Evictor, or evictee: The eviction process is not fun. No one wants to have to evict a tenant, and no tenant wants to be evicted. But sometimes, it happens; sometimes, it has to happen. When faced with the unfortunate decision to remove a tenant from your rental home, there are steps that must be followed, and obligations that must be met before a judge will grant your request to evict.

1. Give notice.

In the Commonwealth of Virginia, a tenant may be evicted for one of two reasons: Failure to pay rent, or failure to comply with the terms of the lease. If your tenant is behind on his rent to the point you are considering eviction, deliver a “pay or quit” (i.e., a five-day) notice. He will then have five days to pay, or vacate the premises. See Va. Code § 55-225. Similarly, if your tenant has violated the terms of the agreement signed by all parties, a “Notice to Quit” must be issued. The tenant shall be instructed to correct the issue within 21 days, or otherwise vacate the premises within 30 days. See Va. Code § 55-248.31.

It’s important to note that, in either circumstance, if the tenant complies within the specified time frame, he will retain the right to occupy the home.

2. Request a summons for Unlawful Detainer.

Five days have passed, and the tenant is still behind on his rent. With proof of proper notice given, file a summons for unlawful detainer. The court will then schedule a “first return date” hearing, during which the tenant will be given an opportunity to confirm or deny the allegations.

If he claims the allegations are false (“My rent is paid in full.” “I did not damage my landlord’s rental home.”), a trial date will be set, and you, the landlord, may be expected to produce a Bill of Particulars — that is, an explanation of why you are entitled to possession and judgment.

3. Go to trial.

With any luck, your tenant will admit his wrongdoing, and the purpose of trial will be moot. But the cards don’t always fall that way, and when they go the other, a trial will be held to decide: To evict, or not to evict. That is the question.

You’ve done your due diligence, and you know that the court will rule in your favor. It’s just a matter of time. When the judge hands down his decision, your tenant-no-longer will have ten days to appeal.

4. Serve a Writ of Possession for Unlawful Detainer.

You won the trial. You won the appeal. The judge agrees: Your tenant violated the terms of his lease, and he’s got to go. It’s time to start the actual eviction proceedings. File a Request for Writ of Possession for Unlawful Detainer within one calendar year of the judgment issued. The court will send your request to the Sheriff, who must then execute the eviction order within 30 days.

5. Evict your tenant.

Give him 72 hours notice, and choose a 24-Hour Lock Change Eviction — during which you provide a locksmith, and instruct the evicted to remove his belongings within 24 hours, after which you may sell or destroy anything that remains. See Va. Code § 55-237.1. Or you may opt for a Full Eviction: Remove all of the tenant’s property; provide a locksmith to change the locks, and wish him the best of luck.

The Eviction Process in Virginia: A Guide for Landlords