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Eviction notice or court date

What a notice does and does not do, and what to do with a court date.

Awaiting attorney review

This playbook is written and sourced, but a qualified Virginia reviewer has not signed off on it yet. Use it to understand the landscape and to prepare, not as a legal conclusion, a deadline, or a remedy.

A notice is not an eviction. Only a court can order you out, and a court date is the one thing you cannot ignore. Get a lawyer or legal aid involved before the date on the paper.

What the law says

  • A notice is not a court order. Only a court can order you out of your home.
  • Virginia eviction cases are filed in the General District Court for the city or county where the property sits; for Richmond City that is the Richmond General District Court, not a Henrico court.
  • If you are served with a summons, it carries a hearing date. Missing that date can decide the case against you even if you were right about everything else.
  • There are programs and defenses that depend on facts you may already have; payment records, conditions in the unit, and whether notice was properly given. A lawyer can tell you in minutes what takes hours to research.

Steps tenants usually take

  1. 01Write the date you actually received the paper on the back of it, and keep the envelope.
  2. 02Read the paper for a date and time. If there is a hearing, that date controls what you do next.
  3. 03Call legal aid before the hearing date; the same day if the hearing is within two weeks.
  4. 04Gather payment records and any written agreement you have about the rent that is claimed.
  5. 05Attend any scheduled hearing. If you truly cannot, contact the court before the date, not after.

Do not skip these

  • Do not ignore a court date while you look for help. Call legal aid the day you receive the paper.
  • Do not move out or hand over keys based only on a notice until you have talked to someone. Leaving can affect your defenses and your deposit.