Virginia Eviction Notice Laws: The Landlord and Tenant Guide
14-Day Pay-or-Quit · Right of Redemption · 21/30 Cure · 30-Day Unconditional · Immediate for Criminal Acts · Service Rules
In Virginia, the eviction notice is step one, and a defective notice sinks the whole case. Before a landlord can set foot in the general district court, the Virginia Residential Landlord and Tenant Act requires the right written notice, for the right reason, for the right number of days. Choose the wrong notice, demand the wrong amount, miscount the days, or fail to give the tenant a chance to cure when the law requires one, and a tenant can defeat the unlawful detainer and force the landlord to start the clock over. This guide walks the whole framework end to end — every notice type, how many days each needs, the tenant’s powerful right of redemption, how the process moves from notice to writ of eviction, and what makes a notice valid — in plain English, with every rule tied to a concrete action.
The stakes are practical. Virginia gives tenants a genuine second chance in nonpayment cases through the right of redemption, and it gives them cure rights on ordinary lease breaches, so a landlord who treats the notice as a mere formality often finds the case dismissed. Because the notice statutes and the eviction timeline have been amended in recent sessions — most recently on July 1, 2026, when Senate Bill 48 and House Bill 15 lengthened the nonpayment pay-or-quit period from five days to fourteen days — treat every figure in this guide as a starting point and verify the current statute before you serve or file anything.
Below, an overview video summarizes the Virginia framework; the sections that follow break down each piece — the notice types and their day-counts, the just-cause structure Virginia actually uses, how a notice is served and proven, what makes a notice valid, the unlawful detainer lawsuit and the writ of eviction, retaliation and tenant defenses, local considerations, a landlord playbook, and defensible-versus-fatal scenarios — plus a Virginia-specific FAQ.
Virginia Eviction Notices at a Glance
Nonpayment
14-day pay or quit
Curable Breach
21 days to cure, 30-day end
Repeat or Severe
30-day unconditional
Month-to-Month
30-day termination
The Notice Is Step One — and It Can Sink the Case
Every Virginia eviction begins with a written notice, and that notice is the single most common point of failure. The Virginia Residential Landlord and Tenant Act sets out exactly which notice fits which ground and how long each must run, and Virginia courts expect a landlord who wants the summary eviction remedy to follow those rules. A notice that names the wrong amount, gives the wrong number of days, omits the cure period the law guarantees, or is filed on too early gives the tenant a clean defense — the judge can dismiss the unlawful detainer, and the landlord has to start over from a fresh notice, losing weeks.
This is why the notice deserves more care than any other step. The rest of the process — filing the summons, the return date, the writ — is largely mechanical once the notice is right. Get the notice wrong, or ignore the tenant’s cure or redemption rights, and none of it matters. Throughout this guide, the theme repeats: the exactness of the notice, and respecting the tenant’s statutory second chances, decides the case long before a judge ever reads the complaint.
Overstating the rent undercuts a pay-or-quit notice
A frequent, avoidable defect is demanding more than the rent actually owed. A fourteen-day notice to pay rent or quit should state the exact amount of rent due; if it overstates the balance by adding charges that are not rent or by simple arithmetic error, the tenant is left unable to know the precise sum needed to redeem, and the notice is vulnerable. Demand only past-due rent and lawful late charges the lease authorizes, and get the number right to the dollar.
Takeaway
In Virginia the notice is step one and the whole case rides on it. The Virginia Residential Landlord and Tenant Act sets the notice for each ground, so the right notice, the right amount, the right days, and the tenant’s cure or redemption rights matter more than anything that happens in court. A defective notice is a defense that forces the landlord to start over.
The Virginia Eviction Notice Types
Virginia recognizes a handful of distinct notices, and using the wrong one is itself a defect. Which notice applies depends entirely on why the landlord wants the tenant out. The nonpayment and breach notices come from Code of Virginia section 55.1-1245; the no-fault ending of a periodic tenancy comes from section 55.1-1253.
14-Day Notice to Pay Rent or Quit (Nonpayment)
When a tenant is behind on rent, the landlord serves a fourteen-day notice to pay rent or quit under Code of Virginia section 55.1-1245(F). Effective July 1, 2026, Senate Bill 48 and House Bill 15 lengthened this period from five days to fourteen days, so the superseded five-day notice no longer satisfies the statute. It gives the tenant a choice: pay the rent due within fourteen days after the notice is served and stay, or the rental agreement terminates and the landlord may proceed to court. If the tenant pays in full within the period, the tenancy continues and the landlord cannot evict on that ground. Crucially, in Virginia the story does not end there — the tenant retains a right of redemption even after the case is filed, discussed below, which makes nonpayment eviction a pay-and-stay process up to a late point.
21/30 Notice to Cure or Quit (Curable Lease Violation)
When a tenant breaches a lease term that can be fixed — an unauthorized pet, an unapproved occupant, a parking or noise violation the tenant can stop — the landlord serves a notice under Code of Virginia section 55.1-1245(C). It must specify the acts or omissions constituting the breach and state that the rental agreement will terminate on a date not less than thirty days after the tenant receives the notice if the breach is not remedied within twenty-one days. In shorthand, this is the twenty-one/thirty notice: twenty-one days to cure, tenancy ends thirty days after receipt if it is not cured. The notice must describe the breach with enough specificity that the tenant knows exactly what to correct.
30-Day Unconditional Notice (Repeat or Non-Remediable Breach)
Not every breach comes with a second chance. If a breach is not remediable, or if the tenant repeats the same or a substantially similar breach within six months of the first twenty-one/thirty notice, the landlord may serve a notice under Code of Virginia section 55.1-1245(C) stating that the rental agreement will terminate on a date not less than thirty days after receipt, with no right to cure. The repeat-violation path is what stops a tenant from curing the same problem over and over; the second time, the tenancy simply ends.
Immediate Termination (Criminal or Willful Act Threatening Safety)
For the most serious conduct, Virginia allows termination with no notice period at all. Under Code of Virginia section 55.1-1245(E), if the tenant commits a criminal or willful act that is not remediable and that poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession. Because this is the harshest path, the conduct must genuinely fit the statute; an ordinary lease violation does not qualify and must go through the twenty-one/thirty cure process instead.
30-Day No-Fault Termination of a Month-to-Month Tenancy
When the landlord simply wants to end a month-to-month tenancy and the tenant has done nothing wrong, the vehicle is a no-fault termination under Code of Virginia section 55.1-1253. Either party may end a month-to-month tenancy by serving written notice on the other at least thirty days prior to the next rent due date. No reason is required. A separate rule can require sixty days when a multifamily owner discontinues a large share of its month-to-month tenancies at once, but for a routine termination the thirty-day rule governs.
Subsidized tenancies can carry longer notice
Some federally subsidized tenancies, such as Housing Choice Voucher households, layer program rules on top of the Virginia Residential Landlord and Tenant Act and may require a longer notice or a specific good-cause standard before termination. If the tenancy involves a voucher or another subsidy, confirm the program’s own notice requirement, because it can be longer than the state minimum.
Takeaway
The notice type follows the reason: 14-day pay-or-quit for nonpayment, the 21/30 cure notice for a fixable breach, a 30-day unconditional notice for a repeat or non-remediable breach, immediate termination for a criminal or willful act that threatens safety, and a 30-day notice to end a month-to-month tenancy. Using the wrong notice, or skipping a required cure period, is itself a defect.
How Many Days Each Notice Requires
The day-count is where landlords most often trip. Use this table as the quick reference, then read the notes below it. Every figure ties back to the Virginia Residential Landlord and Tenant Act.
| Notice | Days required | Statute and grounds |
|---|---|---|
| Pay rent or quit | 14 days to pay after service | Code of Virginia section 55.1-1245(F) — nonpayment of rent |
| Cure or quit (21/30) | 21 days to cure; ends 30 days after receipt if uncured | Code of Virginia section 55.1-1245(C) — remediable lease breach |
| Unconditional (repeat/non-remediable) | 30 days after receipt, no cure | Code of Virginia section 55.1-1245(C) — repeat within 6 months or non-remediable breach |
| Immediate termination | Immediate, no cure period | Code of Virginia section 55.1-1245(E) — criminal or willful act threatening safety |
| Month-to-month, no-fault | 30 days before next rent due date | Code of Virginia section 55.1-1253 — periodic-tenancy termination |
| Multifamily mass termination | 60 days — verify applicability | Section 55.1-1253 exception for large-scale discontinuation |
The fourteen days run before you file, not the whole case
The fourteen-day pay-or-quit period must fully pass before the landlord files the unlawful detainer. Count in calendar days from service, and if the fourteenth day falls on a Saturday, Sunday, or legal holiday, the deadline generally rolls to the next business day. Filing even one day early hands the tenant a defense. And remember that clearing the fourteen days does not end the tenant’s ability to pay: the right of redemption reaches all the way to the court date and beyond.
Count the cure notice from receipt
The twenty-one/thirty notice is measured from the tenant’s receipt of the notice, not the date the landlord wrote it. Build in delivery time, and if you serve by mail, allow for transit before the twenty-one-day cure clock and the thirty-day termination date are treated as running. Serving in a way you can prove — and documenting when the tenant received it — protects the timeline.
Takeaway
Nonpayment is a fourteen-day pay-or-quit; a curable breach is twenty-one days to cure with the tenancy ending thirty days after receipt; a repeat or non-remediable breach is a thirty-day unconditional notice; and a criminal or willful safety threat allows immediate termination. Month-to-month endings need thirty days before the next rent due date. Never file before the notice period has actually passed.
Just Cause in Virginia: Ground-Based, Not a Rent-Cap Regime
Virginia does not have a statewide just-cause-plus-rent-control regime layered on top of its eviction rules the way some states do. Instead, the just cause is built into the notice structure itself: a landlord evicts for a recognized ground — nonpayment, a lease breach, a repeat or non-remediable breach, or a criminal or willful safety threat — and each ground has its matching notice under Code of Virginia section 55.1-1245. Ending a tenancy at the natural close of a periodic term through the thirty-day month-to-month notice under section 55.1-1253 is the no-fault path.
At-Fault Grounds Run Through Section 55.1-1245
The at-fault grounds are the tenant’s own conduct. Nonpayment runs through the fourteen-day pay-or-quit. A curable lease breach runs through the twenty-one/thirty cure notice. A repeat of that breach within six months, or a breach that cannot be fixed, runs through the thirty-day unconditional notice. A criminal or willful act that is not remediable and threatens health or safety runs through immediate termination. Each of these is a legally recognized reason to end the tenancy, provided the matching notice is served correctly.
No-Fault Ending Runs Through Section 55.1-1253
When the landlord has no fault-based ground and simply does not wish to continue a month-to-month tenancy, the thirty-day notice under section 55.1-1253 ends it. This is the closest Virginia analog to a no-fault termination: no reason is required, but the tenancy must be month-to-month (or the fixed term must have ended), and the notice must give at least thirty days ending on a rent due date. A landlord cannot use this route to cut a fixed-term lease short; during a fixed term, only a fault-based ground and its matching notice will do.
Local rules and specialty housing
Some Virginia localities and housing types add their own requirements — public and subsidized housing, manufactured-home communities under their own chapter of Title 55.1, and certain assistance programs each have distinct notice and good-cause rules. When the property is anything other than a straightforward private residential rental, confirm whether an additional layer of notice or cause applies before serving.
Takeaway
Virginia’s just cause is built into the notice structure: fault-based grounds — nonpayment, breach, repeat breach, criminal or willful safety threat — run through section 55.1-1245, while a no-fault ending of a month-to-month tenancy runs through the thirty-day notice in section 55.1-1253. Match the ground to its notice and serve it correctly.
How to Serve a Notice and Prove It
A notice that is written perfectly still fails if the landlord cannot show it reached the tenant. Virginia’s notice statutes turn on the tenant receiving the notice, so the practical goal is to deliver it in a way you can prove and to document when receipt occurred. There is no valid “just email it” or “just text it” shortcut for a statutory eviction notice.
| Method | How it works | When to use it |
|---|---|---|
| Personal delivery | Hand the written notice directly to the tenant | Cleanest proof of receipt; always preferred |
| Mail the notice to the tenant, allowing transit time before the period is treated as running | When personal delivery is impractical; keep the mailing record | |
| Posting plus mail | Where allowed, post a copy conspicuously at the unit and also mail a copy | When the tenant cannot be reached directly; never posting alone |
Because the cure and termination clocks run from receipt, the method you choose affects when the period starts. Mailed notice should account for transit before the twenty-one-day cure window or the fourteen-day pay window is treated as running, and posting alone — taping a notice to the door with no mailed copy — is a classic weak point that a tenant can exploit. Whatever the method, keep a record of who served the notice, how, when, and where.
Keep proof of service
Whoever delivers the notice should record who was served, how, when, and where, and keep the mailing receipt if mailed. Without proof, the landlord may be unable to show the notice period ever started — and an unprovable service is a losing one. Personal delivery, followed by a contemporaneous note or affidavit of service, is the strongest record you can bring to the general district court.
Takeaway
Deliver the notice in a way you can prove receipt — personal delivery is best, mailing works with transit time, and posting should always be paired with a mailed copy. Email or text alone is not valid service. Because the cure and pay clocks run from receipt, keep a record of who served it, how, when, and where.
What Makes a Notice Valid
Beyond picking the right notice and getting it to the tenant, the notice’s content has to be right. A valid Virginia eviction notice is a written document — never oral for the statutory grounds — and, depending on type, generally includes the following.
| Required element | Why it matters |
|---|---|
| Tenant name(s) and property address | Identifies who is being noticed and which unit; a wrong name or address can undercut the notice |
| The exact ground | Nonpayment, the specific curable breach, the repeat or non-remediable breach, or the criminal or willful act — stated with enough detail to respond |
| Amount due (pay-or-quit) | The precise past-due rent and any lawful late charges, so the tenant knows the exact sum needed to pay or redeem |
| The cure and termination language (21/30) | That the tenancy ends on a date not less than thirty days out unless the breach is cured within twenty-one days |
| The deadline and date of notice | The correct period for the notice type, counted correctly, and the date the notice was given |
For a pay-or-quit notice, the amount matters: demand only the rent actually due, because the tenant is entitled to know the exact sum needed to pay or later redeem. For a twenty-one/thirty cure notice, the breach must be described specifically enough that the tenant knows precisely what to fix, and the notice must actually state the cure period and the termination date — a notice that omits the twenty-one-day cure right where the law requires it is defective. Vague grounds, an overstated amount, or missing cure language each weaken the notice.
Takeaway
A valid notice is written, names the tenant and address, states the exact ground, and — for pay-or-quit — demands the precise rent due. A cure notice must state the twenty-one-day cure right and the thirty-day termination date. Vague grounds, an overstated amount, or missing cure language each void the notice.
After the Notice: Unlawful Detainer and the Right of Redemption
If the notice period expires and the tenant has not paid, cured, or moved out, the landlord’s next — and only — lawful step is to file an unlawful detainer, Virginia’s summary eviction lawsuit. A landlord cannot skip this step and cannot substitute self-help for it. The unlawful detainer is filed on a summons in the general district court for the city or county where the property is located.
File the summons for unlawful detainer
After the notice period runs, the landlord files a summons for unlawful detainer in the general district court for the city or county, describing the ground and the notice served. The court sets a return date.
Serve the tenant and appear on the return date
The tenant is served with the summons. On the return date, often about three weeks out, the tenant may appear and contest, or the landlord may seek a default if the tenant does not appear.
The right of redemption in nonpayment cases
In a nonpayment case the tenant may pay all rent due, late charges, attorney fees, and court costs, or present a redemption tender, at or before the first return date, and the case is dismissed under section 55.1-1250.
Judgment for possession
If the tenant does not redeem, cure, or prevail on a defense, the court enters judgment for possession. A ten-day appeal period follows before the judgment can be enforced.
Writ of eviction executed by the sheriff
The landlord requests a writ of eviction, which the clerk issues to the sheriff. The sheriff gives at least seventy-two hours’ notice and then executes the writ — the sheriff, not the landlord, removes the tenant.
The right of redemption is Virginia’s pay-and-stay lever
Under Code of Virginia section 55.1-1250, a tenant in a nonpayment case may stop the eviction by paying, or tendering, all rent due and owing as of the return date — including late charges, attorney fees, and court costs — at or before the first return date, and the unlawful detainer is dismissed. Payment can even be made no less than forty-eight hours before the sheriff’s scheduled execution of the writ. A landlord who owns four or fewer rental units may limit a tenant to using this right once per lease period. Landlords should plan for the possibility that a nonpayment case ends in payment, not removal.
Only the sheriff can remove a tenant
A judgment for possession does not let the landlord change the locks personally. The clerk issues a writ of eviction to the sheriff, who provides the tenant at least seventy-two hours’ written notice before executing it, and the writ cannot be executed while the ten-day appeal period is running. As a general matter the writ must be executed within thirty days of issuance or a new one may be needed. The landlord takes possession only after the sheriff has executed the writ; any shortcut is an illegal self-help eviction.
Takeaway
After the notice expires, the only lawful path is an unlawful detainer in general district court. In nonpayment cases the tenant’s right of redemption under section 55.1-1250 can dismiss the case up to and even after the return date. If the landlord wins, a writ of eviction is executed by the sheriff — never the landlord personally.
Retaliation and Tenant Defenses
Even a landlord with a real ground can lose if the eviction runs into a tenant defense. Two categories matter most: retaliation, and the notice and procedural defects this guide has stressed throughout.
Retaliation Is Prohibited
Under Code of Virginia section 55.1-1258, a landlord may not retaliate against a tenant who has complained to a governmental agency about a building or housing code violation, made a written complaint to or filed an action against the landlord, organized or joined a lawful tenants’ organization, or testified against the landlord in a court or administrative proceeding. Prohibited retaliation includes raising rent or fees, selectively decreasing services, harassing or coercing the tenant, refusing to renew the tenancy, or bringing or threatening an action for possession. A tenant may raise retaliation as a defense to an eviction and recover actual damages. Timing an eviction right after a protected complaint is one of the easiest ways to lose an otherwise valid case.
The Common Tenant Defenses
- Defective notice. Wrong notice type, wrong days, overstated rent, a cure notice missing the twenty-one-day cure right, or an oral notice where writing is required — each can defeat the case.
- Payment or redemption. Payment of the rent due within the fourteen days, or exercise of the right of redemption under section 55.1-1250 at or before the return date, ends a nonpayment case.
- Cure made in time. If the tenant fixed the breach within the twenty-one-day window, the ground for a curable-breach eviction evaporates; records win.
- Habitability and repair defenses. A landlord’s failure to maintain a fit and habitable unit can be raised in a nonpayment case and may reduce or offset what is owed.
- Retaliation. An eviction that follows protected tenant activity is barred under section 55.1-1258 and is a defense to possession.
- Discrimination. An eviction motivated by a protected class under fair-housing law, including a lawful source of income, is unlawful.
- Filed too early. Filing the unlawful detainer before the notice period fully expired is grounds for dismissal.
Showing up is the tenant’s biggest lever
The fastest path to a landlord judgment is a tenant who never appears on the return date — a default. A tenant who appears and contests forces the landlord to prove every element and opens the door to all of these defenses, including the powerful right of redemption. For landlords, the lesson is the mirror image: assume the tenant will appear, make sure the notice and its cure or pay language are flawless, and be ready for a redemption tender.
Takeaway
Retaliation is prohibited under section 55.1-1258, and defective notice, timely payment or redemption, a timely cure, habitability, and discrimination are all live defenses. The landlord’s best protection is a flawless notice, provable service, and readiness for the tenant’s redemption right.
Local Rules and Special Tenancies
State law is the floor. While Virginia does not have the dense city-by-city rent-control overlays some states do, certain localities and housing types add requirements on top of the Virginia Residential Landlord and Tenant Act, and skipping them is its own defect. If the property sits in one of these categories, the added rules govern how a landlord may proceed.
The most common overlays involve public and subsidized housing, where federal program rules can require a good-cause standard and longer or specific notices; manufactured-home communities, governed by their own chapter of Title 55.1 with distinct notice periods; and localities with rent-relief or eviction-diversion requirements that can affect the sequence in a nonpayment case. Some jurisdictions also operate rent-relief or mediation programs that a landlord may need to engage before or during an unlawful detainer.
Check the property type and locality before serving
A notice that satisfies the general residential statute can still fall short for a subsidized unit, a manufactured-home lot, or a locality with a diversion requirement. Before serving any notice, confirm whether the specific property type or locality adds a longer notice, a good-cause standard, or a program step — and follow it, because the more protective rule controls.
Takeaway
Virginia leans on a statewide framework, but public and subsidized housing, manufactured-home communities, and localities with diversion or rent-relief rules add their own requirements. Confirm the property type and locality before serving, and follow the more protective rule.
No Self-Help: Lockouts Are Illegal
One rule admits no exceptions: in Virginia, a landlord may never remove a tenant by self-help, no matter how far behind the rent is or how egregious the conduct. Under Code of Virginia section 55.1-1243.1, a landlord may not, willfully and without authority from the court, remove or exclude the tenant from the dwelling unit, interrupt an essential service such as heat, water, or electricity, or take action to make the premises unsafe for habitation.
The penalties are steep and personal to the landlord. A landlord who violates section 55.1-1243.1 is liable to the tenant for the tenant’s actual damages, plus statutory damages of five thousand dollars or four months’ rent, whichever is greater, plus reasonable attorney fees, and the court may terminate the rental agreement and order the security deposit returned. A self-help lockout can turn a routine, winnable eviction into a lawsuit the landlord loses — and pays for. The only lawful way to remove a tenant is the court process ending in a sheriff-executed writ of eviction.
Takeaway
Self-help eviction is illegal under section 55.1-1243.1: no lock changes, no utility shutoffs, no making the unit unsafe. Violators owe actual damages plus statutory damages of five thousand dollars or four months’ rent, whichever is greater, and attorney fees. The only lawful removal is a sheriff-executed writ after a court judgment.
The Virginia Landlord Playbook
Put the whole framework into a repeatable sequence and an eviction becomes a disciplined, winnable process instead of a gamble. Follow these steps every time.
Pin down the ground and the right notice
Decide whether this is nonpayment, a curable breach, a repeat or non-remediable breach, a criminal or willful safety threat, or a no-fault month-to-month ending — then choose the matching notice under section 55.1-1245 or section 55.1-1253. Using the wrong notice is a defect.
Get the content exact
State the tenant name, address, and precise ground. For pay-or-quit, demand only the rent actually due. For a curable breach, describe it specifically and state both the twenty-one-day cure right and the thirty-day termination date. Date the notice.
Deliver so you can prove receipt
Prefer personal delivery; if you mail, allow transit time and keep the receipt; if you post, also mail a copy. Record who served it, how, when, and where, because the cure and pay clocks run from receipt.
Count the days and wait them out
Let the fourteen-day pay window, the twenty-one-day cure period, or the thirty-day termination date fully pass before filing. Never file the unlawful detainer before the last day of the notice period.
File in general district court and let the sheriff execute
File the summons for unlawful detainer, appear on the return date, and be ready for a redemption tender in a nonpayment case. If you win, request the writ of eviction and let the sheriff carry it out — never a personal lockout.
Need the notice itself?
A ready-to-fill notice keeps the required fields in place. See our free Virginia fourteen-day notice to pay rent or quit form, the Virginia notice to vacate, and our eviction notice laws by state hub. Always tailor the details to your unit and verify current law before serving.
Defensible Versus Fatal: Common Scenarios
✓ Usually Defensible
- Exact pay-or-quit. A fourteen-day notice demanding only the past-due rent, delivered so receipt is provable, with the full fourteen days allowed to pass before filing.
- Specific 21/30 cure notice. A notice naming the precise lease breach, stating the twenty-one-day cure right and the thirty-day termination date, with the tenant failing to cure.
- Documented repeat breach. A thirty-day unconditional notice after the same breach recurs within six months of a valid first cure notice.
- Sheriff-executed writ. Waiting for judgment, the ten-day appeal period, and the sheriff’s execution — never a personal lockout.
✕ Likely Fatal
- Overstated rent. A pay-or-quit notice demanding more than the rent actually owed, or adding charges that are not rent.
- Skipped cure period. Treating an ordinary curable breach as immediate, with no twenty-one-day cure window, where the law requires one.
- Filed too early. Filing the unlawful detainer before the fourteen-day, twenty-one-day, or thirty-day period has fully run.
- Self-help lockout. Changing the locks or shutting off utilities — illegal under section 55.1-1243.1, with statutory damages of five thousand dollars or four months’ rent.
The Best Eviction Is the One You Never File
Most eviction disputes trace back to a tenant who showed red flags before move-in. Comprehensive credit, income, and eviction-history reports catch prior evictions and payment problems before you ever sign a lease.
Frequently Asked Questions
How many days is a Virginia eviction notice for nonpayment of rent?
Fourteen days. When rent is unpaid, a Virginia landlord serves a fourteen-day notice to pay rent or quit under Code of Virginia section 55.1-1245(F). If the tenant pays all the rent due within those fourteen days, the tenancy continues and the landlord cannot proceed. If the tenant does not pay, the rental agreement terminates and the landlord may file an unlawful detainer in the general district court. This fourteen-day period took effect July 1, 2026, when Senate Bill 48 and House Bill 15 amended section 55.1-1245(F); the old five-day period is superseded, so a notice that still demands payment within five days is defective. Always verify the current statute before serving.
Are the fourteen days in a Virginia pay-or-quit notice calendar days or business days?
Calendar days. Code of Virginia section 55.1-1245(F) gives the tenant fourteen days after the written notice is served to pay the rent due, a period that took effect July 1, 2026 and replaced the former five-day window. The count is measured in calendar days, though a Virginia rule extends a deadline that falls on a Saturday, Sunday, or legal holiday to the next business day. A landlord should serve the notice cleanly, keep proof of when it was served, and not file the unlawful detainer until the fourteen days have fully passed. Filing early gives the tenant a defense.
What is the tenant’s right of redemption in Virginia?
The right of redemption lets a Virginia tenant stop a nonpayment eviction by paying everything owed. Under Code of Virginia section 55.1-1250, a tenant may pay, or present to the court a redemption tender for, all rent due and owing as of the return date, including late charges, attorney fees, and court costs, at or before the first return date on the unlawful detainer, and the case is dismissed. Payment can also be made no less than forty-eight hours before the scheduled execution of the writ of eviction. A landlord who owns four or fewer rental units may limit a tenant to using the right of redemption once per lease period. This makes nonpayment eviction in Virginia a pay-and-stay process up to a late point in the case.
How long is a Virginia notice to cure a lease violation?
For a remediable breach, the landlord serves a notice under Code of Virginia section 55.1-1245(C) that specifies the acts or omissions constituting the breach and states that the rental agreement will terminate on a date not less than thirty days after the tenant receives the notice if the breach is not remedied within twenty-one days. This is the twenty-one/thirty notice: the tenant has twenty-one days to fix the problem, and if it is not fixed the tenancy ends thirty days after receipt. If the same or a substantially similar breach recurs within six months, the landlord may serve a thirty-day notice with no right to cure the second time.
When can a Virginia landlord use an unconditional notice with no chance to cure?
Two situations. First, if a breach is not remediable, the landlord may serve a notice under Code of Virginia section 55.1-1245(C) stating that the rental agreement will terminate on a date not less than thirty days after receipt, with no cure option. A repeat of the same breach within six months of the first notice is treated this way as well. Second, if the tenant commits a criminal or willful act that is not remediable and poses a threat to health or safety, section 55.1-1245(E) allows the landlord to terminate the rental agreement immediately and proceed. Immediate termination is reserved for genuinely dangerous conduct; an ordinary lease violation must go through the twenty-one/thirty cure process.
How much notice ends a month-to-month tenancy in Virginia?
At least thirty days. Under Code of Virginia section 55.1-1253, either the landlord or the tenant may terminate a month-to-month tenancy by serving written notice on the other at least thirty days prior to the next rent due date. This is a no-fault ending of a periodic tenancy and does not require a reason. A separate rule requires sixty days’ notice when the owner of a multifamily property is discontinuing a large share of its month-to-month tenancies at once, and that exception does not apply where the tenant has failed to pay rent. For a routine month-to-month termination, thirty days ending on a rent due date is the rule.
Can a Virginia landlord change the locks or shut off utilities to force a tenant out?
No. Self-help eviction is illegal in Virginia. Under Code of Virginia section 55.1-1243.1, a landlord who, willfully and without authority from the court, removes or excludes a tenant, interrupts an essential service such as heat, water, or electricity, or takes action to make the premises unsafe for habitation is liable to the tenant. The tenant may recover actual damages, statutory damages of five thousand dollars or four months’ rent, whichever is greater, and reasonable attorney fees, and the court may terminate the rental agreement and order the deposit returned. The only lawful way to remove a tenant is a court judgment in an unlawful detainer, after which the sheriff executes a writ of eviction.
What is an unlawful detainer in Virginia?
An unlawful detainer is the court lawsuit a Virginia landlord files to regain possession after a notice period expires without the tenant paying, curing, or leaving. It is filed in the general district court for the city or county where the property sits, on a summons for unlawful detainer. The tenant is served and the court sets a return date, often within about three weeks. If the landlord proves the case, the court enters judgment for possession, and the landlord may then request a writ of eviction that the sheriff executes. There is no lawful eviction in Virginia without this court process.
How does the writ of eviction work in Virginia?
After the court enters a judgment for possession, the landlord requests a writ of eviction, which the clerk issues and delivers to the sheriff. The sheriff must give the tenant written notice of the intended eviction at least seventy-two hours before executing the writ, and the writ cannot be executed while the tenant’s ten-day appeal period is still running. As a general matter the writ must be executed within thirty days of its issuance, or the landlord may need a new one. The sheriff, not the landlord, carries out the physical eviction; a landlord who acts on his own commits an illegal self-help eviction.
Can a Virginia landlord evict in retaliation?
No. Under Code of Virginia section 55.1-1258, a landlord may not retaliate against a tenant who has complained to a governmental agency about a building or housing code violation, made a written complaint to or filed an action against the landlord, organized or joined a tenants’ organization, or testified against the landlord in a proceeding. Prohibited retaliation includes raising the rent or fees, decreasing services, harassing the tenant, refusing to renew, or bringing or threatening an action for possession. A tenant may raise retaliation as a defense to an eviction and recover actual damages. Timing an eviction right after a protected complaint is a fast way to lose an otherwise valid case.
Can a Virginia landlord evict during a fixed-term lease?
Only for cause. During a fixed-term lease a landlord cannot use a thirty-day month-to-month termination to end the tenancy early. The landlord must have a ground, such as nonpayment or a lease breach, and serve the matching notice under Code of Virginia section 55.1-1245, or wait until the term ends. When a fixed lease expires and the tenant remains with the landlord’s consent, the tenancy typically continues on a month-to-month basis, and a thirty-day notice under section 55.1-1253 can then end it. The lease itself may also set out how it renews or converts, so read it alongside the statute.
What makes a Virginia eviction notice defective?
Common fatal problems include using the wrong notice for the ground, giving the wrong number of days, overstating the rent in a pay-or-quit notice, failing to describe a lease breach specifically enough for the tenant to cure it, an oral notice where a written one is required, and filing the unlawful detainer before the notice period has fully run. In a nonpayment case, demanding more than the rent actually due undercuts the notice, because the tenant is entitled to know the exact sum needed to redeem. Serve the correct notice, state the facts precisely, count the days correctly, and keep proof of service.
What is the safest way for a Virginia landlord to serve an eviction notice?
Match the notice to the ground and get the details exact. For nonpayment, use the fourteen-day pay-or-quit under Code of Virginia section 55.1-1245(F) and demand only the rent actually due. For a curable breach, use the twenty-one/thirty notice under section 55.1-1245(C) and describe the violation specifically. For a repeat or non-remediable breach, use the thirty-day unconditional notice, and reserve immediate termination for a criminal or willful act that threatens safety under section 55.1-1245(E). Deliver the notice so you can prove receipt, wait out the full period, and never resort to a lockout. A clean notice is the foundation of a winning unlawful detainer.
Screen Before You Sign, Not After You File
Get comprehensive credit, income, and eviction reports on every applicant — catch prior evictions and payment problems before move-in, and keep your units out of the unlawful detainer queue.
Related Virginia Guides and Resources
Published by Tenant Screening Background Check
Established 2004 · 20+ Years · All U.S. States & Territories · Statute-Based · Attorney-Reviewed
A Private Eye Reports™ service trusted by landlords, property managers, and attorneys.
