How are evictions handled under commercial real estate law?

In Virginia, evictions under commercial real estate law are handled using a court process called ‘unlawful detainer’ or ‘forcible entry and detainer’. This is a legal action filed in court by a landlord when a tenant has failed to meet the obligations of the lease, or has not paid rent. During this process, the court will hear the landlord’s case and, if the court finds in the landlord’s favor, it will issue an Order of Possession. The landlord can then hire a constable or sheriff to execute the Order of Possession by serving a notice to the tenant informing them that they must vacate the property. The tenant has five days to do so. If the tenant does not vacate within that time frame, the constable or sheriff can use force to remove the tenant from the property. The tenant may also be instructed to pay any unpaid rent during the eviction process. Once the tenant has vacated, the landlord may reclaim possession of the property by changing the locks, or by maintaining a physical presence on the property. The landlord is not obligated to store the tenant’s property and may dispose of it when the tenant has vacated The eviction process under commercial real estate law in Virginia can be complicated, so it is important for landlords and tenants to understand their rights and responsibilities before entering into any lease agreement.

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