In the Hope that this information will somehow help another VA landlord who has not been through it yet, assuming it is being implemented the same way statewide.......
I learned in court today that:
A Writ of Eviction (for Sheriff set-out) will not be issued until after the ten days that the court gave the tenant to move out, after the judgement for possession is granted. (that will be Thur 1/14/21.)
To get that writ issued, you must submit - along with the application for the writ - the new form certifying what type of case it is in reference to. 1)Non-residential, 2)Other than non-payment of rent, or 3)non-payment and you have gone through all the steps.
With no advice from my (former) lawyer, I chose #2 - because on the unlawful detainer form, the judge wrote that possession was granted due to expiration of agreement. It had ORIGINALLY been filed for non-payment of rent, so I was told today that the box I should have checked is #3 - even though that is not the basis on which possession was given. I did receive a monetary judgement, also.
I also learned that I have to give ANOTHER 14-day notice to the Tenant, AFTER the court has already granted me possession, and BEFORE filing for the Writ. The judge did spend some time allowing me to ask for clarification, and explaining, regarding what this notice needs to contain. Apparently, it is the same 14-day notice required for non-payment of rent, with all the information about where to call for help, and applying to VRMRP, etc. [ What? Aren't we already past that?!]
I truly do not get it!
I issued the 5-day notice (which was required then) in October for unpaid rent, a 14-day notice when Nov rent was unpaid, and tenant went into hold-over status in Dec. (I even sent him a non-required notice that he was now in hold-over status, and that means 150% of the daily rent) When she asked if I sent a 14-day notice, I referred to it having been sent in Nov. NOPE!
Now, I have read the new laws over & over. I do NOT see anywhere that it says you need to give another 14-day notice of any type between the judgement for possession and getting a writ of eviction, if that is necessary.
If another VA landlord knows where this is written, please correct me and tell me where to look.
So, here is what I'll do now:
Today I will write & post on his door, and photograph (and hopefully photograph the tenant with the notice when he comes to the door) a 14-day notice as already described. I will write an introductory paragraph at the top of it, stating it is a reminder of the judge's order to be out Thursday, how much money is owed through today, encouragement and instructions on how to pay to avoid being put out by the sheriff - and then all the rest of the stuff that he already got in the previous notice.
Then Tomorrow, I will go back to the clerk & re-apply for the writ, submitting a copy of the 14-day with the application and the certification document [ Today, the judge was looking for a copy of the notice in the file & seemed to suggest it should be submitted with the application, although the clerk had not said anything about it. The clerk (last week) also had no knowledge of any additional notice - I asked.]
Then I will go back to court on 1/28 to try again.
I am certain he will NOT be out Thursday. I swung by after court today, and he has done NOTHING to begin moving, and acted as if he didn't know what he was supposed to do. He's forcing me to experience a Sheriff set-out. It will be my first. Learning, learning - every day!
Y'all have a nice day now.