Writ of Possession in Unlawful Detainer

The Virginia Code allows for a Writ of Possession in Unlawful Detainer to be issued within one year from the date of the judgment. If a landlord receives payments from the tenant before issuing the Writ of Possession, it is essential that the landlord send a reservation of rights letter. Before issuing a Writ of Possession after 30 days from judgment, Fairfax County Courts require an Affidavit that the landlord has not received any money from the tenant without a reservation of rights letter being sent.

CAUTION: If a landlord accepts payments after judgment, it may compromise its rights to secure the Writ of Possession. Always send a reservation of letter.