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§ 8.01-471.Time period for issuing writs of eviction in unlawful entry and detainer; when returnable.

Chapter 18. Executions and Other Means of Recovery · Article 1. Issue and Form; Motion to Quash · Last amended 2023 · Last verified July 16, 2026

In one sentenceA writ of eviction in an unlawful entry and detainer case must issue within one hundred eighty days of the judgment for possession, must be made returnable within thirty days of issuance, and is vacated by law if the sheriff has not executed it within that thirty-day window.

Full Text of § 8.01-471

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Writs of eviction, in case of unlawful entry and detainer, shall be issued within 180 days from the date of judgment for possession and shall be made returnable within 30 days from the date of issuing the writ, and any executed writ shall be returned to the issuing clerk by the sheriff executing such writ. Notwithstanding any other provision of law, a writ of eviction not executed within 30 days from the date of issuance shall be vacated as a matter of law without further order of the court that entered the order of possession, and no further action shall be taken by the clerk. No writ shall issue, however, in cases under the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.) if, following the entry of judgment for possession, the landlord has entered into a new written rental agreement with the tenant, as described in § 55.1-1250. A writ of eviction may be requested by the plaintiff or the plaintiff's attorney or agent.
The Office of the Executive Secretary of the Supreme Court of Virginia shall annually report on or before September 1 to the Chairmen of the House and Senate Committees for Courts of Justice, the Senate Committee on General Laws and Technology, the House Committee on General Laws, and the Virginia Housing Commission on the number of executed writs returned pursuant to this section. The first report shall be made by September 1, 2024, and shall include writs executed between July 1, 2023, and June 30, 2024.

Plain-English Summary

Winning an unlawful entry and detainer case does not give a landlord an open-ended right to evict whenever convenient. Section 8.01-471 puts two clocks on the process: the writ of eviction itself must be requested and issued within one hundred eighty days of the judgment for possession, and once issued, it must be made returnable within thirty days.

The thirty-day deadline has real bite. If the sheriff does not execute the writ within thirty days of issuance, the writ is vacated by operation of law — no court order is needed, and the clerk takes no further action. A landlord who lets a writ lapse must request a new one, so long as the underlying one-hundred-eighty-day window from judgment has not closed. The section also blocks a new writ altogether if the landlord and tenant signed a new written rental agreement after judgment, under the Virginia Residential Landlord and Tenant Act.

A reporting requirement rounds out the section: the Office of the Executive Secretary of the Supreme Court of Virginia must tell the General Assembly’s courts committees and the Virginia Housing Commission, every year by September 1, how many executed writs of eviction were returned under this section, starting with a report covering the year ending June 30, 2024.

Frequently Asked Questions

How long does a landlord have to request a writ of eviction after winning an unlawful entry and detainer judgment?

The writ must be issued within one hundred eighty days from the date of the judgment for possession.

What happens if a sheriff does not execute a writ of eviction within thirty days?

The writ is vacated as a matter of law without any further court order, and the clerk takes no further action on it.

Can a landlord get a new writ after one is vacated?

Yes, as long as the request still falls within the one-hundred-eighty-day period from the date of the judgment for possession.

Does signing a new lease after judgment affect the writ of eviction?

Yes. No writ may issue under the Virginia Residential Landlord and Tenant Act if the landlord entered into a new written rental agreement with the tenant after judgment was entered.

Who can request a writ of eviction?

The plaintiff, or the plaintiff’s attorney or agent, may request the writ.

Amendment History

Code 1950, § 8-403; 1977, c. 617; 1999, c. 683; 2003, c. 427; 2006, c. 667; 2013, c. 63; 2019, cc. 180, 700; 2023, cc. 442, 443.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
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