How to Pause a Sheriff Lockout During Eviction Appeals in Virginia

If you're facing eviction in Virginia, the stress of a pending sheriff lockout can be overwhelming. However, you have important rights—especially if you are appealing your eviction. This guide explains, in plain English, how to pause ("stay") a sheriff lockout through the appeals process, what forms to use, and where to get legal help. Understanding your rights under Virginia’s Residential Landlord and Tenant Act can give you practical steps to protect your home.

What Happens After an Eviction Judgment in Virginia?

When a landlord wins an eviction case in Virginia General District Court, the court issues a judgment for possession. This allows the landlord to ask the sheriff to evict you—but not immediately. There is a brief period in which you can appeal the decision and potentially stop (or “stay”) the sheriff from locking you out.

Appeal Period: Act Quickly!

• You have 10 days from the date of the judgment to file an appeal in most eviction cases.
• This window is critical; acting within it gives you the chance to delay or stop the lockout process.

How to Stay (Pause) the Sheriff Lockout When Appealing

Filing an appeal alone does not automatically stop the sheriff lockout. To legally pause the eviction, you must complete these steps:

• File a Notice of Appeal with the General District Court.
• Pay an appeal bond (usually the amount of judgment and any owed rent).
• Submit a Request to Stay Execution of Judgment so the sheriff cannot proceed with the lockout while your appeal is pending.

Key Official Forms for Virginia Renters

• Notice of Appeal (Form DC-475)
  When to use: Within 10 days of the eviction judgment, submit this to notify the court you are appealing.
  How to use: Turn in the completed form at the clerk’s office. This starts your appeal.
  View and download Notice of Appeal (Form DC-475)
• Appeal Bond
  When to use: Required when filing your appeal. The bond is typically the amount the court ruled you owe.
  How to use: Pay the bond at the clerk’s office. This is usually in cash or certified funds. Contact your local General District Court to confirm bond amount and process.
• Motion to Stay Execution of Judgment
  When to use: To ask the court to officially stay the sheriff lockout until your appeal is resolved.
  How to use: File a written request/motion with the court as soon as you appeal. There’s no pre-printed form, but you can ask the clerk for guidance or visit the court’s website for sample language.

Next Steps: What to Expect After Filing

• If the stay is granted, the sheriff cannot remove you while your appeal is pending, as long as you keep up with required payments.
• The appeal moves your case to Circuit Court for a new hearing.
• You must pay ongoing rent into court (called "payment of rent into escrow") until the appeal is decided. Missing payments can cancel your stay.
• For details, visit the Virginia General District Court page on appeals and see the statute on appeals and stays.

If you have questions on writing a motion or how to pay your bond, ask the court clerk as soon as possible, or reach out to a legal aid organization for free help.

Your Rights Under Virginia Law

Virginia’s Residential Landlord and Tenant Act (Code of Virginia § 55.1-1200 et seq.) outlines protections for tenants and sets the legal process landlords must follow for evictions.

• Eviction judgments must go through General District Court.
• Appeals and stays are governed by Code of Virginia § 8.01-129.

Even after judgment, you retain the right to appeal and seek a stay—provided you follow the court’s steps and meet all deadlines.

FAQ: Staying the Sheriff Lockout in Virginia

1. Can I stop the sheriff lockout if I file an appeal?
   Filing an appeal is the first step, but you must also request a stay of execution and pay an appeal bond to legally pause the lockout.
2. How much time do I have to appeal an eviction in Virginia?
   In most cases, you have 10 days from the date of the judgment to file your appeal.
3. Do I have to keep paying rent after filing my appeal?
   Yes. You must keep paying current rent into court (escrow) during your appeal. If you miss a payment, your stay can be removed.
4. Where do I file the Notice of Appeal and appeal bond?
   Both must be filed or paid at the clerk’s office of the General District Court where your eviction was heard.
5. Where can I get help with writing a motion to stay execution?
   Legal aid organizations and your court clerk can offer sample forms or advice. See the resources section below.

Need Help? Resources for Renters

• Virginia General District Court Locator — Find your local court to file appeals and motions.
• Virginia Residential Landlord and Tenant Act — Read about your rights and protections under state law.
• Virginia Legal Aid — Free legal help for renters facing eviction.
• Virginia Department of Housing and Community Development: Eviction Prevention Resources

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1. See: Virginia Residential Landlord and Tenant Act (Va. Code Title 55.1, Chapter 12).
2. Appeals and stays: Code of Virginia § 8.01-129
3. Official courts and forms: Virginia General District Court

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