Free Virginia Notice to Pay Rent or Quit

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The Virginia notice to pay rent or quit is the written demand a landlord must serve before filing an eviction for nonpayment of rent. Under Va. Code § 55.1-1245(F) of the Virginia Residential Landlord and Tenant Act, the current law gives the tenant 14 days to pay in full before the tenancy may be terminated – and a coming amendment shortens that to 5 days on its future effective date. Generate a compliant notice below.

Pay or Quit Va. Code § 55.1-1245(F) VRLTA Free PDF

A Virginia Notice to Pay Rent or Quit is the written notice a landlord must serve on a tenant who has failed to pay rent before filing an unlawful detainer (eviction) for nonpayment. It is governed by Va. Code § 55.1-1245(F) of the Virginia Residential Landlord and Tenant Act (VRLTA), with the redemption right at § 55.1-1250, service consistent with § 55.1-1202 and § 8.01-296, and removal through the General District Court. One point causes confusion, so this page is built to resolve it: the version of § 55.1-1245(F) currently in effect gives the tenant 14 days to pay, while an enacted amendment reduces that to five days on a future effective date. Until the amendment takes effect, the 14-day period is the compliant floor, so the form defaults to it. Our Virginia eviction notice laws guide covers the full process, and the Virginia landlord-tenant laws overview covers deposits, late fees, and entry.

The Virginia Notice to Pay Rent or Quit is the written notice a landlord must serve on a tenant who has failed to pay rent when due under a rental agreement covered by the Virginia Residential Landlord and Tenant Act. It is the procedural prerequisite to filing an unlawful detainer action for nonpayment under Va. Code § 55.1-1245(F). Without a properly drafted, properly served notice, the General District Court will not enter a judgment for possession based on nonpayment.

The notice does three things in one document. First, it demands the past-due rent. The pay-or-quit under § 55.1-1245 is a rent demand, so the amount the tenant must pay to cure should be the unpaid rent, stated clearly. Keeping the rent figure separate from any contracted late charge lets the tenant know exactly what has to be paid to keep the tenancy.

Second, it gives the tenant a defined period to pay or quit. Under the version of § 55.1-1245(F) currently in effect, the tenant has 14 days after the notice is served to pay the rent in full or the landlord may terminate the rental agreement and proceed. Paying the full amount within the period cures the default, and the tenancy continues. An enacted amendment shortens the period to five days on a future effective date; until then the 14-day period is the compliant number.

Third, it states the consequences of nonpayment. The notice tells the tenant that if the rent is not paid by the deadline, the landlord will file an unlawful detainer action in the General District Court to recover possession of the dwelling, the rent owed, and any court costs and attorney fees the rental agreement and law allow. That statement, together with the correct period and precise amount, is what makes the notice a reliable foundation for the case.

The Virginia pay-or-quit is governed by the Virginia Residential Landlord and Tenant Act, codified in Title 55.1, Chapter 12 of the Virginia Code. The core statute is Va. Code § 55.1-1245, which sets out a landlord’s remedies for a tenant’s breach. Subsection F is the nonpayment remedy: if rent is unpaid when due and the tenant fails to pay within the statutory period after written notice, the landlord may terminate the rental agreement.

The notice period is in transition, and this is the detail landlords miss. The version of § 55.1-1245(F) currently in force gives the tenant 14 days after written notice to pay before the landlord may terminate. The General Assembly enacted an amendment that reduces that period to five days, effective on a future date defined in the enactment. Because the shorter five-day period is not yet the operative law, a landlord who serves a five-day notice before the amendment takes effect gives the tenant a period shorter than the statute requires, and that shortfall can void the notice. Serving the full 14-day period is always at least as long as the statute requires and is therefore the safe practice until the amendment is effective.

The redemption right at Va. Code § 55.1-1250 is a defining feature of Virginia nonpayment practice. Even after the notice period ends and the landlord files an unlawful detainer, the tenant, or a third party on the tenant’s behalf, may pay the landlord or pay into court all rent due and owing as of the court date, any contracted charges and fees, contracted late charges as provided by law, reasonable attorney fees as contracted and as provided by law, and the costs of the proceeding – at or before the first return date – and the unlawful detainer is dismissed. In limited circumstances the tenant may redeem after judgment, no less than 48 hours before a scheduled eviction. This right is subject to statutory limits, including a general once-per-12-month cap, and it does not save a case that also seeks possession on grounds beyond nonpayment.

Service rules flow from Va. Code § 55.1-1202, which directs how notices under the VRLTA are given, together with the service methods in Va. Code § 8.01-296 used for termination notices. Valid methods are personal delivery to the tenant, delivery to a family member 16 or older at the dwelling unit, and posting a copy on the main entrance door of the unit with a copy mailed to the tenant. Where the rental agreement permits, the parties may exchange notices electronically, but a tenant who requests paper notice is entitled to it.

Other VRLTA figures round out the framework: security deposits are capped at two months’ periodic rent and must be returned within 45 days of the tenancy ending with an itemized statement under § 55.1-1226, and late fees may not exceed ten percent of the periodic rent or ten percent of the remaining balance due, whichever is less, under § 55.1-1204. One rule binds all of this together: the notice must match the statute in effect on the day it is served. A period that is too short, an amount that is wrong, or service by a method the statute does not authorize can void the notice and restart the clock.

The heart of this notice is the number of days, and Virginia is in the middle of changing it. Getting this right is the difference between a notice that supports an eviction and one a tenant can defeat.

Today: 14 days. Under the version of § 55.1-1245(F) in effect now, the tenant has 14 days after the written notice is served to pay the rent in full. If the tenant pays within those 14 days, the default is cured and the tenancy continues. If the tenant does not, the landlord may terminate and file for eviction. The 14 days run from service of the notice, so accurate documentation of when and how the notice was served fixes the start of the clock.

The enacted change: five days. The General Assembly passed an amendment shortening the nonpayment period from 14 days to five days, effective on a future date set in the enactment. That coming five-day rule is why so many Virginia landlords and tenants search for a “Virginia five-day notice to pay rent or quit.” The search intent is real, and the change is real, but the timing matters: the five-day period is not yet the operative law across the state.

What this means in practice. Until the amendment is effective, serve the 14-day period. A notice giving 14 days is never too short, so it remains enforceable both before and after the amendment takes effect – the extra days simply work in the tenant’s favor and create no defect. A notice giving only five days before the amendment is effective is shorter than the statute allows and hands the tenant a defense. The form on this page defaults to a 14-day count for exactly this reason and lets you switch to a five-day count once the amendment governs your service date. When in doubt about your service date relative to the effective date, use 14 days.

The pay-or-quit period is counted in calendar days that run from service of the notice. Unlike some states, Virginia’s nonpayment period is not defined in business days, so weekends are included in the count – but the practical mechanics still reward care.

When the clock starts. The period runs from the date the notice is served. For personal delivery, that is the day of hand delivery. For posting-and-mailing, best practice is to treat the clock conservatively and give the mailed copy time to arrive, so the tenant has the full statutory period after actual receipt. Documenting the exact service date and method is what proves the period ran correctly if the case reaches court.

Worked example – current 14-day rule. A notice personally delivered on the 3rd of the month gives the tenant through the 17th to pay in full. If the tenant has not paid by the end of the 17th, the landlord may terminate and file an unlawful detainer in the General District Court on or after the 18th.

Worked example – the coming 5-day rule. Once the amendment is effective, a notice personally delivered on the 3rd would give the tenant through the 8th to pay. The much shorter window is precisely why serving a five-day notice before the amendment takes effect is dangerous: the same delivery that is fully compliant afterward is defective before.

Why a cushion helps. Because the period is in transition and because a mailed copy needs delivery time, many Virginia landlords add a short cushion beyond the statutory minimum. A notice that gives more than the required days is enforceable as a compliant notice; the extra time works in the tenant’s favor and creates no defect. The cushion also protects against any miscount, a service-date dispute, or uncertainty about whether the five-day amendment is in force on your particular service date. The generator on this page defaults to 14 days and computes the pay-by date from the service date so the deadline printed on the notice is internally consistent.

Complete the form below to generate a Virginia Notice to Pay Rent or Quit. The form computes the pay-by date from the service date and the selected notice period, states the amount owed, and includes the consequences and service language. Serve consistent with § 55.1-1202 and § 8.01-296, and keep a proof of service.

Virginia does not permit informal service of a termination notice. Consistent with Va. Code § 55.1-1202 and the service methods at Va. Code § 8.01-296, the notice must be delivered by one of the following methods. A method the statute does not authorize does not start the clock.

Proof of service

A proof of service should be completed by the person who served the notice, stating the date, time, location, method, and recipient (or substituted recipient) of service. The original signed notice and the proof of service are filed with the unlawful detainer as exhibits. Where posting-and-mailing is used, keep the photographs of the posting and the record of mailing with the file.

Documentation retention

Retain the signed original notice, the proof of service, and any photographs of posting for the property file. If the unlawful detainer is filed, the notice and proof become court exhibits in the General District Court. If the tenant pays before the deadline or redeems under § 55.1-1250, the documentation supports the cure record and any accounting of amounts paid.

Virginia’s redemption right is one of the most important features of nonpayment practice, and it changes how a landlord should think about the notice. Even a perfectly served notice does not guarantee possession if the tenant exercises redemption.

Redemption before judgment. Under Va. Code § 55.1-1250, the tenant, or a third party on the tenant’s behalf, may pay the landlord, the landlord’s attorney, or the court all rent due and owing as of the court date as contracted for in the rental agreement, other contracted charges and fees, contracted late charges as provided by law, reasonable attorney fees as contracted and as provided by law, and the costs of the proceeding. If the tenant tenders that full amount at or before the first return date, the unlawful detainer is dismissed and the tenancy continues.

Redemption after judgment. In limited circumstances the tenant may still redeem after a judgment for possession, by paying the full amount owed no less than 48 hours before the date and time the sheriff is scheduled to execute the writ of eviction. This after-judgment redemption is subject to statutory conditions and is not available in every case.

Statutory limits. The redemption right is generally limited, including a cap on how often it may be used in a 12-month period, and it applies to cases seeking possession for nonpayment. If the unlawful detainer also seeks possession on other grounds – a serious or repeat lease violation, for instance – redemption of the rent does not necessarily save the tenancy. Because the exact amount that must be tendered includes contracted late charges, attorney fees, and court costs, keeping a clear running ledger from the day the notice is served makes the redemption figure easy to compute if the tenant asks to pay and stay.

If the notice period expires without full payment and the tenant has not redeemed, the landlord recovers possession through the courts, not by self-help. Filing. The landlord files an unlawful detainer (form DC-421 or its equivalent) in the General District Court for the locality where the property sits. The notice and proof of service are filed as the foundation for the claim.

The return date and redemption. The court sets a first return date. At or before that date the tenant may exercise the redemption right under § 55.1-1250 and have the case dismissed by paying the full amount owed. If the tenant contests the case, the court sets it for trial.

Judgment and the writ. If the landlord prevails, the court enters a judgment for possession. After the statutory appeal period, the landlord requests a writ of eviction, which the sheriff schedules and executes. The tenant’s limited after-judgment redemption window under § 55.1-1250 runs up to 48 hours before the scheduled eviction. No self-help. At no point may the landlord change the locks, remove the tenant’s belongings, or shut off utilities to force a move-out; doing so exposes the landlord to damages under the VRLTA.

• Using a five-day period too early. Serving a five-day notice before the § 55.1-1245(F) amendment is in effect gives the tenant less time than the statute requires and can void the notice. Use 14 days until the amendment governs your service date.
• Copying an out-of-state form. A pay-or-quit built for another state carries the wrong period, the wrong statute citation, and the wrong service and redemption rules. Virginia’s redemption right and its transition period have no equivalent in most states.
• Misstating the amount owed. The rent figure the tenant must pay to cure should be precise. Bundling an unstated late charge into the rent figure muddies what the tenant must pay and can be challenged.
• Serving by a non-statutory method. Verbal notice, text, or a note left in a mailbox that does not satisfy § 55.1-1202 and § 8.01-296 does not start the clock. Use personal delivery, delivery to a family member 16 or older, or posting-and-mailing.
• Filing before the period expires. Filing the unlawful detainer before the notice period runs defeats the action. Wait until the day after the period ends to file.
• Ignoring the redemption right. Treating the case as over once the period expires overlooks § 55.1-1250. The tenant can dismiss the case by paying the full amount at or before the first return date, so keep a running ledger of what is owed.
• Inconsistent identification. Name all tenants on the rental agreement, and identify the landlord or agent consistently with the agreement and the eviction caption.

Virginia tenants served with a pay-or-quit notice have significant statutory rights under the VRLTA. Understanding them helps a landlord appreciate why precision matters.

Right to cure by paying in full. Paying the full rent demanded within the notice period cures the default, and the tenancy continues; the landlord cannot refuse a timely full payment during the period. Right of redemption. Under § 55.1-1250 the tenant may pay all rent, contracted late charges, attorney fees, and court costs at or before the first return date to have the unlawful detainer dismissed, and may redeem in limited circumstances up to 48 hours before a scheduled eviction.

Right to a correct period. The tenant is entitled to the full statutory notice period in effect on the date of service – currently 14 days under § 55.1-1245(F). A notice that gives less than the required period may be challenged as defective. Right to proper service. The tenant is entitled to service by a method the statute authorizes; a notice served by an unauthorized method has not started the clock.

Right against self-help. Virginia prohibits self-help eviction. A landlord who changes the locks, removes belongings, or shuts off utilities to force a tenant out is liable for damages under the VRLTA, and the tenant may seek relief in court. Right against retaliation. The VRLTA protects a tenant against retaliatory action for asserting rights such as requesting repairs or contacting a housing authority, so a notice that follows protected conduct should be supported by a clear, documented nonpayment record. Fair housing protection. The federal Fair Housing Act and the Virginia Fair Housing Law prohibit housing decisions based on protected characteristics, which applies to how a landlord manages notices and evictions across a portfolio.

For the full Virginia eviction sequence from notice through the writ, see our guide to Virginia eviction notice laws, and for deposits, entry, and late-fee rules see the Virginia landlord-tenant laws overview.

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