How to Remove a Squatter in Virginia: The Legal Process for Owners

In Virginia, once someone has actually settled into your property, the fastest-sounding option, calling the police to drag them out, usually will not work. Police generally treat a settled occupant as a civil matter, which means an owner typically has to file an unlawful detainer action in the General District Court for the city or county where the property sits. The good news for owners is that Virginia's adverse possession period is long, 15 years of continuous, open, hostile possession (see Va. Code § 8.01-236), so a recent squatter is nowhere near owning your property. The hard news is that you must use the courts, not muscle, to get them out. This is general information, not legal advice; landlord-tenant and eviction rules change and can vary by locality, so confirm the current Virginia rules or talk to a Virginia attorney.

Trespasser vs. Squatter: Why the Distinction Decides Everything

The label matters because it controls who removes the person.

• Trespasser (often a police matter): Someone who just entered and has not established occupancy, no belongings moved in, no mail, no claim of a right to be there. If you catch an intruder breaking in or camping briefly, police may treat it as criminal trespass and remove them.
• Squatter / holdover occupant (a civil matter): Someone who has moved in, has possessions there, has perhaps received mail, or claims some right to stay (a fake lease, a verbal arrangement, an expired tenancy). At that point Virginia treats it as a possession dispute the courts must resolve.

The line is blurry, and that is exactly why responding officers often decline to act. When the occupant says "I live here" and points to belongings, the officer cannot referee a property-rights dispute on the doorstep and will tell you to go to court.

Why Police Often Won't Remove a Settled Occupant

Virginia law protects people in possession of a dwelling from being thrown out without due process. Owners are barred from self-help eviction, meaning you cannot change the locks, shut off utilities, remove doors, or haul out the occupant's belongings to force them out, even if they never had permission. The Virginia Residential Landlord and Tenant Act (recodified in Title 55.1 of the Code of Virginia) makes unlawful exclusion and utility shutoffs grounds for the occupant to sue you. Because an owner who uses force could end up liable, police generally stay out of it and route you to the General District Court.

The Correct Legal Process in Virginia

The standard route for removing a squatter or holdover occupant looks like this:

• Give written notice. Depending on the situation, you may need to serve a written notice to vacate before filing. Where the Landlord-Tenant Act applies, a notice period (commonly 30 days for many month-to-month or terminated arrangements) is typical, but the right notice depends on the facts, so verify the current requirement.
• File an unlawful detainer. File the case in the General District Court for the city or county where the property is located. This is the standard Virginia action to recover possession from someone holding over or occupying without right.
• Serve and attend the hearing. The occupant is served, and the court sets a return date. If you prove your right to possession, the court enters judgment for possession.
• Get a writ of eviction. After judgment and the appeal period, you request a writ of eviction (writ of possession). Only the sheriff may carry it out, scheduling and performing the actual removal. You never do it yourself.

For cases involving someone who occupied with no lease at all, Virginia has also created procedures aimed at unauthorized occupants. Because these provisions have been added and amended in recent years, confirm the current section that fits your situation rather than relying on an old form.

Adverse Possession: Context for Worried Owners

Owners sometimes panic that a squatter will "own" the home if left too long. In Virginia, adverse possession requires 15 years of possession that is actual, open and notorious, exclusive, continuous, and hostile (under a claim of right), per Va. Code § 8.01-236. A few weeks or months of squatting does not come close. Still, do not ignore the problem, the clock only stops when you take legal action, and delay makes removal messier.

When to Get a Lawyer or Legal Aid

Many unlawful detainer cases are handled without a lawyer, but consider professional help if the occupant claims a lease, asserts a habitability or retaliation defense, files a counterclaim, or if the property is commercial. A Virginia landlord-tenant attorney can make sure your notice and filing are correct so the case is not dismissed on a technicality. Tenants and lower-income occupants may qualify for Virginia legal aid; owners generally use private counsel. Because rules differ by city and county and change over time, confirm the current Virginia procedure before you file.