Judgment for Possession: A Northern Virginia Landlord Tenant Lawyer Explains What Happens Next

When your tenant breaches the lease, your immediate focus is on filing the eviction lawsuit so that you can regain possession of the property as quickly as possible. However, the process isn’t over once the court awards you possession. There is still more work to be done and you can’t get access to the property just yet. Understanding the post-judgment part of an eviction lawsuit can be confusing, but a Northern Virginia landlord tenant lawyer can help. 

Immediate Possession Is Not What It Sounds Like

In certain instances, the court may award “immediate possession.” Unfortunately, this does not mean that you can take possession today. What “immediate possession” refers to in this situation is when you can file the Request for Writ of Possession. In any eviction lawsuit, there is a 10-day appeal period following the date the judgment is entered. During that appeal period, you cannot execute on your judgment in any way, by either taking possession of the property or by trying to collect your money damages. 

When you are awarded “immediate possession,” that means that you can file your Request for Writ of Possession during the 10-day appeal period. However, understand that it will not be acted upon during the 10-day period. Once the 10-day period expires, the clerk’s office will then forward it to the Sheriff’s department for processing. 

Local Procedures Add Additional Complications

Despite the fact that you may be able to file the Request for Writ during the 10-day appeal period, my experience is that many of the clerk’s offices in the Northern Virginia area will not accept it during that time period. Some of them will accept it toward the end of the appeal period. This is because the clerk’s offices are overwhelmed and do not have the ability to track the timelines. As a result, you run the risk of the Request for Writ essentially getting lost if the clerk is willing to accept it during the appeal period. I’ve had the best success when I file the Request for Writ of Eviction on the 10th day so that the clerk can immediately process it and forward it to the Sheriff for execution. An experienced Northern Virginia landlord tenant lawyer can help you navigate these quirks.

Scheduling the Eviction Date

Once the Sheriff receives the Request for Writ of Eviction, they will contact you to schedule an eviction date. Then they will serve the tenant with an eviction notice informing them of the date and time they will be evicted from the property. A couple of important notes with regard to the eviction notice: 

• The sheriff must serve the tenant with the eviction at least 72 hours prior to the eviction date.

• The tenant can exercise their “right of redemption” up to 48 hours prior to the eviction date. This means they can stop the eviction by paying all amounts due as of that date. 

How quickly you get an eviction date will depend entirely on how busy the sheriff’s office is. My experience has been that you should anticipate the eviction date to be scheduled three to four weeks from the date of judgment. 

The Tenant’s Right of Redemption / “Pay and Stay”

In cases where the lease has been terminated due to nonpayment of rent, the tenant has a right to redeem the property. As noted above, this means that the tenant can stop the eviction if they pay all amounts due as of the date they make payment. In other words, they may have to pay the following amounts in order to stop the eviction: 

• Any additional rent and late fees that have come due since the judgment was entered

• Post-judgment interest (6% on the principal amount awarded)

• Any additional costs incurred, such as the filing fee for the Request for Writ of Eviction

Again, the tenant loses their right of redemption after 48 hours prior to the eviction date and time. At that point, landlords are not obligated to accept payment and, in fact, could accept payment and still proceed with the eviction. 

Note that the right of redemption only applies in non-payment cases. There is no right of redemption in the following situations: 

• Holdover tenancies

• Evictions due to breaches of the lease for reasons other than non-payment of rent

The Lockout

The most common type of eviction is commonly referred to as a “lockout.” In a lockout eviction, you meet the sheriff’s deputy at the property on the eviction date with a locksmith. Once the deputy confirms that the tenant has vacated the premises (or has removed the tenant from the property) you can then have the locksmith change the locks to the property. 

FAQs About the Post-Judgment Eviction Process

Can I accept partial payments from my tenant? 

Yes, assuming that your termination notice included the appropriate language reserving your right to accept payments but proceed with the eviction. You must halt the eviction if they make payment in full at least 48 hours prior to the eviction, however. 

If you are uncertain, the best thing to do is be transparent with your tenant - acknowledge receipt of the payment, inform them of the remaining balance due, and that you intend to proceed unless and until they make payment in full. 

What about the possessions that they have left behind?

This is a complicated issue and you should proceed carefully. If your notice included the appropriate verbiage, you have the right to consider any possessions left behind by your tenant as abandoned property 24 hours after the date they vacate the premises. If you have not previously informed them of their rights with regard to their possessions, you must send a notice giving them 10 days to collect their possessions and inform them that they will be considered abandoned 24 hours after the date the 10-day period expires. 

Do I need to file the Request for Writ of Eviction if my tenant has already vacated the property? 

No, you do not. You have been granted possession of the premises by the court, so you can now retake possession if the tenant has surrendered the property. 

Can I enter into an agreement with my tenant to vacate the premises? 

Yes. In fact, many landlords will try to incentivize their tenants to vacate the premises in order to regain possession more quickly. Some landlords may try to do this before they obtain a judgment. 

Can I change the locks before the eviction date or take other actions to regain control of the property?

No, you cannot, and doing so could result in legal action taken against you. In general, you cannot do anything that would be considered a “constructive eviction” prior to the eviction date, including the following: 

• Shutting off or suspending utilities

• Refusing to make repairs 

• Refusing to provide necessary services

Questions about the Eviction Process? Talk to a Northern Virginia Landlord Tenant Lawyer Today

The eviction process after a judgment for possession is full of pitfalls. At The Herndon Law Firm, we specialize in helping landlords enforce leases and reclaim properties in Northern Virginia. Facing a tenant breach? Call or email us today for experienced advice tailored to your case.