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 DC-421 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. General District Court has jurisdiction over unlawful-entry-or-detainer actions under Va. Code § 16.1-77(3). Subdivision (3) expressly says subdivision (1)'s maximum jurisdictional limits do not apply to a claim, counterclaim, or crossclaim in an unlawful-detainer action that includes damages sustained or rent against a person obligated on the lease or its guarantee. If counsel selects Circuit Court, identify the separate claim- and relief-specific jurisdictional basis under Va. Code § 17.1-513 and other current law rather than using a former $25,000 amount rule. The relief sought is [POSSESSION / RENT / DAMAGES / OTHER: ________________________________].

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):

☐ 14-day pay-or-quit notice under Va. Code § 55.1-1245(F), dated [__/__/____], served on [__/__/____] (Exhibit B).
☐ Covered dwelling under 15 U.S.C. § 9058: The applicable federal 30-day notice to vacate was given on [__/__/____], and the federal period has elapsed or will elapse before possession is required. [Identify the covered-property basis and attach the notice; assess federal and state notice requirements together.]
☐ 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(C) (qualifying criminal/willful health-or-safety 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 Delivery of pre-filing notice. The notice was delivered by a method permitted by the rental agreement and Va. Code § 55.1-1202: [DESCRIBE METHOD]. If electronic delivery was authorized by the rental agreement under § 55.1-1202(A), proof of electronic delivery is attached. Proof of delivery 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. Under Va. Code § 55.1-1204(B) and (H), Plaintiff provided Defendant the current Statement of Tenant Rights and Responsibilities with the proposed written rental agreement on [__/__/____] and again, if needed, before filing this action on [__/__/____]. The acknowledgment was [☐ signed on [__/__/____]; ☐ not signed by Defendant despite delivery on [DATE(S), recorded by Plaintiff]].

4.5 No self-help. Plaintiff has not unlawfully excluded Defendant from the Premises or interrupted essential services contrary to Va. Code § 55.1-1252.

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 14-day pay-or-quit notice required by Va. Code § 55.1-1245(F). The 14-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 (E).)

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.

☐ Subsequent like-nature breach under § 55.1-1245(E); after remedying a breach identified in a prior written notice requiring cure, Defendant intentionally committed a subsequent breach of like nature (Exhibit [____]).

☐ Immediate-termination under § 55.1-1245(C); Defendant, an authorized occupant, or a guest committed illegal drug activity or another nonremediable criminal/willful act that also posed a threat to health and 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 written notice of termination. Select the applicable timing basis:

• ☐ Under Va. Code § 55.1-1253(A), a week-to-week tenancy: notice was served at least seven days before the next rent due date, [__/__/____].
• ☐ Under § 55.1-1253(A), a month-to-month tenancy: notice was served at least 30 days before the next rent due date, [__/__/____], or complied with the different notice period in rental-agreement section [____].
• ☐ Under § 55.1-1253(B), a qualifying multifamily month-to-month nonrenewal: notice was served at least 60 days before the tenancy expiration date, [__/__/____]; the aggregation threshold and nonpayment exception were reviewed as described in [ATTACHMENT].

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

7.4 The rental agreement's section [____] includes a reasonable liquidated holdover-damages provision. Plaintiff seeks $[____] per day under that provision and Va. Code § 55.1-1253(C), capped at 150% of the per diem monthly rent, or the per diem monthly rent for a public housing unit or other HUD-regulated unit. [If the agreement has no such provision, omit this claim and plead any provable actual damages instead.]

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 $[____________], limited to the lesser of 10% of periodic rent or 10% of the remaining balance due and owed under Va. Code § 55.1-1204(E).

8.4 Lease-based liquidated holdover damages under § 55.1-1253(C), if the agreement provides for them and the statutory cap is met.

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 upon entry of a possession judgment, on Plaintiff's request under Va. Code § 8.01-129(B), with execution only after the ten-day appeal period and the notice of intent to execute required by § 8.01-470.

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, with execution no earlier than the expiration of the tenant's 10-day appeal period under Va. Code § 8.01-129(B);

(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, [SERVER NAME], [☐ sheriff/deputy; ☐ adult nonparty; ☐ private process server], served the summons and this attachment on [DEFENDANT NAME] at [ADDRESS] on [__/__/____] by:

☐ Personal delivery to Defendant.

☐ Delivery at Defendant's usual abode to [FAMILY MEMBER NAME], age [____] (at least 16), who is not a temporary guest; I explained the nature of the papers.

☐ Posting at the front or main entrance of Defendant's usual abode after personal and qualifying substituted service could not be made; attempts: [DATES, TIMES, RESULTS].

Server's signature: _________________________________ Date: [__/__/____]

Mailing certificate after posted service, if used: I, [PLAINTIFF / ATTORNEY / AGENT NAME], mailed Defendant a copy of the process at [ADDRESS] on [__/__/____] and filed this certificate with the court. For a default judgment, the mailing must occur at least ten days before judgment under Va. Code § 8.01-296(2)(b).

Mailer's signature: _________________________________ Date: [__/__/____]

13. EXHIBIT LIST

14. VIRGINIA PRACTICE NOTES

1. Form DC-421. The official initiating document in GDC is the Summons for Unlawful Detainer (DC-421). Use the form for the GDC filing and attach this template as a Statement of Facts / Bill of Particulars (DC-441) 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 tender (§ 55.1-1250(B)). If a tenant presents a written redemption commitment from a local government or nonprofit at the first return date, the court continues the action for 10 days; full payment within that period requires dismissal.

4. Bill of Particulars / Grounds of Defense (§ 16.1-69.25:1; DC-441). 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 (§§ 8.01-129(B), 8.01-470, 8.01-471). On Plaintiff's request, the court orders the writ issued upon the possession judgment, but the sheriff may not evict before the ten-day appeal period expires and must give at least 72 hours' notice of the execution date and time.

6. Appeal (§§ 8.01-129, 16.1-107(C)). Either party may appeal the GDC judgment to Circuit Court within ten days. A nonindigent residential-eviction defendant must meet the appeal-bond and payment requirements. An indigent defendant owes no appeal bond. After perfecting the appeal, the tenant must pay the contracted monthly rent to the landlord on or before the fifth day of each month; a missed payment permits the landlord to seek judgment and possession by written motion under § 16.1-107(C).

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. Under Va. Code § 55.1-1243.1(A), (D), a tenant who proves at a full hearing that the landlord willfully and without court authority excluded the tenant, interrupted an essential service, or made the premises unsafe may recover actual damages, statutory damages of $5,000 or four months' rent (whichever is greater), and reasonable attorney fees. Section 55.1-1252 separately bars unlawful repossession or interruption of essential services.

11. Service. Va. Code § 8.01-293 permits sheriff service or service by an adult nonparty, including a qualifying private process server. Under § 8.01-296, use personal delivery or qualifying substituted service at the usual abode if possible. If neither can be made, posting at the front or main entrance must be followed by mailing a copy and filing a mailing certificate; mailing must precede any default judgment by at least ten days. Preserve the server's return and mailing certificate.

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 §§ 8.01-126 to 8.01-129 — Unlawful Entry and Detainer procedure and appeal: https://law.lis.virginia.gov/vacodefull/title8.01/chapter3/article13/
• Va. Code §§ 8.01-470, 8.01-471 — Writ execution and duration: https://law.lis.virginia.gov/vacode/title8.01/chapter17/section8.01-470/
• Va. Code § 16.1-107(C) — Residential unlawful-detainer appeal payments: https://law.lis.virginia.gov/vacode/title16.1/chapter7/section16.1-107/
• Va. Code § 55.1-1204(B), (H) — Tenant-rights statement: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1204/
• 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 § 55.1-1243.1 — Tenant remedies for unlawful exclusion or interruption: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1243.1/
• 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 General District Court Forms: https://www.vacourts.gov/forms/district/dc421.pdf (DC-421 Summons); https://www.vacourts.gov/forms/district/dc441.pdf (DC-441 Bill of Particulars)
• 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