How do you deal with a Squatter in Virginia?

You need to file an “Unlawful Detainer” with the court.

With unlawful detainers,  they apply to squatters who occupy a property and claim to hold a lease that might or might not be genuine.

Imagine a scenario in which a property owner tries to get rid of a squatter by claiming trespass. Then, when sheriff’s deputies arrive to remove the squatter, the squatter claims to have a lease. At this point, law enforcement will be unable to remove the squatter, and the dispute becomes a matter for a civil court. A new bill, HB 1482, allows for emergency hearings in unlawful detainer actions of this kind that involve residential, single-family units.

According to HB 1482, an emergency hearing is possible if three conditions apply:

• The court finds, based on the evidence, that there is not, nor has there ever been, a rental agreement between the property owner and the defendant.
• The defendant is occupying the unit without the owner’s permission.
• The owner gave the defendant written notice to vacate the unit at least 72 hours before a summons was filed.

If there are grounds for an emergency hearing, this hearing must take place as soon as practicable, within 14 days of filing. If it’s not possible to hear the case within 14 days of filing, it must be heard within 30 days of filing.