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A Virginia eviction notice is a landlord's written notice ending a tenancy. If rent goes unpaid, Va. Code Ann. § 55.1-1245 gives the tenant 14 days after written notice. Landlords need it before seeking possession, especially after unpaid rent or a lease breach.
This page sets out each Virginia notice period by reason, what the notice says, how it is served, and what happens in court afterward. Rules for other states are on the eviction notice hub.
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A Virginia eviction notice gives the tenant 14, 21, 30 or 7 days, or allows immediate termination, depending on the reason, when served under Va. Code Ann. § 55.1-1245 or § 55.1-1253. The reason for ending the tenancy sets the period, and the table lists each one with the section behind it.
| Reason | Notice period and condition | Section |
|---|---|---|
| Unpaid rent (pay or quit) | 14 days after written notice is served, if rent is unpaid when due | Va. Code Ann. § 55.1-1245 |
| Lease breach that can be fixed (21/30 notice) | 21 days to cure; if not cured, the agreement ends on a date not less than 30 days after receipt | Va. Code Ann. § 55.1-1245 |
| Breach that cannot be fixed | A date not less than 30 days after receipt, when the breach is not remediable | Va. Code Ann. § 55.1-1245 |
| Criminal or willful act that threatens health or safety | Immediate termination, when the act is not remediable | Va. Code Ann. § 55.1-1245 |
| Week-to-week tenancy, no cause | At least seven days before the next rent due date, when either party ends it | Va. Code Ann. § 55.1-1253 |
| Month-to-month tenancy, no cause | At least 30 days before the next rent due date, unless the rental agreement provides for a different notice period | Va. Code Ann. § 55.1-1253 |
These rules sit in the Virginia Residential Landlord and Tenant Act, Title 55.1, Chapter 12 of the Code of Virginia.
A Virginia eviction notice is sometimes called a notice to quit, a notice to vacate, or a notice of non-compliance, depending on why the tenancy is ending.
The 14-day pay or quit notice tells the tenant that rent is unpaid and that the landlord intends to terminate the rental agreement if the rent is not paid within 14 days after the notice is served (Va. Code Ann. § 55.1-1245).
If the tenant fails to pay within that period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises under Va. Code Ann. § 55.1-1245. When the notice is for unpaid rent, the 14 days count from service of the written notice (Va. Code Ann. § 55.1-1245), so the service date belongs in the landlord's records.
The nonpayment period in Va. Code Ann. § 55.1-1245 is 14 days after written notice, not 5, if rent is unpaid when due. A form labeled as a five-day pay or quit notice therefore does not match the period in the current text of that section, and a landlord who counts five days risks a notice that ends too early.
When an electronic funds transfer for rent is rejected for insufficient funds, or the payer places a stop-payment order in bad faith, the 14-day notice may ask for payment by cash, cashier's check, certified check, or a completed electronic funds transfer (Va. Code Ann. § 55.1-1245).
If the tenant does not pay by one of those methods within the 14-day period, the landlord may terminate the rental agreement and proceed to obtain possession (Va. Code Ann. § 55.1-1245).
The 21/30 notice names the acts and omissions that breach the lease and states that the rental agreement will terminate on a date not less than 30 days after the tenant receives it, if the breach is not remedied in 21 days (Va. Code Ann. § 55.1-1245).
If the breach is remediable by repairs, the payment of damages or otherwise, and the tenant adequately remedies it before the date in the notice, the rental agreement does not terminate (Va. Code Ann. § 55.1-1245). Typical cases are damage a repair can put right or a loss that a payment of damages covers.
The unconditional quit notice applies when the tenant commits a breach that is not remediable: it specifies the acts and omissions and states that the rental agreement will terminate on a date not less than 30 days after receipt (Va. Code Ann. § 55.1-1245). This notice offers the tenant no chance to cure.
An immediate termination notice fits a breach that involves or constitutes a criminal or willful act that is not remediable and poses a threat to health or safety: in that case the landlord may terminate the rental agreement immediately and proceed to obtain possession (Va. Code Ann. § 55.1-1245).
Immediate termination still runs through the court: the landlord may not refuse the tenant access to the unit unless a court order for possession allows it (Va. Code Ann. § 55.1-1252).
A 30-day notice to vacate ends a month-to-month tenancy when the landlord or the tenant serves it in writing at least 30 days before the next rent due date, unless the rental agreement provides for a different notice period (Va. Code Ann. § 55.1-1253).
The section names no reason the notice has to give, and it works the same for the landlord and the tenant, when either one ends a month-to-month tenancy (Va. Code Ann. § 55.1-1253). The count runs to the next rent due date, so the date the notice is served decides which rental period it can end.
The sources behind this page hold no notice rule for a fixed-term lease that ends on its stated date; the lease's own terms are the place to check, and a Virginia lease agreement usually spells out what happens at the end of the term.
A week-to-week tenancy ends when the landlord or the tenant serves a written notice on the other at least seven days before the next rent due date (Va. Code Ann. § 55.1-1253).
A Virginia eviction notice's content depends on the ground: a breach notice names the acts and omissions and a termination date, a nonpayment notice names the nonpayment and the intention to terminate, and a no-cause periodic notice needs no reason (Va. Code Ann. § 55.1-1245, § 55.1-1253).
A termination notice from a private landlord to a tenant who receives tenant-based rental assistance, such as a Housing Choice Voucher, is not effective unless its first page shows the statewide legal aid telephone number and website address, in type no smaller or less legible than the rest of the notice (Va. Code Ann. § 55.1-1202).
A termination notice from a public housing authority is not effective unless its first page shows the name, address and telephone number of the legal aid program, if any, serving the jurisdiction where the premises is located (Va. Code Ann. § 55.1-1202).
When a public housing authority issues a notice of nonpayment of rent, it also gives the tenant written information on pink or orange paper explaining how to recertify income, report changes in income, request a minimum rent hardship exemption and file grievances (Va. Code Ann. § 55.1-1245). If it issues such notices, the authority also posts that information in conspicuous locations in each public housing community under its authority (Va. Code Ann. § 55.1-1245).
A Virginia eviction notice is filled out in eight steps, from the parties' names to the signature, and each entry follows the ground chosen for ending the tenancy.
Example entries: Landlord: Jane Doe. Tenant: John Roe. Premises: 100 Sample Street, Apt. 2, Richmond, Virginia. Ground: unpaid rent for one month. Termination: if rent is not paid within the period stated in the notice.
A Virginia eviction notice goes to the tenant's last known place of residence, which may be the rental unit itself, when the landlord serves it on the tenant (Va. Code Ann. § 55.1-1202).
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A Virginia eviction notice is only the first step: an action for possession in court follows if the tenant neither pays, cures nor leaves, and the landlord may not take the unit back alone (Va. Code Ann. § 55.1-1252).
A Virginia landlord may not recover or take possession of the dwelling unit by willfully interrupting an essential service the rental agreement requires, or by refusing the tenant access to the unit, unless the refusal follows a court order for possession (Va. Code Ann. § 55.1-1252).
The landlord's action for immediate possession, after a criminal or willful act that is not remediable and threatens health or safety, has its own hearing limits under Va. Code Ann. § 55.1-1245. In that action only, the initial hearing is held within 15 calendar days from the date of service on the tenant, and earlier when emergency conditions are alleged that threaten the health or safety of other tenants (Va. Code Ann. § 55.1-1245). A subsequent hearing or contested trial in that action is heard no later than 30 calendar days from the date of service on the tenant (Va. Code Ann. § 55.1-1245). If the court fails to hold either of those hearings within those limits, that failure is not a basis for dismissal of the case (Va. Code Ann. § 55.1-1245).
A Virginia lease does not terminate solely due to an act of family abuse against the tenant, where the conditions of Va. Code Ann. § 55.1-1245 are met. That section ties the protection to steps the tenant takes, and its full text sets them out.
No: a Virginia landlord may not take possession by cutting off an essential service or by refusing the tenant access to the unit, unless a court order for possession allows the refusal (Va. Code Ann. § 55.1-1252). The court order is what lets a landlord actually remove a tenant.
A Virginia eviction takes the notice period plus the court stage, and the sources behind this page give no court timeline for an ordinary nonpayment or breach case. Only in the landlord's action for immediate possession after a criminal or willful act that threatens health or safety is the initial hearing held within 15 calendar days from service on the tenant, and a contested trial no later than 30 calendar days from service (Va. Code Ann. § 55.1-1245).
The sections cited on this page set no filing fee for an eviction case, so no cost is stated here. The clerk of the court that hears the case gives its current fees.
The notice periods on this page come from the Code of Virginia, Title 55.1, Chapter 12, and the sources behind this page hold no separate Loudoun County notice rule. A notice for a rental in Loudoun County follows the periods in the table above for the reason at hand.
The 14-day notice lets the landlord terminate only if the tenant fails to pay within the 14-day period (Va. Code Ann. § 55.1-1245). For a breach that can be fixed, the rental agreement does not terminate if the tenant adequately remedies it before the date in the notice (Va. Code Ann. § 55.1-1245).
Yes, if a written agreement delegates the task: the landlord may delegate to a managing agent or other third party the responsibility of providing any written notice under the chapter (Va. Code Ann. § 55.1-1202).
General information, not legal or tax advice.
