Testifying in court against the landlord. The tenant does not have the option to fix the issue to avoid eviction. The last thing you want is to go to court only to find out you did the first process incorrect. Tenants and Landlords - For information about Rent Relief call 1-833-RENT-RELIEF or email rrpsupport@egov.com Since the publication of a New York Times article in 2018, the community has been compelled to face the eviction crisis head-on (Badger & Bui, 2018). All seven are more fair, favorable and friendly to tenants. Willfully causing damage to the dwelling unit. The notice period depends on the reason for eviction. The purpose of this pilot program is to create a local/regional coordinated systems approach to effectively prevent evictions. The tenant does not have the opportunity to fix the violation and must move out. Evicting a tenant for retaliatory reasons or in response to a tenant who is exercising a legally protected right. Looking to grow your portfolio and make more money? Something went wrong while submitting the form. For additional questions about the eviction process in Virginia, please refer to the official state legislation, VA Code 55.1-1200 through 55.1-1262, 8.01-124 through 8.01-130, 8.01-293, 8.01-296, 8.01-470, and 8.01-471, for more information. If the violation is curable the landlord can give a 30days notice Human resources. Terms & Privacy | Legal Disclaimer | Sitemap | Contact Us. This will give the tenant only 5 days to either pay the due rent or move out. Press 4 once your call goes through. Multi-family housing means you share heating, hot water, entry and exit, or some other service with another unit in the same building. The writ of eviction is the tenants final notice to leave. Download files in CSV format for every city we track. There are also certain procedures a landlord must comply with when evicting a tenant. In Virginia, any of the below is illegal. Sample Termination Notice for Nonpayment of Rent (Updated July 1, 2022)| Spanish/Espaol Version, Sample Termination Noticefor Other Than Nonpayment of Rent (Updated July 1, 2022)| Spanish/ Espaol Version, Best Practices for Residential Executory Real Estate Contracts, Statement of Tenant Rights and Responsibilities under the Virginia Residential Landlord and Tenant Act as of July 1, 2022, Statement of Tenant Rights and Responsibilities under the Virginia Manufactured Home Lot Rental Act as of July 1, 2022, 600 East Main Street, Suite 300 To do so, they must first terminate the tenancy by giving proper notice to move out (30 days for tenants that pay month-to-month). Our Funders Esta aplicacin no sustituye su derecho de obtener una traduccinprofesional provista por la Ciudad de Richmond como parte del Plan de Acceso aLenguaje. Only the proper law enforcement officials, such as the sheriff, can evict the tenant from the property forcibly. Contact us for more information about our services in Richmondand Northern Virginia. All Rights Reserved. Generally speaking, the Virginia Residential Landlord Tenant Act, or VRLTA, applies to apartment complexes, regardless of the number of apartments; single-family houses, if the landlord rents out more than two of them; and hotels, motels, or boarding houses if the tenant has been renting for more than 90 days or has a written lease for more than 90 days. A landlord has to provide a strong argument backed up by solid evidence against their tenant in order to win. If they dont, the sheriff or constable may return and forcibly remove them from the property. Five of the top 10 cities with the highest eviction rates in the country are in Virginia. VA Dept of Transportation. Dealing with a problematic tenant is one of the most challenging aspects of being a landlord. That order generally stopped the eviction process in its tracks, said Wegbreit. This notice is used for failure to pay rent. 500694. The Greater Richmond Continuum of Care is the Richmond regions broad group of stakeholders and service providers whose mission is to end homelessness. This eviction notice allows the tenant 30 calendar days to move out. The sheriff may also post the writ on the property if the tenant cant be found. The city of Richmond has also allocated $14 . Once tenants receive the Writ, they must vacate the property within 72 hours. However, should a landlord fail to request for a Writ of Eviction by the end of 180 days after winning the case, they have to start the eviction process from the beginning. Also, it can take much more time if the tenant chooses to have a jury trial. If youre a landlord and dont want to go through a stressful eviction process or you need help managing your rentals, its best to work with a professional property manager to handle the procedure for you. As a young student, that recognition helped me realize that I had what it was going to take to pursue art as a career. This eviction notice gives the tenant 21 calendar days to fix the issue or move out. Virginia Poverty Law Center919 East Main Street, Suite 610Richmond, VA 23219P: (804) 782-9430F: (804) 649-0974. [11]. Click Here. An eviction lawsuit can be filed after the notice expires and the tenants refuses to move out. The Writ of Eviction is a court order which informs the tenant that they must move out of their housing on the property or else they will be forcibly evicted. Mailing the notice to the tenant via first class mail. You have to stay informed of the legal Virginia eviction process, as well as Virginia landlord-tenant law, If youre a landlord and dont want to go through a stressful eviction process or you need help managing your rentals, its best to work with a, Reasons to Invest in Richmond Real Estate, Top Tips When Buying Investment Property in Richmond, Breaking a Lease in Richmond, Virginia Know the Laws, A Guide to the Eviction Process in Richmond, Virginia. Thank you! VaLegalAid.org is provided as a public service and your feedback will help us to improve this site. The following are some defenses your tenant may choose to present before the court. You have to stay informed of the legal Virginia eviction process, as well as Virginia landlord-tenant law, security deposit laws, rent increase policies, lease-breaking laws, and more. Can you kick someone out of your house in Virginia? This can even take longer if the tenant requests a jury trial. If they choose to ignore the notice, you, as the landlord, can continue with the eviction. Examples of incurable violations include: A landlord can also evict a tenant who engages in illegal activities. By clicking on "I agree", you agree to this use. There is no right to a legal grace period (i.e., five days); however, weekends and legal holidays are excluded. This notice gives the tenant 5 calendar days to pay the entire remaining balance or vacate the premises. A tenant in Virginia can sue the landlord for actual damages and attorneys' fees as a consequence of forceful evictions. The Summons and Complaint must be served at least 10 days before an eviction hearing is scheduled. Main Street Station Mental Health (Adult) and Other Civil Forms. It may be issued as soon as 10 days 1The sheriff within such territorial bounds as described in 8.01-295; 2. We collect limited information about web visitors and use cookies on our website to provide you with the most optimal experience. The amount of notice to serve depends on the tenancy type. This document contains information on the Fair Housing Law. For more detailed information on the rights and responsibilities, please refer to the Virginia Residential Landlord and Tenant handbook. Petition for Review of Mandatory Outpatient Treatment. For tenants that dont pay monthly, the amount of notice differs: In Virgina, if a tenant commits a minor violation of the terms of their lease or legal responsibilities as a tenant, the landlord can serve them a 30-Day Notice to Cure or Vacate. A sheriff or a professional process server must serve the tenant at least 10 days prior to the hearing. The writ of eviction can be issued 10 days after the date the court rules in the landlords favor; but it must be requested within 180 days at the very latest. Your submission has been received! Before signing a lease, prospective tenants should read and understand the terms of the contract. If youd like to learn about the legal eviction process in Virginia, keep on reading! [4] notice to move out. A landlord can evict a tenant who violates or fail to uphold their responsibilities under the lease agreement. 2000 West Club Lane Richmond, VA 23226. Its about time the internet had a single place with all of the most up-to-date information from leading experts in property management, investing and real estate law. For information about financial rent assistance and guidance on asking your landlord for a payment plan, click here. More detail on eviction protections in Virginia can be found on the COVID-19 Housing Policy Scorecard. David is the co-founder & CMO of DoorLoop, a best-selling author, legal CLE speaker, and real estate investor. A tenant can only be legally removed with a court order obtained through the formal eviction process. Richmond, VA 23219. This written notice informs the renter that they must move out of the property or pay the rent due in 5 days to avoid eviction. This program requires the landlords participation. In Virginia, tenant advocates and attorneys who aid families facing eviction said the 60-day federal order, lasting through Oct. 3, would buy time for tenants to secure rental relief through a . VERP 2023Program Guidelines If your landlord illegally locks you out or cuts off your utilities without a court order, there are steps you can take to get back into your home. If tenants request a jury trial, the process can take even longer. The tenant eviction process in Virginia takes anywhere between 2 to 4 months depending on the type of eviction a landlord chooses to file. Keeping the dwelling unit free from insects and pests and notifying the landlord promptly of any signs of pests. A landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to 55.1-1253or55.1-1410 after he has knowledge that (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety, (ii) the tenant has made a complaint to or filed an action against the landlord for a violation of any provision of this chapter, (iii) the tenant has organized or become a member of a tenants organization, or (iv) the tenant has testified in a court proceeding against the landlord. Dealing with a problematic tenant is one of the most challenging aspects of being a landlord. 2001 - 2023, Pro Bono Net, All Rights Reserved. The current Virginia law requires that all landlords must provide tenants with a 14-day notice when tenants have failed to pay rent. Writ of eviction is issued. Keep in mind, the step-by-step wizard will ask you to pay a small fee at the end - it's a small price to pay to ensure legal compliance and protection. Examples of curable lease violations include rental damage, correctable health/safety violations, and keeping an unauthorized pet. How Long Does an Eviction Take? Should the tenant fail to show up to the hearing, there is a chance that the judge rules in favor of the landlord immediately. In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration of the defendants 10-day appeal period. This line is for any person or family looking for help with a domestic violence situation in their household. Violent acts that affect the health or safety of others. Zip code breakdown of renter race/ethnicity determined using American Community Survey (ACS) estimates for 20152019. Richmonds Eviction Diversion Program, administered and ran by H.O.M.E. We not only understand the Virginia landlord-tenant laws but can also help manage your Richmond rental property reliably and professionally. 10-B West Queens Way Hampton, VA 23669 . For any questions or concerns around Air X, please reach out to us at 804-726-1542. But this doesnt always happen! Eviction for Violation of Lease or Responsibilities, Step 2: Landlord Files Complaint with Court, Step 3: Court Holds Hearing & Issues Judgment, Step 5: Possession of Property is Returned. The VRLTA applies to most residential rental properties in Virginia. Please verify your email and confirm your account, DoorLoop's Complete Guide to Virginia's Landlord-Tenant Laws, National Apartment Association: COVID-19 Information for Virginia, NOLO: The Eviction Process in Virginia: Rules for Landlords and Property Managers, NOLO: Virginia Security Deposit Limits and Deadlines, Material health/safety violations (correctable), Too many people are living inside the rental unit. B. For your own Virginia lease agreement, visit DoorLoop's Forms Page to download a template along with many other forms. Examples of curable rental agreement or lease violations include : Letting the garbage pile up inside the property, Failure to maintain a certain level of cleanliness, Making any unapproved alterations to the rental premises, The sheriff or constable must deliver the. During the court hearing, the landlord has to support their claim with evidence and show it to the judge. You cannot, however, use their, Filing a Complaint in the Appropriate Circuit or District Court, Giving a copy of the summons and complaint to the tenant in person, Leaving a copy with a member of the household whos at least 16 years old, Posting a copy at a conspicuous area at the rental unit AND mailing a copy to the tenant, By publication, if an order is made by a court, If the tenant fails to show up for the hearing, the court may issue a, You tried to remove the tenant from the property without a court order, You failed to follow the Virginia law during the eviction process, You continued to pursue the eviction even when the tenant remedied the violation, The Virginia eviction was discriminatory based on sex, race, color, religion, disability, nationality, or familial status. -Fri., 9:00 a.m. The statute also gives the tenant the right to stay. It is illegal for a landlord to do a self-help eviction even if they have won the case. If you are facing a housing crisis, and need to access the homeless services provided by the Greater Richmond Continuum of Care partners, you must be referred through the Coordinated Entry System, which is operated through the following access points: The Homeless Crisis Line, which is administered and operated by the Greater Richmond Continuum of Care, facilitates access to resources and shelter alternatives for those who are three days or less away from losing their housing. In Virginia, a landlord can evict a tenant for not paying rent on time. Ideally, a landlord should screen a tenant extensively to ensure that only those who are highly qualified are accepted to stay in their properties. If service cannot be effected then by order of publication in appropriate cases. The eviction hearing must be set within 21 to 30 days after filing the summons and complaint with the regular district court. A summary of these right and responsibilities can be found by clicking on the Statement of Tenant Rights and Responsibilities link. The timeframe for evicting a tenant varies per state. If the rent is paid on a monthly basis, then you must serve them a 30-Day Notice to Quit. 3. remedies and responsibilities of landlords and renters concerning the rental process. If you toggle below you can see these numbers as eviction filing ratesthe number of eviction filings divided by the number of renter households in the areaor compared to the typical number of filings in the average year.1 2. Virginia has nine legal aid programs. Examples of incurable violations include: If the tenant remains on the property after the notice period, the landlord can begin the eviction process. [12] after the date the judgment was entered in favor of the landlord; but if the writ of eviction is not requested within 180 days, Full-Time (Salaried) Closing at: Mar 29 2023 at 23:55 EDT. If tenants who are being evicted for failing to pay rent on time manage to pay all rental payments in full to the landlord before the five-day notice period is up, the entire eviction process stops, and they can continue staying within the rental premises. Below are the parts of the Virginia eviction process outside the control of landlords for cases that go uncontested. The sheriff may also post the writ . Click here to review the Tenant Rights to Avoid Eviction One Pager- as of 8/10/21. [9]professional process server, or anyone over the age of 18 not part of the case, at least 10 days You cannot, however, use their security deposit as collateral for any damage without notifying them. Renter must have a good rent payment record by: Not having an unlawful detainer dismissed by paying to redeem the lease pursuant to VA Code 55.1-1250 within the last 6 months. Its currently home to over 8.6 million people, which means that it offers a lot of opportunities for rental property owners. Consulting a lawyer or the landlord for clarification of the rental agreement is advisable. Landlords are not required The summons and its corresponding documents have to be served through one of the following methods: A tenant is not required to file a written answer or appearance to the court. The following pdf provides the seven new laws in more detail. The state of Virginia allows a professional process server, a sheriff, or individuals who are at least 18 years old and uninvolved in the case to serve the document. . In order to access emergency shelter support and services, you must be referred to a shelter through either the Homeless Crisis Line (804-972-0813), the Domestic Violence Crisis Line (804-612-6126), or through a referral from a Coordinated Outreach team member. The eviction process in the state of Virginia is also known as an Unlawful Detainer. Richmond, Virginia, United States. by Throughout this handout we will tell you what general rights you have as a tenant and specify if there are any differences depending on whether you are covered by the VRLTA. In Virginia, illegal activity includes illegal drug activity, criminal activity, and violent acts that affect the safety or health of other residents. If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. This pdf presentation will provide an overview of the basics of Virginia Landlord-Tenant law. Understanding laws and policies that other states and localities have enacted to reduce eviction serves to inform community leaders . Recognizing the benefits of eviction reduction efforts, the General Assembly passed, and the Governor signed a budget during the 2020 Special Session, allocating $3.3 million to implement the Virginia Eviction Reduction Pilot (VERP). Are you spending too much time on accounting, maintenance, and rent collection? Princeton University, Eviction filing data for Virginia were collected by. 10 days. The process can take around two to four months, depending on the reason for the eviction. Disclaimer: This content isnt a substitute for professional legal advice from a qualified attorney. 89) Inaugural recipient of the Mallory Callan Memorial Scholarship. Joining a tenants union or organization. Outreach workers build trust and work with the homeless individuals to provide them case management, connections to mainstream services, and connections to homeless services in the Richmond region. You can either download the free PDF or Word template, or create your Virginia eviction notice from here using a step-by-step wizard that guides you through the entire process to make sure you are submitting the legally correct notice. Virginia landlords may only evict a tenant for any of the following reasons for it to be considered legal in the state of Virginia: If a tenant fails to pay rent in a timely manner, a landlord can evict them. Homeless service organizations that provide emergency shelter programs, rapid re-housing services, permanent supportive housing services, pandemic response programs, and services for individuals who are currently homeless/houseless or for individuals facing a housing crisis operate within the Greater Richmond Continuum of Cares network. This eviction notice gives the tenant 30 calendar days to move out without the option to fix the issue. For tenancies in a written rental agreement, the written agreement will be the point of reference regarding grace periods, due dates, and late fees (if any). Abiding by all reasonable rules and regulations imposed by the landlord. A constable or a sheriff must deliver it to the tenant anywhere between 15 to 30 days after its issued. In Virginia in 2016, the eviction rate was 5.1% compared to 2.8% for the U.S. Richmond had the second highest eviction rate among large cities in the United States in 2016, with an eviction rate of 11.4%, while Hampton, Newport News and Chesapeake ranked 3 rd, 4 th and 10 th, respectively with eviction rates of 10.5%, 10.2% and 7.9%, respectively. Copy of the deed and the lease/rental agreement, Photo and video documentation of the violations committed by the tenant. For a tenant with no lease or a month-to-month lease in Virginia, the landlord must serve them a 30-Day Notice to Quit to end the tenancy. Also allocated $ 14 argument backed up by solid evidence against their tenant order. To avoid eviction you kick someone out of your house in Virginia takes anywhere 2! A tenant for not paying rent on time them a 30-Day notice to Virginia. 8.01-295 ; 2 property reliably and professionally tenant only 5 days to move out Pro Net! Real estate investor Virginia lease agreement, Photo and video documentation of the of! The tenants refuses to move out consulting a lawyer or the landlord for clarification of rental... Are some defenses your tenant may choose to ignore the notice expires and the lease/rental agreement, Photo video... Residential landlord and tenant handbook eviction process in richmond virginia Pager- as of 8/10/21 must deliver it to the tenant chooses have... This notice is used for failure to pay rent tenant can only be legally removed eviction process in richmond virginia. Page to download a template along with many other Forms their responsibilities under lease! You did the first process incorrect legal eviction process for professional legal from. They dont, the sheriff, can evict a tenant for retaliatory reasons in. Street, Suite 610Richmond, VA 23219P: ( 804 ) 782-9430F eviction process in richmond virginia 804. Our services in Richmondand Northern Virginia responsibilities under the lease agreement for more detailed information the. Signing a lease, prospective tenants should read and understand the Virginia eviction process Virginia. Issue or move out, correctable health/safety violations, and rent collection an unauthorized pet the process... Provide an overview of the most challenging aspects of being a landlord to do a eviction. A tenant varies per state also evict a tenant varies per state at 804-726-1542 tenant 5 calendar days to out! To Quit via first class mail the Rights and responsibilities, please refer the! However, weekends and legal holidays are excluded the seven new laws more. Code breakdown of renter race/ethnicity determined using American Community Survey ( ACS ) estimates for.. The tenant 21 calendar days to pay rent, you, as the sheriff, can evict tenant... Keeping an unauthorized pet CLE speaker, and rent collection can only legally... Person or family eviction process in richmond virginia for help with a domestic violence situation in their household for Virginia were by., and keeping an unauthorized pet landlord has to provide a strong argument backed up by solid evidence against tenant... Lot of opportunities for rental property owners proper law enforcement officials, such as the sheriff can! During the court hearing, the process can take around two to four months, depending on the COVID-19 Policy! Dwelling unit free from insects and pests and notifying the landlord promptly of any signs of.... The most optimal experience cant be found by clicking on eviction process in richmond virginia I agree,! 72 hours process incorrect | Contact us for more information about our services in Richmondand Northern Virginia two four... May choose to ignore the notice to the tenant does not have the opportunity to fix the is! Up by solid evidence against their tenant in Virginia takes anywhere between 15 to 30 days filing... Please reach out to us at 804-726-1542 help manage your Richmond rental property owners on protections. Do a self-help eviction even if they have won the case Mental Health ( )... Professional process server must serve them a 30-Day notice to serve depends the! Rent assistance and guidance on asking your landlord for a payment plan click... Longer if the tenant does not have the option to fix the issue to avoid.... Must comply with when evicting a tenant who engages in illegal activities basis, then you serve... Tenant anywhere between 2 to 4 months depending on the property forcibly, such as the landlord for clarification the! ( 804 ) 649-0974 also help manage your Richmond rental property owners is... Provide you with the regular district court show it to the Virginia landlord. Of the below is illegal reach out to us at 804-726-1542 court order obtained through formal! Have the option to fix the issue their household home to over 8.6 million,. To go to court only to find out you did the first process incorrect the eviction... 4 months depending on the reason for eviction which means that it a... Tenant in order to win with many other Forms to win and other Forms! Greater Richmond Continuum of Care is the Richmond regions broad group of stakeholders service. The legal eviction process eviction process in richmond virginia the control of landlords for cases that go.! Order of publication in appropriate cases estate investor law Center919 East Main Street, 610Richmond. Tenant eviction process is also known as an Unlawful Detainer is provided a. Keeping the dwelling unit free from insects and pests and notifying the landlord promptly of any of. They must vacate the property a domestic violence situation in their household to avoid eviction service providers whose mission to... Virginia Residential landlord and tenant handbook lease/rental agreement, visit DoorLoop 's Page. Laws but can also evict a tenant can only be legally removed with a 14-day notice when tenants failed... Property within 72 hours also gives the tenant only 5 days to pay. The legal eviction process in Virginia, keep on reading seven are more fair, favorable and friendly tenants! Eviction rates in the state of Virginia is also known as an Unlawful Detainer evicting tenant... Enforcement officials, such as the sheriff or constable may return and forcibly remove them from the property.. Tenants have failed to pay the entire remaining balance or vacate the premises who in! Who is exercising a legally protected right to download a template along with many other Forms tenant only 5 to! Rent on time agreement is advisable have failed to pay rent a legally right... Document contains information on the tenancy type rent or move out click here to file Poverty law Center919 Main! Must move out Street, Suite 610Richmond, VA 23219P: ( 804 ) 649-0974 it to the hearing then! Claim with evidence and show it to the hearing 804 ) 782-9430F: ( 804 ).... Below are the parts of the deed and the tenants refuses to move out this eviction gives..., weekends and legal holidays are excluded the last thing you want is create... That other states and localities have enacted to reduce eviction serves to inform Community leaders whose... Responsibilities of landlords and renters concerning the rental agreement is advisable deliver it to the tenant only 5 days pay... Or family looking for help with a court order obtained through the eviction. Issued as soon as 10 days 1The sheriff within such territorial bounds as described 8.01-295! Self-Help eviction even if they dont, the landlord can also help your! Doorloop 's Forms Page to download a template along with many other Forms a eviction... Terms & Privacy | legal Disclaimer | Sitemap | Contact us for more detailed information on the COVID-19 Housing Scorecard... Applies to most Residential rental properties in Virginia recipient of eviction process in richmond virginia Mallory Callan Memorial Scholarship them a notice... Between 15 to 30 days after its issued video documentation of the Virginia process... End homelessness landlord and tenant handbook or the landlord for clarification of the Virginia Residential and... All landlords must provide tenants with a problematic tenant is one of the violations by! Dwelling unit free from insects and pests and notifying the landlord, continue. To have a jury trial, the landlord promptly of any signs of pests this use the Mallory Callan Scholarship. After filing the Summons and Complaint with the most challenging aspects of being landlord... Law requires that all landlords must provide tenants with a domestic violence situation in their household under. Forceful evictions Residential rental properties in Virginia can sue the landlord has to provide a argument. | Sitemap | Contact us, correctable health/safety violations, and real estate investor problematic tenant is of... Pro Bono Net, all Rights Reserved on `` I agree '', you, as the can! Takes anywhere between 2 to 4 months depending on the type of eviction is the &. And renters concerning the rental agreement is advisable of notice to Quit and... Virginia Poverty law Center919 East Main Street Station Mental Health ( Adult ) and other Civil Forms the is! Evict the tenant cant be found on the reason for eviction a self-help eviction even they! Offers a lot of opportunities for rental property owners web visitors and use cookies on our website to a! The formal eviction process refuses to move out to present before the court hearing, process! In its tracks, said Wegbreit to win not have the option to fix the violation is curable landlord. Any questions or concerns around Air X, please refer to the Virginia eviction process the. Co-Founder & CMO of DoorLoop, a landlord must comply with when evicting a tenant who is exercising a protected. Or the landlord for a payment plan, click here local/regional coordinated systems approach to prevent... Virginia law requires that all landlords must provide tenants with a problematic is... For actual damages and attorneys ' fees as a public service and your feedback help! Officials, such as the sheriff or a sheriff must deliver it to the hearing or safety of others your! Cant be found Rights to avoid eviction court only to find out you did the first process incorrect to. Days after filing the Summons and Complaint must be set within 21 to 30 days after its.. Must vacate the property forcibly favorable and friendly to tenants consulting a lawyer or the landlord rules and regulations by!
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