What is the procedure for evicting a section 8 tenant for non payment of rent in Virginia?

Do I send a 5 day pay or quit, or is it a 10 day pay or quit, or a 14 day pay or quit?

A non subsidized tenant is a 5 day pay or quit.

A asked a lawyer who does evictions and he was not sure on the process for a section 8 tenant.

Thanks

Crucially, for standard Section 8 (Housing Choice Voucher) tenants, the landlord must issue the Virginia state-required notice, which is the 5-Day Pay or Quit notice, but you must also notify the PHA.

The Correct Notice to Use

5-Day Notice to Pay or Quit: For most Section 8 tenants (the Housing Choice Voucher Program), you should use the standard Virginia 5-Day Pay or Quit notice, but it must only list the tenant's unpaid portion of the rent and fees. You cannot include the Housing Authority's portion.

Important Exception: Public Housing

If the tenant is in Public Housing (not a voucher used in a private market unit), HUD guidance (specifically PIH Notice 2021-29) mandates a 30-day non-payment notice to the tenant.

Because the specific type of Section 8 (HCV vs. Public Housing) changes the notice period, you should refer to your lease documents or contact the Public Housing Agency (PHA) for confirmation.

2. The Full Eviction Procedure for a Section 8 Tenant

The overall eviction process in Virginia must follow the standard Unlawful Detainer court process, but with two mandatory additional steps for Section 8 tenants:

Step 1: Issue the Non-Payment Notice to the Tenant

Deliver the written notice (likely the 5-Day Pay or Quit) demanding the tenant's portion of the rent, late fees, and other charges.

This notice must be served according to Virginia law (e.g., certified mail, hand delivery with proof, or service by the Sheriff).

Step 2: Notify the Public Housing Agency (PHA)

You must inform the PHA (the local housing authority that administers the Section 8 program) that the tenant is delinquent on rent.

The terms of your Housing Assistance Payments (HAP) Contract with the PHA will dictate when and how you must notify them. Failing to inform the PHA is a common reason for an eviction to be challenged or denied.

Step 3: Wait for the Notice Period to Expire

If the tenant pays the full amount of their owed portion (plus any late fees and charges specified in the notice) within the 5-day period, the tenancy continues, and the eviction process stops.

Step 4: File the Unlawful Detainer

If the tenant fails to pay and does not move out, you may file the Summons for Unlawful Detainer with the General District Court clerk after the notice period has expired.

The court will issue the summons, which must be served on the tenant at least 10 days before the court return date.

Step 5: Attend the Court Hearing

Both the landlord (or their attorney) and the tenant appear in court.

The judge will determine if the landlord followed all state and federal procedures (including proper notice to the tenant and the PHA).

If the landlord is granted a Judgment for Possession, the tenant has an appeal period (usually 10 days).

Step 6: File for a Writ of Possession

If the tenant does not appeal or move out, the landlord must request a Writ of Possession from the court clerk.

Can the notice be sent first class mail?

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Post on door, snap Pic with your phone. Mail with proof of mailing form #3817(I think that's the form number) $2 --172.59.xxx.xx

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Is this Proof of Mailing Form 3817 a Federal mail form, or is this something local to your state?

I have had the hardest time with my post office with sending proveable notices for things like late rent and on. I have found Certified Mail is useless because the tenant, knowing something is afoot refuses to sign, and then the mail gets returned back and they say they never got a notice rent was unpaid.

I have tried a Certificate of Mailing, though they always tell me at the post office that isn't enough and "its not going to work". Often they aren't very helpful, and just like to tell you 'no'.....and that's a fact.

The S8 peep I evicted in the hood was also for non payment. I did not notify the housing authority cause I knew they would STOP PAYMENT. The peep skipped the court appearance. Got a default judgement. She moved to another S8 house. Owed me nothing but a few months of her payment since HUD paid the entire time.

CHEAPEST eviction I've experienced.