How does a landlord file an unlawful detainer?
A landlord starts an eviction in Virginia General District Court by filing a Summons for Unlawful Detainer. Although this court paper is called an “unlawful” detainer, it is not used in a criminal case. It is used only in a civil (non-criminal) case. How does a landlord serve an unlawful detainer? An unlawful detainer must be served (legally delivered) on you. This may be done three different ways. • Given to you in person, usually by a Deputy Sheriff. • Given to a member of your household, usually by a Deputy Sheriff. The household member must be 16 or older. The person serving the eviction must explain what it is. • Posted on your front door and then mailed to you by first class mail. An eviction can be legally served on you, even if you never actually get it. If it was properly given to a household member who didn’t tell you about it, you still were legally served. If an eviction was properly posted and mailed to you but you never saw it, you still were legally served. Both these th
