How to Evict a Roommate Not on the Lease in Virginia

Evicting a roommate who isn’t on your lease in Virginia can be complicated, but understanding the legal process will help protect your rights and prevent costly mistakes. Virginia’s eviction laws cover formal landlord-tenant relationships, yet many renters share homes with roommates or subtenants without official agreements. This guide will walk you through your options and responsibilities if you need to evict a roommate not listed on your lease.

Understanding Your Legal Relationship

If your roommate isn’t on the written lease with your landlord, they’re usually considered a “guest” or, in some cases, a subtenant. In Virginia, only the person listed on the lease holds legal rights and responsibilities to the landlord. If you’re the leaseholder renting to a roommate, you may now be considered their landlord under state law—even if you’re only renting a room.

• Guest: A short-term visitor, usually not paying rent. No lease or sublease agreement.
• Subtenant: Someone who pays rent to you (the leaseholder), possibly with a written or verbal agreement. Not listed on the primary lease.

Steps to Evict a Roommate Not on the Lease in Virginia

The process depends on whether your roommate pays rent to you or is simply an unwelcome guest. In many cases, the Virginia courts require that you formally evict the person, even if they are not on the original lease.

1. Try to Resolve the Situation Informally

• Speak directly and explain the situation compassionately
• Give reasonable notice for them to move out (in writing is best)
• Document all communications

2. If They Refuse—Start Formal Eviction Proceedings

If your roommate or guest refuses to leave, Virginia law typically treats you as their landlord, granting you the right to begin the eviction process through the courts.

• Give a formal written notice to quit or vacate—usually 30 days for tenants without a formal lease
• Keep a copy of this notice for your records

3. Required Official Forms

• Five-Day Pay or Quit Notice (Form DC-421)
  • Use if your roommate owes rent to you. States they must pay back rent or leave in 5 days.
  • Download it from the Virginia Courts – Pay or Quit Form.
  • How it's used: For example, if your roommate missed rent, complete and deliver this form. If they still do not pay or move after five days, you may file for eviction.
• Thirty-Day Notice to Quit
  • Use if the roommate does not pay rent or is simply an unwelcome guest.
  • No official pre-made form, but the notice must be written and include date, the request to vacate within 30 days, and your signature.
  • Sample template available from the Virginia General District Court.
• Unlawful Detainer (Form DC-421)
  • Initiate eviction if they don’t leave after proper notice.
  • File with your local General District Court.
  • Find the form at the Virginia Courts – Unlawful Detainer.

4. File With the Correct Tribunal

In Virginia, the General District Court handles all residential landlord-tenant disputes and evictions. File your Unlawful Detainer form with the court in the city or county where you live. Once the court receives your paperwork, your roommate will be notified and a hearing date set.

5. Go to Court

• Attend the hearing and bring all evidence (notices, communications, written agreements, etc.)
• The judge will decide if the eviction should go forward

If successful, you will receive a Writ of Possession that allows the sheriff to physically remove the roommate if needed.

If your roommate becomes hostile or refuses to leave after an eviction order, do not attempt self-help eviction—contact your local sheriff’s department for enforcement support.

Key Virginia Law: What Applies?

Virginia’s Residential Landlord and Tenant Act governs most rental and roommate situations, especially regarding eviction, notice, and court procedure. Even if you only have a verbal agreement with your roommate, these eviction procedures still apply.

FAQ: Evicting a Roommate in Virginia

1. Is it legal to evict someone who isn’t on the lease?
   Yes. If they have lived in the home and pay rent—even informally—you must go through Virginia’s eviction process. Never use self-help eviction methods.
2. How much notice do I have to give a roommate?
   Typically, at least 30 days’ written notice is required for a roommate without a lease. For issues of nonpayment, a 5-day Pay or Quit notice is standard.
3. What if my roommate damages property or won’t leave?
   If a roommate won’t leave after an eviction order, you may request the sheriff’s assistance. For property damage, keep records and consider filing a separate civil claim if needed.
4. Can my landlord help evict my roommate?
   Your landlord cannot remove someone who is not on the lease unless they have established tenant rights. It’s your responsibility as the leaseholder to follow proper legal channels.
5. Where do I file eviction paperwork?
   File all eviction forms with your local General District Court in Virginia.

Key Takeaways for Roommate Eviction in Virginia

• Roommate evictions require proper written notice and court filings, even if your roommate is not on the lease.
• The Virginia General District Court manages all eviction and unlawful detainer actions.
• Never change the locks or remove a roommate’s belongings before receiving a court judgment and official Writ of Possession.

Start with open communication, but be prepared to use Virginia’s structured legal process if informal solutions fail.

Need Help? Resources for Renters

• Virginia General District Court - Landlord & Tenant Resources: Tribunal for residential evictions
• Virginia Department of Housing and Community Development: Tenant guides and education
• Virginia Legal Aid: Free or low-cost legal advice for renters
• Virginia Residential Landlord and Tenant Act: Full text of the law

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1. Virginia Residential Landlord and Tenant Act: Read the current Virginia rental laws
2. General District Court Forms and Procedures: Official Pay or Quit and Unlawful Detainer forms
3. Find your local General District Court: Virginia General District Court locator

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