To get rid of squatters in Virginia, you have to go through the courts: serve a written notice to vacate, file an unlawful detainer lawsuit in the General District Court where the property sits, win a judgment for possession, and then have the sheriff physically remove the occupant under a writ of eviction. There is no legal shortcut. Even when the person has no right to be on your property, Virginia law requires this civil process, and skipping steps can turn you into the defendant.
The whole sequence usually runs several weeks from first notice to the sheriff at the door.
Why You Can’t Just Change the Locks
Virginia prohibits “self-help” removal. You cannot change the locks, remove the squatter’s belongings, shut off utilities, board up doors or windows, or use threats or force to push someone out. These actions are illegal even when the occupant has no legal right to be there.
An occupant who is illegally locked out or forced out can sue under Virginia’s landlord-tenant statutes for actual damages, court costs, and attorney’s fees, and courts can add further penalties. A judgment against you costs far more than the few weeks you would have saved.
One other thing to sort out early: if the person just broke into a vacant house and hasn’t been there long, call the police first. Officers may treat it as criminal trespass and remove the person on the spot. Once someone has been living in the property for any meaningful stretch, police typically call it a civil matter and send you to court, which means an unlawful detainer regardless of whether the occupant was ever a legitimate tenant.
Step 1: Serve a Written Notice to Vacate
Before you file anything, give the occupant written notice to leave. For a pure squatter who was never a tenant, Virginia law does not prescribe a specific notice period, but putting the demand in writing creates a paper trail showing you asked them to leave before going to court, and judges respond well to evidence that you followed a reasonable process.
Deliver it by handing it directly to the occupant. If they refuse to accept it or you can’t reach them in person, post it conspicuously on the front door.
If the person was actually a tenant at some point, different notice periods apply depending on the reason — five days for unpaid rent, 21/30 days for curable lease violations, 30 days for serious violations, and no notice at all for criminal acts threatening health or safety.1Nolo. The Eviction Process in Virginia: Rules for Landlords and Property Managers2CivicPlus.CMS.FAQ – Norfolk.gov. Frequently Asked Questions – Section: Eviction Prevention If that’s your situation, match your notice to the reason.
Step 2: File an Unlawful Detainer in General District Court
Once the notice period passes and the squatter is still there, file an unlawful detainer action in the General District Court for the city or county where the property sits. The form is the Summons for Unlawful Detainer, Form DC-421, from the Virginia Judicial System.3Virginia Judicial System. Summons for Unlawful Detainer Form DC-421
On the form you’ll list yourself as plaintiff, the squatter as defendant, the property address, and the reason for eviction — for a squatter, unauthorized occupancy. If you don’t know the squatter’s legal name, ask the clerk how your jurisdiction handles “John Doe” filings. There is a filing fee; call your local clerk for the current amount.
You can request money damages in the same case. If the squatter caused property damage or you lost rental income during the occupation, put those amounts in the claim so the court can award them alongside possession.
Step 3: The Court Hearing
After you file, the court schedules a hearing and the squatter is served with the summons. At the hearing you need to prove two things: that you own the property, and that the occupant has no legal right to be there. Bring:
- Your deed or other proof of ownership.
- A copy of the written notice you served.
- Photographs showing unauthorized occupancy or damage.
- Any other documentation that supports your case.
If the squatter doesn’t appear, the judge will typically enter a default judgment for you. If they do show up and contest, both sides present evidence. Squatters sometimes claim they had verbal permission or a lease. A clear paper trail showing you never authorized the occupancy and that you served proper notice makes those defenses hard to sustain.
A ruling in your favor gets you a judgment for possession. That confirms your right to the property, but it does not remove anyone on its own.
Step 4: The Sheriff Executes the Writ of Eviction
To get the squatter physically out, request a Writ of Eviction from the court clerk using Form DC-469.4Virginia Courts. Writ of Eviction in Unlawful Detainer Proceedings Form DC-469 The writ commands “any authorized officer” to deliver possession of the property to you. Take it to the local sheriff’s office.
Only the sheriff or a deputy can carry out the removal. You cannot do it yourself even with the writ in hand. The sheriff’s office schedules the eviction, posts notice at the property, and executes the writ. The sheriff must return the writ to the court within 30 days, reporting how and when it was carried out.4Virginia Courts. Writ of Eviction in Unlawful Detainer Proceedings Form DC-469 There is a service fee that varies by locality.
What to Do With Belongings Left Behind
After the removal, you may find personal property inside. Do not throw everything in a dumpster on the spot. Virginia law governs how landlords must handle abandoned belongings, and improper disposal can create liability.
The safer approach is to photograph everything, store items of apparent value for a reasonable period, and give the former occupant written notice of where they can retrieve their property. Obvious trash can generally be discarded; anything that could plausibly have value deserves more careful treatment. If you’re unsure how long you need to hold something, a brief consultation with a local attorney costs far less than defending a claim that you destroyed someone’s property.
Can a Squatter Claim Ownership of My Property?
Squatters sometimes threaten adverse possession. Under Virginia Code § 8.01-236, an owner loses the right to sue to recover land if 15 years pass without asserting that right, and for the claim to succeed the occupation must have been continuous, open, and hostile for that entire period.5Virginia Code Commission. Virginia Code 8.01-236 – Limitation of Entry on or Action for Land
For a residential property where you’ve just discovered a squatter, adverse possession is not a realistic threat as long as you act. The statute is built for decades-old boundary disputes and forgotten parcels, not someone who moved into your vacant house last month.5Virginia Code Commission. Virginia Code 8.01-236 – Limitation of Entry on or Action for Land Still, the 15-year deadline is a reason not to sit on the problem.
Preventing the Next One
Vacant properties are the usual target, and a few basic measures cut the risk sharply:
- Visit the property at least every couple of weeks. Homes that look forgotten get picked. A car in the driveway, mowed lawn, and collected mail all signal active ownership.
- Keep deadbolts on exterior doors, lock windows, and secure the garage. Board up broken windows immediately.
- Post no-trespassing signs at property boundaries with your name or contact information.
- Ask neighbors to call you if they see unfamiliar people on the property.
- Install a basic security camera with remote alerts and motion-activated lights.
- Shut off utilities on a vacant property, or monitor them; a usage spike on a supposedly empty house is a red flag.
A trespasser caught on day one is a police matter. A squatter who has been settled in for months is a court matter, and that difference is measured in weeks of your time and money.