Virginia Mobile Home Park Eviction Process: A Step-by-Step Guide

Nonpayment of rent

The Manufactured Home Lot Rental Act does not spell out its own pay-or-quit clock. Under §55.1-1311, the Act borrows the Virginia Residential Landlord and Tenant Act landlord-remedy sections (§§55.1-1234 through 55.1-1252) and applies them to lot tenancies. So your nonpayment notice is governed by §55.1-1245.

Get the day-count right, because it recently changed. As of 2026, §55.1-1245(F) requires a 14-DAY notice, not 5 days: the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the 14-day period. Only after those 14 days pass unpaid may you terminate and proceed to obtain possession in court. A 5-day figure is scheduled to return in a later-effective version (the later of July 1, 2028, or seven years after the COVID-19 emergency expires) — but publishing 5 days today is wrong.

Serve the notice properly and state both the amount owed and your intent to terminate if unpaid. Note the waiver trap built into the VRLTA remedies the Act incorporates: if you accept a rent payment with knowledge of the default without a written reservation, you can waive your right to proceed on that default. Bank the notice, the ledger, and proof of service — you will need them at the unlawful detainer hearing.

Other lease and rule violations

For breaches other than nonpayment, §55.1-1245(A) (again applied through §55.1-1311) sets a 30-day-terminate / 21-day-cure structure. The statute: the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 21 days. In plain terms, give written notice describing the exact acts, give the resident 21 days to fix it, and if it is not fixed the tenancy ends no sooner than 30 days out.

Repeat conduct is treated differently. Section 55.1-1311 allows termination of a lot lease where a tenant remedies a breach and then intentionally commits a subsequent breach of a like nature during the same lease term — meaning a second, same-type violation does not automatically get a fresh 21-day cure.

Watch the outer limit on grounds. Section 55.1-1315 provides that, beyond the incorporated remedies, a landlord may evict a tenant only for violation of the applicable building and housing code caused by a lack of reasonable care by the tenant, a member of the tenant's household, or a guest or invitee. Lot evictions are not a general-purpose tool; tie every action to a specific statutory ground and a specific lease or rule provision.

Filing the eviction: unlawful detainer in General District Court

Virginia is a court-process state and forbids self-help. You cannot change locks, shut off utilities, or tow or move the resident's home; §55.1-1245(F) requires you to proceed to obtain possession through the courts. Once the notice period (14 days for nonpayment, or the 30/21-day cure period for other breaches) has run without cure, file a Summons for Unlawful Detainer under Va. Code §8.01-126 (form DC-421) in the General District Court for the county or city where the park is located.

At the return date, bring your written notice, proof of service, the signed lot lease, the fee-disclosure statement, and the rent ledger. If the court enters judgment for possession, a Writ of Eviction issues (generally after the 10-day appeal window) and is executed by the sheriff, who typically gives the occupant 72 hours to vacate the lot. These procedural mechanics come from Title 8.01, the general Virginia unlawful-detainer statutes, not from Chapter 13.

Key distinction for a park: the judgment gives you possession of the LOT. It does not give you the home, which the resident owns. That is where §55.1-1316 takes over.

What happens to the home the resident owns

Because the resident owns the structure, winning possession of the lot does not let you keep, sell, or dispose of the home. Section 55.1-1316(A) is explicit: a tenant who has been evicted from a manufactured home park shall have 90 days after judgment has been entered in which to sell the manufactured home or remove the manufactured home from the manufactured home park.

That 90-day window is not rent-free. The resident must keep paying lot rent to hold the home on-site, and §55.1-1316(A) gives you protection: the manufactured home park owner shall have a lien on the manufactured home to the extent that such rental payments are not made. As an alternative under §55.1-1316(B), within the same 90 days the resident may rent the home to a subtenant, but only if that subtenant applies to you and is approved.

Practically, a large share of park operators resolve this with cash-for-keys — a negotiated payment for the resident to sign over or promptly remove the home and vacate. It is a common market practice, not a statutory requirement, and it can be far cheaper than carrying an unpaid lot for 90 days, absorbing an abandoned structure, and fighting over the lien. Paper any cash-for-keys deal as a signed agreement with a firm move-out date and clear title transfer.

Typical timeline in Virginia

• Day 0 — Default
  Rent unpaid when due, or a lease/rule violation occurs.
• Nonpayment notice — 14 days
  Serve written notice of nonpayment and intent to terminate; §55.1-1245(F) currently requires a 14-day period (not 5) before you may terminate and seek possession.
• Other-breach notice — 30 days / 21-day cure
  For a material breach, §55.1-1245(A) requires notice that the tenancy ends no sooner than 30 days out, with a 21-day right to cure.
• File the unlawful detainer
  After the notice lapses without cure or payment, file a Summons for Unlawful Detainer (§8.01-126) in the General District Court where the park sits.
• Judgment for possession
  At the return date the court can enter judgment for possession of the lot; a Writ of Eviction generally issues after the 10-day appeal window.
• Sheriff executes the writ
  Only the sheriff may evict; the occupant is typically given 72 hours to vacate the lot (Title 8.01 procedure).
• 90 days for the home
  Under §55.1-1316, the resident has 90 days after judgment to sell or remove the home (or rent to an approved subtenant), with lot rent still due and a landlord lien for unpaid rent.
• Change of use — 180 days
  To close or convert the park, §55.1-1308(B) requires a separate 180-day certified-mail notice to every tenant and the locality.

Operator best practices in Virginia

• Build a relationship with a Virginia MHP attorney
  The Act cross-references the VRLTA (§55.1-1311) and Title 8.01, the nonpayment clock recently shifted between 14 and 5 days, and change-of-use rules are unforgiving. Keep local counsel who handles lot tenancies on retainer.
• Use the correct current day-counts
  Serve 14 days for nonpayment (§55.1-1245(F)) and 30-day/21-day-cure for other breaches (§55.1-1245(A)). Do not rely on stale 5-day guidance until that version is actually in force.
• Never use self-help
  No lockouts, utility shutoffs, or moving/towing the resident's home. Possession comes only through an unlawful detainer judgment and a sheriff-executed writ.
• Respect the 90-day home window
  After a possession judgment, the resident keeps 90 days to sell or remove the home under §55.1-1316; track lot rent and perfect your lien for any unpaid amounts.
• Plan change-of-use far ahead
  Section 55.1-1308(B) demands 180 days' certified-mail notice; a developer sale that changes use triggers $5,000-per-home relocation payments (§55.1-1308.1) and resident/locality purchase rights.
• Offer compliant lease terms
  Section 55.1-1302 requires offering year-round residents at least a one-year term with auto-renewal and 60-day notice to change terms or decline renewal; get the fee-disclosure statement right at signing.
• Consider cash-for-keys
  A negotiated buyout for prompt, papered surrender of the home is standard market practice and often cheaper than carrying an unpaid lot through the full 90-day removal window.