Understanding the Law

Trespassing Laws

§ 18.2-119. Trespass after having been forbidden to do so; penalties.

If any person without authority of law goes upon or remains upon the lands, buildings or premises of another, or any portion or area thereof, after having been forbidden to do so, either orally or in writing, by the owner, lessee, custodian, or the agent of any such person, or other person lawfully in charge thereof, or after having been forbidden to do so by a sign or signs posted by or at the direction of such persons or the agent of any such person or by the holder of any easement or other right-of-way authorized by the instrument creating such interest to post such signs on such lands, structures, premises or portion or area thereof at a place or places where it or they may be reasonably seen, or if any person, whether he is the owner, tenant or otherwise entitled to the use of such land, building or premises, goes upon, or remains upon such land, building or premises after having been prohibited from doing so by a court of competent jurisdiction by an order issued pursuant to §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-278.2 through 16.1-278.6, 16.1-278.8, 16.1-278.14, 16.1-278.15, 16.1-279.1, 19.2-152.8, 19.2-152.9 or § 19.2-152.10 or an ex parte order issued pursuant to § 20-103, and after having been served with such order, he shall be guilty of a Class 1 misdemeanor. This section shall not be construed to affect in any way the provisions of §§ 18.2-132 through 18.2-136.

Trespassing After Having Been Forbidden

  • Entering or staying on another's land without permission or after being told to leave

  • Entering property posted with no trespassing or similar signs without permission 

  • Entering property in violation of a protective order

Trespass Notices

  • Any citizen can complete a Trespass Notice against another, without cause. 

  • A Trespass Notice can be obtained from the Sheriff’s Office or by clicking here and served on another or a Trespass Notice can be completed by the citizen and mailed First Class to a citizen. 

  • All Trespass Notice need to be copied and submitted to the Sheriff’s Office for verification

Solicitation

Definition of Solicitor: 

  • A person who goes from door to door visiting multifamily or single-family dwellings for the following purposes:

  • To sell any goods, wares, merchandise or services or accept subscriptions or orders thereof

  • To accept or request donations for any charitable purpose

How to Obtain Solicitors Permit:

  • To obtain an application to register for a solicitors permit, please visit the Shenandoah County Sheriff’s Office or click here

  • Applicants must submit 2 forms of identification (one must have a photograph) and a certified copy of their criminal history along with a completed Solicitors Permit Form to the Sheriff’s Office.   

  • The Sheriff’s Office will then conduct any necessary background checks and recommend approval/disapproval of permit. 

  • A $15 non-returnable processing fee and if a approved, a $10 permit fee will be collected. 

  • Once approved and the permit is obtained, the permit needs to be in plain view at all times while engaged in soliciting and shall make it available for inspection by any person while engaged in soliciting

Soliciting Ordinance:

No person shall:

  • Enter into or upon a residential premises in the county under false pretenses to solicit or for the purpose of soliciting orders for the sale of gods, wares, merchandise or services

  • Remain in or on any residential premises after the owner or occupant has requested any such person to leave

  • Enter upon any residential premises for soliciting when the owner or occupant has displayed a “No Soliciting” sign on such premises. 

  • Engage in the practice of soliciting in the county without a permit 

  • Knowingly give false information or withhold correct information in obtaining a permit


Violation of this Ordinance:

  • Any violation of the provisions of this ordinance shall constitute a Class 1 misdemeanor. 

  • Each day that the violation continues to exist shall constitute a separate offense

Eviction Information

STEPS OF THE EVICTION PROCESS:

STEP 1- NOTICE TO TENANT TO START EVICTION PROCESS

  • The landlord must give written notice to the tenant of the violation of the lease. A 5-day notice is for failing to pay rent; a 30-day notice is required for all other reasons for eviction. 

  • This notice can be served by the landlord in person or by posting or the landlord can have the Sheriff’s Office serve it ($12 per person service fee). 

  • You must take a copy of the served notice to the General District Court during the eviction hearing.

STEP 2- SUMMONS FOR UNLAWFUL DETAINER

  • After the 5-day period of notice (or 30-day notice) has expired and the landlord has not received satisfaction, the landlord may obtain a Summons for Unlawful Detainer from the General District Court (take your copy of the eviction notice with you to court).

  • The court will then issue a summons and set a court date for you and the defendant (s) to appear in court.

  • This Summons for Unlawful Detainer is an action taken before judgment by the court, and the summons directs the defendant (tenants) to appear for a hearing.

  • The Summons for Unlawful Detainer is the legal process to cover any situation in which the possession of the house, land, or tenement is unlawfully detained by the person (s) in the possession thereof. Va. Code 8.01-124; 8.01-126; and 8.01-296

STEP 3- WRIT OF EVICTION IN UNLAWFUL DETAINER

  • When judgment has been awarded in favor of the landlord under a Summons for Unlawful Detainer procedure, the landlord my then obtain a Writ of Eviction in Unlawful Detainer from the court. 

  • After the court has given you possession, you must go to the Clerk for a Writ of Eviction

  • This writ is the authority of the Deputy Sheriff to remove the tenant (and personal belongings) from the premises and restore possession of the premises to the landlord. Va. Code 8.01-470