Eviction notices in Virginia
Source: Va. Code § 55.1-1245; § 55.1-1200; § 55.1-1202; § 55.1-1250; § 55.1-1252; § 8.01-126; § 8.01-129 · Checked against the statute
- Unpaid rent
- 14 days (pay or move out)
- Lease violation
- 30 days (fix it or move out)
- Serious or repeat violation
- 30 days
Virginia eviction notice deadline
Choose the state, the type of notice and the date it was served.
Notice for unpaid rent
If rent is unpaid when due, the landlord may serve written notice that the lease will terminate if rent is not paid within 14 days; if the tenant does not pay within 14 days, the landlord may terminate and seek possession (Va. Code § 55.1-1245(F)). The period rose from 5 to 14 days effective July 1, 2026. A bounced check or rejected payment also triggers a 14-day notice requiring payment by cash, cashier's check, certified check or completed electronic transfer.
Can the tenant pay to stop it? The tenant can stop the termination by paying the rent within 14 days after the notice is served. In court the tenant can also redeem by paying everything owed at or before the first return date, or up to 48 hours before a scheduled eviction.
- Type:
- Pay or move out
- Notice period:
- 14 days
- Law:
- Va. Code § 55.1-1245(F)
Notice for a lease violation
For a material lease violation or a violation of § 55.1-1227 materially affecting health and safety, the landlord serves written notice that the lease will terminate on a date at least 30 days after receipt if the breach is not remedied in 21 days (Va. Code § 55.1-1245(A), (B)).
Chance to fix it: The tenant has 21 days after receiving the notice to remedy a fixable breach; if remedied, the lease does not terminate.
- Type:
- Fix it or move out
- Notice period:
- 30 days
- Law:
- Va. Code § 55.1-1245(A)-(B)
Serious, repeat or illegal-activity violations
For a non-remediable breach, or an intentional repeat of a like breach after a prior remedied notice, the landlord may give notice terminating the lease at least 30 days after receipt (Va. Code § 55.1-1245(C), (E)). For a criminal or willful non-remediable act that threatens health or safety (including illegal drug activity), the landlord may terminate immediately and seek possession; the initial hearing is held within 15 calendar days of service (§ 55.1-1245(C)).
When it applies: A breach that cannot be remedied, or a repeat of a similar breach the tenant already fixed after a prior notice.
- Notice period:
- 30 days
- Law:
- Va. Code § 55.1-1245(C), (E)
How the days are counted
When an act must be done within a time after an event, the day of the event is not counted (Va. Code § 1-210(A)). If the last day for an act in a court proceeding falls on a Saturday, Sunday, legal holiday or a day the clerk's office is closed, it moves to the next business day (§ 1-210(B), (E)). The landlord-tenant act adds no extra days for mailed notices.
How the notice must be delivered
Written notice by regular mail or hand delivery, with the sender keeping a certificate of service as proof (Va. Code § 55.1-1200, definition of "notice"); served at the tenant's last known residence, which may be the unit (§ 55.1-1202(B)). Electronic notice is allowed if the rental agreement provides for it, but the tenant may opt for paper (§ 55.1-1202(A)). A sheriff may deliver notices on request (§ 55.1-1247).
If the tenant doesn't pay, fix it or leave
The landlord files a summons for unlawful detainer in general district court. The initial hearing must be within 21 days of filing (no later than 30 days), and the summons must be served at least 10 days before the return date (Va. Code § 8.01-126). The court cannot order possession without the termination notice in evidence (§ 8.01-126(D)). Either party may appeal within 10 days (§ 8.01-129). A sheriff serves notice at least 72 hours before executing a writ of eviction (§ 8.01-129(B)). Landlords may not recover possession by cutting essential services or locking the tenant out without a court order (§ 55.1-1252).
Also good to know
- Effective July 1, 2027 (2026 Acts ch. 1105), landlords with more than four units must, when arrears are no more than one month's rent plus late charges, offer a payment plan (equal installments over up to six months) with the nonpayment notice; the tenant has 14 days to pay in full or accept the plan (§ 55.1-1245(G), version eff. July 1, 2027).
- Effective July 1, 2027 (2026 Acts chs. 783, 784), a nonpayment termination notice is not effective unless it includes a written statement of charges and payments for the tenancy or the past 12 months (§ 55.1-1202(E), version eff. July 1, 2027).
- Tenant's right of redemption: pay all rent, late charges, fees and costs at or before the first return date, or up to 48 hours before the scheduled eviction (§ 55.1-1250). A landlord with four or fewer units may limit redemption to once per lease period with written notice.
- HUD-subsidized tenants may need a 30-day nonpayment notice under federal rules (DHCD sample notice).
Related
- Virginia notice to end a month-to-month tenancy (no-cause notice by tenant or landlord)
- Virginia security deposit law: deadlines after move-out
- Federal 30-day notice for covered properties (CARES Act)
Sources
- Va. Code § 55.1-1245 Retrieved October 13, 2026.
- Va. Code § 55.1-1200 Retrieved October 13, 2026.
- Va. Code § 55.1-1202 Retrieved October 13, 2026.
- Va. Code §§ 55.1-1246 to 55.1-1252 (Article 5) Retrieved October 13, 2026.
- Va. Code § 8.01-126 Retrieved October 13, 2026.
- Va. Code § 8.01-129 Retrieved October 13, 2026.
- Va. Code § 1-210 Retrieved October 13, 2026.
- Powhatan General District Court: Notice on 14-day pay or quit (eff. July 1, 2026) Retrieved October 13, 2026.
- DHCD Virginia Residential Landlord and Tenant Act handbook (July 1, 2026) Retrieved October 13, 2026.
- DHCD sample nonpayment notice (2026) Retrieved October 13, 2026.
Laws change. This page was checked against the sources above on October 13, 2026. It is legal information, not legal advice; if you have an eviction case, contact your state's legal aid. See our methodology.