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Virginia eviction laws

Notices, deadlines, court and tenant rights in Virginia — in plain English.

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Overview

The court case
Unlawful detainer
Court
General District Court for the city or county where the property is located
Main laws
Virginia Residential Landlord and Tenant Act, Va. Code § 55.1-1200 et seq. (esp. §§ 55.1-1202, 55.1-1245, 55.1-1250, 55.1-1253); Va. Code § 8.01-126

Just-cause protection

No statewide law

Virginia has no statewide just-cause rule. A month-to-month tenancy may be ended with written notice (30 days for monthly), and a fixed-term lease may be allowed to expire. Large-scale non-renewals in multifamily properties need 60 days' notice. (Va. Code § 55.1-1253)

Notices before filing, by reason

What a landlord must serve before filing — and what a tenant should expect to receive.

Unpaid rent — 14-Day Pay or Quit Notice (Notice of Nonpayment of Rent)

Serve a written pay-or-quit notice. For notices served on or after July 1, 2026, the tenant gets 14 days (it was 5 days before) to pay all rent owed. If the tenant pays within that time, the landlord cannot terminate for that rent.

14-Day Pay or Quit Notice (Notice of Nonpayment of Rent)

Notice period
14 days
Counting
Count 14 calendar days after the tenant receives the notice (day of service not counted). If served by mail, allow extra days for delivery before relying on the deadline. If the last day falls on a weekend or legal holiday, use the next business day.
Tenant can fix it?
Yes, within the notice period
Must include
  • Tenant name(s) and address
  • Amount of rent owed (list late fees and other charges separately)
  • Statement that if the rent is not paid within 14 days the rental agreement will terminate and the landlord may file an unlawful detainer
  • How and where to pay
  • Landlord name, date and signature
  • From July 1, 2027: a written statement of charges and payments over the tenancy or past 12 months, whichever is shorter (SB 294, 2026)
How to serve
Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing); Post it on the door. Written notice may be hand-delivered, sent by mail, or sent electronically if the lease allows electronic notices. Posting on the main entrance door is used when the tenant cannot be found. Keep proof of service (certificate of service).
Law
Va. Code § 55.1-1245(F) (as amended by HB 15 / SB 48, 2026 Acts ch. 353, effective July 1, 2026); § 55.1-1202
  • Double-check with the court: The 14-day period applies to notices served on or after July 1, 2026. Notices served before that used 5 days. Confirm the exact effective-date wording on law.lis.virginia.gov.
  • From January 1, 2027, landlords with more than four rental units must offer a payment plan before terminating for nonpayment when the arrears are one month's rent or less (HB 95, 2026). VERIFY details.
  • Tenants have a right of redemption: they can stop the eviction by paying all amounts owed (rent, late fees, costs, attorney fees) at or before the first return date, and in some cases up to 2 business days before the eviction (Va. Code § 55.1-1250).
  • Double-check with the court: Service by mail and posting rules in Va. Code § 55.1-1202 for notices.
The tenant broke the lease or rules — 21/30-Day Notice to Remedy or Quit (Material Noncompliance)

For a fixable lease breach, serve a written 21/30-day notice: the tenant has 21 days to fix it or the lease ends 30 days after the notice. If the breach is not fixable, a 30-day notice may end the lease without a chance to cure. A repeat of the same breach after a cure can be ended with a 30-day notice with no cure.

21/30-Day Notice to Remedy or Quit (Material Noncompliance)

Notice period
30 days
Counting
Tenant has 21 calendar days after receiving the notice to remedy; if not remedied, the rental agreement ends on the date stated, at least 30 days after receipt.
Tenant can fix it?
Yes, within the notice period
Must include
  • The specific acts or omissions that are the breach
  • Statement that the lease will terminate on a date at least 30 days after receipt unless the breach is remedied within 21 days
  • Landlord name, date and signature
How to serve
Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing); Post it on the door. Hand delivery, mail, or electronic delivery if the lease allows. Keep proof of service.
Law
Va. Code § 55.1-1245(A)-(B)
  • If the breach is not remediable, a 30-day notice with no cure is allowed. If the tenant repeats a breach that was previously cured, a 30-day no-cure notice may be used (§ 55.1-1245(D)).
The lease ended and the tenant stayed — Notice of Non-Renewal / Termination at End of Lease

A fixed-term lease ends on its end date. Check the lease for any non-renewal notice requirement; many Virginia leases require 30 or 60 days. If the tenant stays after the end date, the landlord may file an unlawful detainer.

Notice of Non-Renewal / Termination at End of Lease

Notice period
30 days
Counting
Give it before the lease ends by the period the lease requires (30 days is common and recommended). The tenancy ends on the lease end date.
Tenant can fix it?
No
Must include
  • Tenant name(s) and address
  • Statement that the lease will not be renewed and ends on a stated date
  • Landlord name, date and signature
How to serve
Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing); Post it on the door. Hand delivery, mail, or electronic delivery if the lease allows.
Law
Va. Code §§ 55.1-1253, 55.1-1251
  • Double-check with the court: State law does not set a fixed non-renewal notice for a lease with an end date unless the lease requires it; many leases convert to month-to-month without notice. A holdover tenant can be liable for rent and damages (§ 55.1-1251).
Ending a month-to-month tenancy (no fault) — 30-Day Notice to Terminate Month-to-Month Tenancy

A month-to-month tenancy is ended by written notice at least 30 days before the next rent due date (unless the lease sets a different period); a week-to-week tenancy by 7 days before the next rent due date. Owners of multifamily properties who will not renew 20 or more tenancies (or 50% of month-to-month tenancies) within 30 days must give 60 days' notice.

30-Day Notice to Terminate Month-to-Month Tenancy

Notice period
30 days (week-to-week: 7 days, month-to-month: 30 days)
Counting
Notice must be served at least 30 days before the next rent due date; the tenancy ends at the end of that rental period.
Tenant can fix it?
No
Must include
  • Tenant name(s) and address
  • Statement that the tenancy ends on a stated date
  • Landlord name, date and signature
How to serve
Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing); Post it on the door. Written notice by hand delivery, mail, or electronic delivery if the lease allows.
Law
Va. Code § 55.1-1253(A)
  • 60 days' notice is required for multifamily owners terminating 20+ tenancies or 50% of month-to-month tenancies within a 30-day period (§ 55.1-1253(B)).
Illegal activity, violence or serious damage — Notice of Immediate Termination (Criminal or Willful Act)

If the tenant commits a criminal or willful act that is not fixable and threatens health or safety, the landlord may terminate immediately with a written notice and file right away. Drug-related offenses and certain crimes qualify.

Notice of Immediate Termination (Criminal or Willful Act)

Notice period
No fixed period
Counting
Effective on service; the landlord may file an unlawful detainer immediately.
Tenant can fix it?
No
Must include
  • Description of the criminal or willful act that threatens health or safety
  • Statement that the rental agreement is terminated immediately
  • Landlord name, date and signature
How to serve
Hand it to the tenant in person; First-class mail; Email (only if the tenant agreed in writing); Post it on the door. Hand delivery is strongly recommended; mail or electronic delivery if the lease allows.
Law
Va. Code § 55.1-1245(C)
  • If the act was by a household member or guest and the tenant is a victim (e.g., domestic violence), special protections apply (§ 55.1-1245(C), § 55.1-1236).

How a tenant responds

No written answer is required before court. The tenant must appear at the first return date on the Summons for Unlawful Detainer (usually 10 to 21 days after filing). At that hearing the tenant can contest the case, ask for a trial date, or pay to redeem. The judge may order a written answer (grounds of defense) if the case is set for trial. If the tenant does not appear, the landlord can get a default judgment.

Deadline: at the hearing (no fixed written-answer deadline) · Va. Code §§ 8.01-126, 55.1-1250

City and local rules

  • Virginia cities and counties cannot add their own eviction notice rules; the VRLTA applies statewide.
  • Some General District Courts (e.g., Richmond, Petersburg, Hampton, Danville) participate in the Virginia Eviction Diversion Program, which may allow a payment plan at the first return date.

Official court forms

Landlords

  • DC-421 — Summons for Unlawful Detainer (Civil Claim for Eviction)
  • DC-422 — Notice of Hearing to Establish Final Rent and Damages

Tenants

  • DC-425 — Petition for Expungement of Unlawful Detainer

All Virginia forms →

Sources

Checked 2026-09. General information, not legal advice; laws change and courts differ. We strive for accuracy but don’t guarantee it.