🏛️ Virginia Eviction Notice Laws
Complete Landlord Guide to Virginia Eviction Requirements
📋 Updated for • VRLTA CompliantLast reviewed: January
Virginia’s Residential Landlord and Tenant Act (VRLTA – Va. Code § 55.1-1200 et seq.) governs most residential evictions in the Commonwealth. Virginia requires a 5-day pay or quit notice for non-payment and has specific procedures for unlawful detainer actions in General District Court. This comprehensive guide covers all requirements.
📑 Table of Contents
📝 Virginia Eviction Notice Types
Virginia law requires landlords to provide written notice before filing for eviction. The type and length of notice depends on the reason for eviction. Using the correct notice is essential for a successful unlawful detainer action.
5-Day Pay or Quit Notice (Non-Payment)
Va. Code § 55.1-1245
For non-payment of rent, Virginia requires a 5-day notice demanding payment or possession. This is one of the shorter notice periods in the country, making Virginia relatively landlord-friendly for non-payment evictions.
If the tenant pays all rent due within the 5-day period, the notice is satisfied and you cannot proceed with eviction. If the tenant fails to pay, you may file for eviction after the 5 days expire.
Critical Requirements:
- ✅ Must be in writing
- ✅ Must demand payment of rent or possession
- ✅ Must give 5 days to pay or vacate
- ✅ Must specify amount owed
- ✅ Must be properly served
Virginia tenants have the right to “redeem” the tenancy by paying all amounts owed (rent, late fees, costs) even after the eviction is filed, up until the court enters judgment. However, this right can be limited if the tenant has already redeemed within the past 12 months.
21/30-Day Notice (Lease Violation)
Va. Code § 55.1-1245
For lease violations other than non-payment, Virginia uses a two-part notice system:
- First violation: 21-day notice giving tenant 21 days to cure, with termination effective 30 days from notice if not cured
- Subsequent similar violation within 6 months: 30-day unconditional notice (no right to cure)
For a first-time violation, you must give the tenant an opportunity to cure. If they cure within 21 days, you cannot proceed. If they fail to cure, the lease terminates 30 days from the notice date.
📄 Get Free Lease Violation Notice FormImmediate Notice (Criminal/Drug Activity)
Va. Code § 55.1-1245(E)
For serious violations involving criminal or drug activity, Virginia allows a 30-day unconditional notice with no right to cure. This applies to:
- 🔴 Drug violations (manufacture, sale, distribution, possession with intent)
- 🔴 Criminal activity threatening health or safety
- 🔴 Willful or criminal acts that are not remediable
- 🔴 Illegal discharge of firearms
30-Day Notice (Month-to-Month Termination)
Va. Code § 55.1-1253
To terminate a month-to-month tenancy, either party must provide at least 30 days’ written notice prior to the next rent due date. Virginia allows no-cause terminations of periodic tenancies with proper notice.
📄 Get Free 30-Day Notice FormNotice of Lease Expiration / Non-Renewal
Per Lease Terms
For fixed-term leases, check your lease for renewal/non-renewal notice requirements. Many Virginia leases automatically convert to month-to-month after the initial term, requiring a 30-day notice to terminate. If a tenant holds over after lease expiration without permission, you can proceed with eviction.
📬 How to Properly Serve Eviction Notices in Virginia
Virginia law (Va. Code § 55.1-1202) specifies how notices must be delivered. Proper service is critical—improper service can result in dismissal.
Personal Delivery (Preferred)
Hand the notice directly to the tenant. This is the most reliable method and provides clear proof of service.
Delivery to Family Member (Age 16+)
If the tenant is unavailable, you may leave the notice with a family member who is at least 16 years old and resides at the premises.
Posting on the Premises
Post the notice in a conspicuous place on the property (typically the main entrance door). Must be done when personal delivery is not possible.
First-Class Mail
Mail the notice to the tenant at the rental address. When using mail, add additional days for delivery time.
For strongest documentation, serve notices using multiple methods simultaneously: personal delivery (or posting if unsuccessful) PLUS first-class mail. Keep copies of everything and document service with photos, dates, and times.
⚖️ The Virginia Unlawful Detainer Court Process
Virginia evictions (called “unlawful detainer” actions) are filed in General District Court. The process is relatively straightforward but must be followed precisely.
Verify Notice Period Has Expired
Confirm the required notice period has passed and the tenant has not cured (if cure was required). Do not file early—premature filing will result in dismissal.
File Summons for Unlawful Detainer
File the unlawful detainer summons in the General District Court where the property is located. Filing fees are typically $58-$80. The court will set a hearing date.
Tenant Served with Summons
The sheriff serves the summons on the tenant. Virginia requires service at least 10 days before the return date (hearing date). Service fees are additional.
Court Hearing (Return Date)
Both parties appear in General District Court. Bring all documentation: lease, notices with proof of service, rent ledger, and any evidence of damages or violations. If tenant doesn’t appear, request default judgment.
Judgment for Possession
If you win, the court enters judgment for possession. Virginia has a 10-day appeal period. If no appeal is filed, you can request a writ of eviction after 10 days.
Writ of Eviction
Request a writ of eviction (writ of possession) from the court. The writ authorizes the sheriff to remove the tenant. There’s a waiting period before execution.
Sheriff Executes Writ
The sheriff gives the tenant 72 hours’ notice, then returns to remove the tenant and belongings if they haven’t vacated. Only the sheriff can perform the physical eviction.
Virginia prohibits self-help evictions. Landlords cannot change locks, remove doors/windows, shut off utilities, or remove tenant belongings. Doing so can result in liability for actual damages, statutory penalties, and attorney fees. Always use the court process.
⏱️ Virginia Eviction Timeline: Realistic Expectations for
Virginia evictions can move relatively quickly compared to some states, but plan for the full process.
| Stage | Timeline | Notes |
|---|---|---|
| 📝 Notice period | 5-30 days | 5 days non-payment; 30 days other |
| 📋 File summons | 1-2 days | After notice expires |
| 📬 Sheriff serves tenant | 3-10 days | Must be 10+ days before hearing |
| ⚖️ Court hearing | 21-30 days | From filing; varies by court |
| ⏳ Appeal period | 10 days | Must wait before writ |
| 📜 Writ issued | 1-5 days | After appeal period |
| 🚔 Sheriff eviction | 72 hours + execution | Sheriff provides 72-hour notice |
Total Realistic Timeline: Virginia evictions for non-payment typically take 30-45 days from notice to lockout in uncontested cases. Contested cases or appeals can extend this to 60-90+ days. Northern Virginia courts may have longer wait times due to higher caseloads.
🛡️ Common Tenant Defenses to Virginia Evictions
Understanding potential defenses helps landlords build stronger cases and avoid dismissal.
Defective Notice
If the notice was deficient (wrong notice period, improper service, incorrect information), the eviction will be dismissed. Virginia courts strictly enforce notice requirements.
Rent Was Paid / Redemption
If the tenant paid rent or exercised their right to redeem by paying all amounts owed before judgment, the eviction fails. Keep detailed payment records.
Breach of Warranty of Habitability
Under the VRLTA, landlords must maintain habitable premises. Failure to make essential repairs may be a defense, particularly if tenant properly notified landlord of issues.
Retaliation
Virginia prohibits retaliatory evictions (Va. Code § 55.1-1258). Eviction within 12 months of tenant’s complaint to authorities or exercise of legal rights creates presumption of retaliation.
💰 Virginia Security Deposit Rules
Virginia security deposit requirements are found in Va. Code § 55.1-1226.
- Maximum Amount: 2 months’ rent
- Interest: Not required (unless the lease requires it)
- Separate Account: Required for properties with 4+ units
- Return Timeline: 45 days after tenant vacates
- Itemized Statement: Required if deductions are made
- Move-In Inspection: Landlord must provide written report within 5 days of move-in
- Penalty: Failure to return properly can result in liability for actual damages plus reasonable attorney fees
🔍 Eviction Prevention: Screen Tenants Before Problems Start
Thorough tenant screening helps you find reliable tenants and avoid the eviction process entirely.
❓ Virginia Eviction FAQ
🔍 Avoid Evictions with Better Tenant Screening
Comprehensive tenant screening helps you find reliable tenants from the start.
📚 Related Virginia Landlord Resources
⚖️ Legal Disclaimer
This guide provides general information about Virginia eviction laws and is not legal advice. Virginia landlord-tenant law is governed by the VRLTA (Va. Code § 55.1-1200 et seq.) and other statutes, which may be amended. This guide reflects requirements as of . Always consult with a qualified Virginia attorney before proceeding with an eviction.
