Tenant’s Petition for Relief from Unlawful Exclusion (Form # DC-431) – Virginia Cour

The Tenant’s Petition for Relief from Unlawful Exclusion (Form DC-431) is a legal document used in the Commonwealth of Virginia, governed by VA. CODE § 55.1-1243.1. This form is filed by a tenant (plaintiff) who believes they have been unlawfully excluded from their rental dwelling by their landlord (defendant). The petition allows the tenant to request the court for relief and potentially recover possession of the dwelling.

The form DC-431 is essential for tenants seeking judicial intervention in cases of unlawful exclusion by their landlords, providing a structured process for legal relief and restoration of their rental rights.

Filling out this form requires careful attention to detail. This guide will help you complete the form correctly.

Step-by-Step Instructions

Court Information

1. • General District Court: Enter the name of the city or county where the court is located.
   • Street Address of Court: Provide the full address of the court.

Plaintiff and Defendant Information

1. • Plaintiff(s) (Tenant): Enter your last name, first name, and middle initial. Include all plaintiffs if there are multiple tenants.
   • Defendant(s) (Landlord): Enter the last name, first name, and middle initial of the landlord or the landlord’s representative. Include all defendants if there are multiple landlords.

Rental Agreement Details

1. • Date Rental Agreement Entered Into: Provide the date you signed the rental agreement.
   • Date Rental Period Began: Enter the start date of your rental period.
   • Date Rental Period Ends: Enter the end date of your rental period.
   • Address/Location of Dwelling Unit: Provide the complete address of the rental property.

Claims Against the Landlord

1. • Select the appropriate boxes that apply to your situation:
     • Removed or excluded you from the dwelling unit unlawfully.
     • Interrupted or caused the interruption of an essential service.
     • Took action to make the premises unsafe.
   • Specify the actions: Provide detailed information about the landlord’s actions that led to your claim.

Relief Requested

1. • Select the appropriate boxes to indicate the relief you are requesting from the court:
     • Allowing you to recover possession of the dwelling unit.
     • Requiring the landlord to resume any interrupted essential service.
     • Fixing any willful actions taken by the landlord to make the premises unsafe.
     • Terminating the rental agreement at your request.
     • Recovering actual damages and/or statutory damages.
     • Recovering reasonable attorney fees.

Date Issued and Signature

1. • Date Issued: Leave this blank for the court to fill in.
   • Signature: Sign and date the form. If you have an attorney, they should sign as well.

Service of Process

1. • This section will be filled out by the authorized officer who serves the summons to the defendant(s).

Objection to Venue (if applicable)

1. • Follow the instructions provided in this section if you believe the case should be heard in a different court.

Additional Information

• Certification: Ensure that the certification at the end of the form is filled out if you are mailing a copy to the defendants. This should be completed by you, your attorney, or your agent.
• Disability Accommodations: If you require accommodations for hearing, vision, mobility, etc., contact the court ahead of time.

Tips

• Double-check all information for accuracy before submitting the form.
• Keep a copy of the completed form for your records.
• If you have any questions or need assistance, consider consulting with a legal professional.

By following these steps, you can accurately complete the Tenant’s Petition for Relief from Unlawful Exclusion and ensure your case is properly presented to the court.