Virginia Summons for Unlawful Detainer (Eviction Complaint)

VIRGINIA SUMMONS FOR UNLAWFUL DETAINER — EVICTION COMPLAINT

TABLE OF CONTENTS

1. Caption
2. Parties, Jurisdiction, and Venue
3. The Premises and Rental Agreement
4. Pre-Filing Notice and Compliance
5. Count I — Unlawful Detainer for Nonpayment of Rent
6. Count II — Unlawful Detainer for Material Noncompliance
7. Count III — Unlawful Detainer for Holdover After Termination
8. Damages and Other Relief Sought
9. Prayer for Relief
10. Demand for Trial by Jury (Circuit Court Only)
11. Verification
12. Certificate of Service
13. Exhibit List
14. Virginia Practice Notes
15. Sources and References

1. CAPTION

COMMONWEALTH OF VIRGINIA

[GENERAL DISTRICT COURT / CIRCUIT COURT] FOR THE [CITY/COUNTY] OF [____________________]

CIVIL ACTION NO.: [________________________________]

FORM CC-1410 ATTACHMENT / COMPLAINT IN UNLAWFUL ENTRY AND DETAINER

2. PARTIES, JURISDICTION, AND VENUE

2.1 Plaintiff [LANDLORD NAME] is the owner / landlord / managing agent of the residential rental premises located at [PREMISES ADDRESS] (the "Premises") and is the party entitled to possession. Plaintiff's principal place of business is [ADDRESS].

2.2 Defendant [TENANT NAME] is an adult resident of the Commonwealth of Virginia who occupies the Premises under a rental agreement with Plaintiff. Additional Defendants include all adult occupants and any persons holding under the Tenant.

2.3 Subject-matter jurisdiction. This Court has jurisdiction over actions of unlawful entry and detainer pursuant to Va. Code § 8.01-126 (General District Court issuance) and Va. Code § 16.1-77 (GDC civil jurisdiction up to $25,000) [OR — for Circuit Court — Va. Code § 17.1-513 (Circuit Court general jurisdiction)]. The total amount in controversy is $[____________], which is [☐ within / ☐ above] the $25,000 GDC ceiling.

2.4 Venue. Venue is proper in this Court because the Premises are located within the [CITY/COUNTY] of [____________________], pursuant to Va. Code § 8.01-261 and § 8.01-262.

2.5 VRLTA applicability. The rental agreement is governed by the Virginia Residential Landlord and Tenant Act, Va. Code §§ 55.1-1200 through 55.1-1262 ("VRLTA"). The premises are not exempt from VRLTA under § 55.1-1201.

3. THE PREMISES AND RENTAL AGREEMENT

3.1 The Premises. The leased premises are a [SINGLE-FAMILY HOUSE / APARTMENT / TOWNHOUSE / CONDOMINIUM UNIT] located at:

[STREET ADDRESS, UNIT/APT, CITY, VA, ZIP]

3.2 The Rental Agreement. The parties entered into a [☐ written ☐ oral] rental agreement dated [__/__/____] (the "Lease"), a true and correct copy of which is attached as Exhibit A.

3.3 Tenancy terms.

3.4 Possession. Defendant took possession of the Premises on or about [__/__/____] and has remained in possession since.

4. PRE-FILING NOTICE AND COMPLIANCE

4.1 Statutory notice. Plaintiff served Defendant with the following written notice required by VRLTA before filing this action (check all that apply):

☐ 5-day pay-or-quit notice under Va. Code § 55.1-1245(F), dated [__/__/____], served on [__/__/____] (Exhibit B).
☐ 21/30-day cure-or-quit notice under Va. Code § 55.1-1245(A), dated [__/__/____], served on [__/__/____] (Exhibit C).
☐ 30-day non-curable termination notice under Va. Code § 55.1-1245(C), dated [__/__/____], served on [__/__/____] (Exhibit D).
☐ Immediate termination notice under Va. Code § 55.1-1245(D) (criminal/willful threat), dated [__/__/____], served on [__/__/____] (Exhibit E).
☐ 30-day no-cause termination notice under Va. Code § 55.1-1253(A), dated [__/__/____], served on [__/__/____] (Exhibit F).
☐ Other: [____________________]

4.2 Method of service of pre-filing notice. Service of the notice was effected by [☐ personal delivery ☐ substitute service on a person of suitable age at the dwelling ☐ posting and first-class mail ☐ written-agreement electronic notice under § 55.1-1202(B)]. Affidavit of service is attached as part of the relevant exhibit.

4.3 Expiration. The applicable notice period has fully expired and Defendant has neither cured the breach (where curable) nor surrendered possession.

4.4 DHCD Statement. Plaintiff has provided the Defendant with the Statement of Tenant Rights and Responsibilities required by Va. Code § 55.1-1226.1 [☐ at lease execution ☐ as a renewal addendum ☐ with the pre-filing notice].

4.5 No self-help. Plaintiff has not engaged in any unlawful exclusion, lockout, utility shutoff, or removal of personal property in violation of Va. Code § 55.1-1243.2.

5. COUNT I — UNLAWFUL DETAINER FOR NONPAYMENT OF RENT

(Pleaded under Va. Code § 8.01-126 and § 55.1-1245(F).)

5.1 Plaintiff incorporates paragraphs 1.1 through 4.5 as if fully restated.

5.2 Defendant has failed to pay rent due under the Lease as follows:

5.3 On [__/__/____], Plaintiff served Defendant with the 5-day pay-or-quit notice required by Va. Code § 55.1-1245(F). The five-day period expired on [__/__/____]. Defendant did not pay the past-due rent and has not vacated.

5.4 Defendant unlawfully detains the Premises within the meaning of Va. Code § 8.01-126.

6. COUNT II — UNLAWFUL DETAINER FOR MATERIAL NONCOMPLIANCE

(Pleaded in the alternative under Va. Code § 55.1-1245(A), (C), or (D).)

6.1 Plaintiff incorporates paragraphs 1.1 through 4.5 as if fully restated.

6.2 Defendant has materially breached the Lease and/or the obligations imposed by Va. Code § 55.1-1227 in the following specific respects (state with specificity — date, location, conduct):

[________________________________________________________________
________________________________________________________________
________________________________________________________________]

6.3 The breach is (check ONE):

☐ Curable under § 55.1-1245(A); Defendant failed to cure within 21 days of receipt of the cure-or-quit notice; the Lease terminated more than 30 days after receipt of the notice.

☐ Non-curable under § 55.1-1245(C); the Lease terminated more than 30 days after receipt of the notice.

☐ Repeat-breach under § 55.1-1245(B); the same act recurred within six months of a prior § 55.1-1245(A) notice (Exhibit [____]).

☐ Immediate-termination under § 55.1-1245(D); Defendant, an authorized occupant, or a guest committed a criminal/willful act constituting a clear and present danger to health or safety.

6.4 Defendant remains in possession after termination and unlawfully detains the Premises.

7. COUNT III — UNLAWFUL DETAINER FOR HOLDOVER AFTER TERMINATION

(Pleaded in the alternative under Va. Code § 55.1-1253.)

7.1 Plaintiff incorporates paragraphs 1.1 through 4.5 as if fully restated.

7.2 The tenancy is a [☐ month-to-month ☐ week-to-week] periodic tenancy. On [__/__/____], Plaintiff served Defendant with a notice of termination under Va. Code § 55.1-1253(A) at least [☐ 30 ☐ 7 ☐ 60] days prior to the next rent due date.

7.3 The tenancy terminated by its terms on [__/__/____]. Defendant has remained in possession after termination and unlawfully holds over.

7.4 Plaintiff is entitled under Va. Code § 55.1-1253(B) to liquidated damages of up to 150% of the per diem rent (or 100% for HUD-regulated units) for each day Defendant unlawfully retains possession.

8. DAMAGES AND OTHER RELIEF SOUGHT

8.1 Possession of the Premises.

8.2 Past-due rent and use-and-occupancy through the date of judgment, calculated at $[____________] per month / $[____________] per diem.

8.3 Late fees in the amount of $[____________], capped at 10% per Va. Code § 55.1-1204(C).

8.4 Liquidated holdover damages under § 55.1-1253(B), if applicable.

8.5 Damages to the Premises beyond ordinary wear and tear, in an amount to be proven at trial, currently estimated at $[____________].

8.6 Attorneys' fees to the extent provided by the Lease and Va. Code § 55.1-1245(I).

8.7 Court costs, sheriff service fees, and writ-of-eviction fees.

8.8 Pre-judgment interest at the legal rate under Va. Code § 6.2-302.

8.9 Issuance of a writ of eviction under Va. Code § 8.01-130.1 immediately upon entry of judgment, executable after the 10-day appeal period expires (§ 8.01-129).

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests this Court:

(A) Enter judgment for possession of the Premises in favor of Plaintiff;

(B) Award Plaintiff money judgment for past-due rent, use-and-occupancy, late fees, holdover liquidated damages, and property damage in the total amount of $[____________], plus accruing per diem through judgment;

(C) Award attorneys' fees and court costs to the extent permitted by the Lease and Virginia law;

(D) Issue a writ of eviction upon entry of judgment, executable after the 10-day period under Va. Code § 8.01-129 expires (or earlier upon tenant's written waiver of appeal);

(E) Grant such other and further relief as the Court deems just and proper.

10. DEMAND FOR TRIAL BY JURY (CIRCUIT COURT ONLY)

Pursuant to Va. Code § 8.01-336 and Va. Sup. Ct. R. 3:21, Plaintiff demands a trial by jury on all issues so triable. (Note: General District Court does not provide jury trials; if filed in GDC, this paragraph does not apply, but either party may appeal de novo to Circuit Court within 10 days under § 8.01-129 and demand a jury there.)

11. VERIFICATION

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF [____________________], to wit:

I, [PLAINTIFF / AGENT NAME], being first duly sworn, depose and state under penalty of perjury that I am [the Plaintiff / authorized managing agent of the Plaintiff] in the foregoing action; that I have read the foregoing Summons / Complaint and know the contents thereof; and that the same is true to the best of my knowledge, information, and belief.

_________________________________
[AFFIANT NAME]

Sworn to and subscribed before me this [____] day of [MONTH], [YEAR].

_________________________________
Notary Public
My commission expires: [__/__/____]
Registration No.: [____________________]

12. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on [__/__/____], a true and correct copy of the foregoing was served on the Defendant(s) by Sheriff service under Va. Code § 8.01-293 / by certified mail, return receipt requested, at the address(es) shown in the caption, and/or by such other method as the Court directs, in accordance with Va. Code §§ 8.01-296 and 8.01-299.

_________________________________
[ATTORNEY NAME / VSB NO. ____________________]
[FIRM]
[ADDRESS]
[TELEPHONE]
[EMAIL]
Counsel for Plaintiff

13. EXHIBIT LIST

14. VIRGINIA PRACTICE NOTES

1. Form CC-1410. The official initiating document in GDC is the Summons for Unlawful Detainer (CC-1410). Use the form for the GDC filing and attach this template as a Statement of Facts / Bill of Particulars (CC-1411) as needed.

2. Return-day timing (§ 8.01-126). Initial hearing within 21 days of filing (extendable to 30); summons must be served at least 10 days before the return day.

3. Continuance for redemption (§ 55.1-1250(C)). If a tenant tenders payment or a written redemption commitment from a local government or nonprofit at the first return date, the court must continue the action 10 days; full payment within those 10 days dismisses the action.

4. Bill of Particulars / Grounds of Defense (§ 16.1-69.25:1; CC-1411). The court may, on motion, order the plaintiff to file a Bill of Particulars and the defendant to file Grounds of Defense, generally on or before the first return date or at trial setting.

5. Writ of eviction (§ 8.01-130.1; § 8.01-129). The court may direct the writ to issue immediately upon judgment, but execution is stayed until the 10-day appeal period passes. The Sheriff schedules execution; the tenant may pay all amounts owed up to 48 hours before scheduled execution to redeem (§ 55.1-1250(D)).

6. Appeal (§ 8.01-129). Either party may appeal the GDC judgment to Circuit Court within 10 days. The appeal is de novo and requires posting an appeal bond (writ tax, costs, and any judgment with interest). Indigent tenants may move to proceed without bond under § 16.1-107.

7. Tenant defenses to anticipate. Improper or defective notice; warranty of habitability (§ 55.1-1220); rent escrow (§ 55.1-1244); retaliation (§ 55.1-1258); fair-housing discrimination (FHA / Va. Fair Housing Law / § 36-96.3 source-of-income); VAWA; SCRA; security deposit set-off (§ 55.1-1226); waiver/estoppel from rent acceptance without reservation (§ 55.1-1250(B)); equal protection or local procedural defenses.

8. 2024 amendments. HB 598 (2024 Va. Acts) amended §§ 8.01-126 and 55.1-1245; among other changes, it clarified emergency-hearing procedures for single-family premises with no rental agreement (14-day expedited setting). Verify the current statutory text before filing.

9. Local courts to know. Richmond GDC, Norfolk GDC, Alexandria GDC, Arlington County GDC, Fairfax County GDC, and Prince William County GDC each have local docket practices, rocket-docket return days, and rental-assistance referral programs. Consult local administrative orders.

10. Self-help bar. Va. Code § 55.1-1243.2 imposes statutory damages of $5,000 or four months' rent (whichever is greater) plus attorneys' fees on landlords who lock out tenants, shut off utilities, or remove tenant property without a writ.

11. Service. Sheriff service is preferred. § 8.01-293(2) authorizes private process servers age 18+. Posting alone is permitted only after diligent personal/substitute attempts.

15. SOURCES AND REFERENCES

• Va. Code § 8.01-126 — Summons for Unlawful Detainer: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-126/
• Va. Code § 8.01-127 to § 8.01-130.1 — Unlawful Entry and Detainer procedure: https://law.lis.virginia.gov/vacodefull/title8.01/chapter3/article13/
• Va. Code § 16.1-77 — GDC civil jurisdiction: https://law.lis.virginia.gov/vacode/title16.1/chapter6/section16.1-77/
• Va. Code § 55.1-1245 — Noncompliance with rental agreement: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1245/
• Va. Code § 55.1-1250 — Acceptance of rent with reservation; redemption: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1250/
• Va. Code § 55.1-1253 — Periodic tenancy holdover: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1253/
• Va. Code § 55.1-1258 — Retaliatory conduct prohibited: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1258/
• Va. Code § 55.1-1243.2 — Self-help eviction barred: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1243.2/
• Va. Code § 8.01-336 — Right to jury trial: https://law.lis.virginia.gov/vacode/title8.01/chapter11/section8.01-336/
• Va. Sup. Ct. R. 3:8 — Answer in Circuit Court: https://www.vacourts.gov/courts/scv/rulesofcourt.pdf
• Virginia Judicial System Forms (CC-1410 Summons; CC-1411 Bill of Particulars): https://www.vacourts.gov/forms/district/home.html
• Virginia DHCD, Statement of Tenant Rights and Responsibilities: https://www.dhcd.virginia.gov/landlord-tenant
• 2024 Va. Acts ch. 268, ch. 331 (HB 598; HB 331) — amendments to §§ 8.01-126 and 55.1-1245