Download Virginia Eviction Notice Templates [PDF]

A Virginia eviction notice is a written document that notifies a tenant that they are required to vacate a rental property within a specified period.

The purpose of an eviction notice is to inform the tenant that they are in breach of their lease agreement and must vacate the premises. It is a necessary step for landlords who wish to take legal action against tenants who have failed to pay rent, violated the lease agreement, or caused damage to the property.

Failure to comply with an eviction notice can lead to legal action, such as court proceedings.

Types of Eviction Notices in Virginia

In Virginia, there are different types of eviction notices available to landlords, such as:

Notice to Pay Rent or Quit

This type of eviction notice is what a landlord can serve on a tenant who fails to pay rent on time. In Virginia, the notice must be served at least five days before the landlord can terminate the rental agreement and proceed to take possession of the premises (§ 55.1-1245(F)).

Non-Compliance

When there is a material breach of the rental agreement or a violation of health and safety codes, the landlord will serve the tenant with a non-compliance eviction notice. The landlord must provide the tenant with a notice of not less than 30 days before terminating the rental agreement if the breach is not remedied in 21 days (§ 55.1-1245(A)).

Month-to-Month

Either the landlord or the tenant can end a month-to-month tenancy by giving written notice to the other party at least 30 days before the next rent payment is due, unless the rental agreement specifies a different notice period (§ 55.1-1253(A)).

Week-to-Week

A week-to-week tenancy can be ended by either the landlord or the tenant with a written notice delivered at least seven days before the next rent due date (§ 55.1-1253(A)).

Eviction Laws and Requirements in Virginia

Here are the essential eviction laws and requirements in Virginia:

When is Rent Late in Virginia?

In Virginia, rent is due on the first day of each month of the tenancy and is late if not paid by the fifth day of the month. 

If the tenant pays rent after the fifth day of the month, the landlord can charge a late fee, which cannot exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant. (§ 55.1-1204)

Grounds for Eviction in Virginia

Grounds for eviction in Virginia include non-payment of rent, violation of building and housing codes, violation of federal, state, or local laws, violation of rental agreement rules, and repeated violations of rental agreement rules. (§ 55.1-1315)

Eviction Process in Virginia

The eviction process goes as follows:

#1. Write a Notice

The landlord must provide written notice to the tenant, indicating the reason for the eviction and giving the tenant a certain amount of time to remedy the situation.

#2. Contest the Eviction

If the tenant disputes the eviction, they can file an answer with the court and request a hearing.

#3. Files the Unlawful Detainer Action

If the tenant does not comply with the notice or respond to the court summons, the landlord can file an unlawful detainer action in court, which initiates the eviction process.

#4. Court Hearing

The court will schedule a hearing where both the landlord and tenant can present their cases. If the judge rules in favor of the landlord, they will issue a writ of possession, which allows the sheriff to physically remove the tenant from the property.

#5. Tenant Vacates the Property

If the tenant voluntarily vacates the property before the eviction, the landlord can still pursue the unpaid rent or damages through a separate civil suit. If the tenant does not vacate the property, the landlord can ask the sheriff to execute the writ of possession and physically remove the tenant from the property. 

Other Eviction-Related Forms in Virginia

Besides the eviction notice, the parties involved in the eviction proceedings utilize additional forms, including:

Eviction Information for Landlords in Virginia

Housing cases, such as evictions, are heard in the General District Court in Virginia. As a landlord, it is important to adhere to strict deadlines and regulations when it comes to eviction proceedings.

Seeking legal advice and checking local court resources is recommended. The Virginia Residential Landlord and Tenant Act Handbook is a helpful resource for landlords to understand their rights and responsibilities. 

Landlords can also find court forms for landlord and tenant actions on the Landlord and Tenant Forms page.

Eviction Information for Tenants in Virginia

Tenants in Virginia have the right to defend themselves in eviction proceedings. If a tenant receives a notice to vacate or a summons for unlawful detainer, they should respond, as a lack of response can result in an automatic eviction judgment in favor of the landlord.

Tenants should seek legal advice, review their lease agreement, and gather evidence to support their case.

There are resources available to help tenants understand their rights and responsibilities, such as Virginia Housing, which offers tenants information on how to learn more about their rights and responsibilities and take steps to ensure they are able to maintain successful tenancies.

How to Write an Eviction Notice in Virginia

Virginia Eviction Notice FAQ