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Practice Of Real EstateState_specificHARD

A landlord in Virginia terminates a tenant's lease and files an unlawful detainer action. The court rules in the landlord's favor and issues a writ of possession. The tenant refuses to vacate. Under Virginia law, who has the authority to physically remove the tenant from the property?

Correct Answer

C) Only the sheriff or authorized law enforcement officer may execute the writ of possession and remove the tenant.

Under Va. Code § 8.01-470, once a court issues a writ of possession in an unlawful detainer action, only the sheriff or other authorized law enforcement officer may execute the writ and remove the tenant from the premises. The landlord has no authority to personally remove the tenant or their belongings. Self-help eviction — even after obtaining a court judgment — remains illegal in Virginia.

Answer Options
A
The landlord may personally remove the tenant and their belongings once the writ of possession is issued.
B
The property manager may coordinate with a moving company to remove the tenant's belongings immediately after the court ruling.
C
Only the sheriff or authorized law enforcement officer may execute the writ of possession and remove the tenant.
D
The Virginia Real Estate Board must authorize the removal before the landlord can proceed.

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Related Topics & Key Terms

Key Terms:

evictionwrit_of_possessionvrltasheriffself_help_eviction

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