a written agreement provides for a longer notice, use the notice length stated in the agreement). "Residential" includes a house, apartment or condo. If the tenant fails to pay within 5 days, the lease may be considered terminated by the landlord. The tenant is informed that the tenant must either pay the rent or suffer possible termination. If he does not pay, the landlord may begin eviction proceedings. If the landlord does not elect to proceed with termination or eviction, but instead agrees to accept rent after the termination date stated in the notice, the lease is generally reinstated. Notice to Terminate Month to Month Lease - 30 Day Period to End of Term – Residential - This form is used by a landlord to terminate a residential month-to-month lease by giving the tenant a 30 day notice of termination at least 30 days prior to the end of any month. A month-to- month lease is one which continues from month to month until the landlord or tenant decides to terminate the lease. The landlord need not have any reason to terminate the lease other than a desire to do so. "Residential" indicates houses, apartments, or condos. 30 Day Notice to Terminate Lease Due to Non-Remediable Breach – Residential - This form is used by a Landlord to terminate any residential lease due to a non-remediable (cannot be repaired) breach by the tenant. This 30 day notice of termination is given at least 30 days prior to the termination date. "Residential" indicates houses, apartments or condos. The tenant must vacate the premises by the termination date, provided that the notice was served at least 30 days before that date. 30 Day Notice of Termination for Intentional Recurring Breach – Residential - This form is used by a landlord to give 30 day notice of termination of the residential lease due to the tenant's intentional act resulting in a recurring breach (one for which the tenant has already cured on a previous occasion of breach). "Residential" indicates houses, apartments, or condos. The tenant is not allowed a chance to cure, and must vacate the premises within the 30 day notice period. 60 Day Notice to Terminate Year-to-Year Lease - Residential from Landlord to Tenant - This form is for use by a landlord to terminate a year-to-year residential lease. Unless a written agreement provides otherwise, the landlord does not have to have a reason for terminating the lease in this manner, other than a desire to end the lease. A year-to-year lease is one which continues from year-to-year, unless either party chooses to terminate. Unless a written agreement provides for a longer notice period, 60 days notice is required prior to termination in this state. The notice must be given to the tenant within at least 60 days of the end of the current lease year. The form indicates that landlord has chosen to terminate the lease, and states the deadline date (which is the end of the yearly term) by which the tenant must vacate the premises. Notice to Terminate Year to Year Lease - 90 Day Period to End of Term – Residential - This form is used by a landlord to terminate a residential year-to-year lease by giving the tenant a 90 day notice of termination at least 90 days prior to the end of the current lease-year. A year- to-year lease is one which continues from year to year until the landlord or tenant decides to terminate the lease. The landlord need not have any reason to terminate the lease, other than a desire to do so. "Residential" indicates houses, apartments, or condos. The tenant must vacate the premises at the end of the current lease-year, provided that the notice was served at least 90 days before the end of the lease-year. Summons for Unlawful Detainer - This is filed by a landlord to evict an unwanted tenant and can also be used to collect rent and damages owed. It is also used to notify the tenant of the complaint being filed. This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. Summons for Unlawful Detainer Instructions - These are instructions for how to file the Summons for Unlawful Detainer Instructions, such as the attachments needed, number of copies, and information to fill out. Certificate of Mailing Posted Service - This is filed as proof of giving notice to the other parties by mailing a copy of the document filed in court to them. Notice of Hearing to Establish Final Rent and Damages - This is an official form from the Virginia Judicial System, which complies with all applicable laws and statutes. This form is to be used to provide notice to a defendant/respondent of the hearing to establish final rent and damages in an unlawful detainer action where the court granted a continuance after granting possession to determine final rent and damages due. The plaintiff should provide the defendant/respondent the amounts requested. The notice must be mailed at least 15 days prior to the date of the hearing. USLF amends and updates the forms as is required by Virginia statutes and law. Request for Writ of Possession in Unlawful Detainer Proceedings / Writ of Possession - This form is used by a landlord after winning an eviction lawsuit to ask the court to order the sheriff to remove the tenant from the premises. If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may also wish to visit our legal definitions page at http://definitions.uslegal.com/ IV. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. V. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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