In all my years as a landlord this is only the second time that we have had to apply for the sheriff to post a writ of eviction. That was a few years ago and I can't figure this out and it is important. Form DC-469 There is a box to check if you are requesting pursuant to the Va Residential Landlord and tenant Act. The landlord has provided the required notice set forth Va Code 55.1-1250.

Its a lot of who shot John but I'm getting that it pertains to receiving payment towards staying in the unit. (taking rent with reservation)???

Chat's answer:Check the box on DC-469 if ALL of these are true:

The tenancy is covered by the Virginia Residential Landlord and Tenant Act (VRLTA)

(With 20 units, probably yes unless there’s some unusual exemption.)

Your unlawful detainer / judgment for possession was based at least in part on nonpayment of rent.

You gave the tenant the 55.1-1250 “acceptance with reservation” notice—either as a separate writing or included in your pay-or-quit/termination notice—telling them that if you accepted money it would not waive your right to continue the eviction.

What that box actually does

By checking it, you’re telling the court/sheriff:

“This eviction is under VRLTA, and landlord gave the required 55.1-1250 notice, so if tenant tries to redeem/pay before the lockout, the sheriff notice should include those rights.”

That’s why the bottom of DC-469 says:

If landlord checked the box… and the only reason for possession was nonpayment… tenant may pay all amounts owed at least 48 hours before eviction to cancel the eviction.

For your specific fact pattern

What matters most is this:

If your 30-day notice was a straight termination of tenancy (not nonpayment)

—for example:

month-to-month termination,

holdover,

lease ended / terminate possession,

…and not a “pay or quit” or rent-default case,

then I would generally NOT check that box.

Reason: 55.1-1250 is specifically about accepting rent with reservation while still proceeding on a nonpayment eviction.

The fact you included back rent in the complaint doesn’t automatically trigger it

Virginia landlords often get:

judgment for possession, plus

money judgment for unpaid rent

…even when possession is based on lease termination.

So asking for rent arrears in the complaint by itself doesn’t mean 55.1-1250 applies.

The key question is:

Why did the judge award possession?

Was possession granted because:

A) tenant failed to pay rent ’ likely YES, check it

or

B) you terminated tenancy with 30-day notice regardless of rent owed ’ likely NO, leave unchecked

The quickest way to decide:

Look at your paperwork from the unlawful detainer:

5-day pay or quit / nonpayment notice? ’ probably check

30-day termination notice to end lease / terminate month-to-month? ’ probably don’t check

Did you accept partial rent after notice and explicitly reserve rights? ’ stronger reason to check

No rent accepted after notice / pure possession based on termination? ’ usually no

One detail I’d want to know:

Did you accept any rent (full or partial) from them after serving the notice or after filing the UD?

No payment has been offered for April or May since 30 day notice was posted on door 03/30. I did not give a 5 day pay or quit notice since giving the 30 day notice because we didn't want to get her hopes up about continuing. Plus I cared enough about her after 12 years to want her to be able to move into a different place. FAT lot of good that did me, so here we are!

I have found out the power may be cut off soon so maybe that will speed things along. Notice went out Friday, it takes about 10 days? Sounds like she has the timing about right.