Eviction notice rules in Virginia
Nonpayment notice
14-day pay-or-quit (CHANGED 2026): if rent is unpaid when due and the tenant fails to pay within 14 DAYS after written notice stating the nonpayment and the landlord's intent to terminate, the landlord may terminate and file for possession (Va. Code § 55.1-1245(F), as amended by HB 15 / SB 48, effective July 1, 2026). The old 5-day rule is repealed — any notice form still reciting 5 days is invalid.
Lease-violation notice
Material noncompliance: at least 30 days' written notice; the rental agreement terminates if the breach is not remedied within 21 days (Va. Code § 55.1-1245(A)).
Unconditional quit (no second chance)
Repeat breach of a like nature within 6 months after a prior cure notice: 30-day termination with no further chance to cure (§ 55.1-1245(B)). Criminal or willful acts by the tenant that threaten health or safety: immediate termination with no notice required (§ 55.1-1245(E)).
No-cause / end-of-tenancy notice
Month-to-month: at least 30 days' written notice before the next rent payment is due, unless the rental agreement says otherwise (Va. Code § 55.1-1253(A)).
How the notice must be served
Written notice served at the tenant's last known place of residence, which may be the dwelling unit; electronic delivery is allowed only if the rental agreement provides for it, with proof of delivery retained (Va. Code § 55.1-1202). The unlawful-detainer summons is served personally, by leaving it with a resident age 16+, or by posting on the premises AND mailing a copy.
Your right to fix it (cure)
Material breaches remedied within 21 days keep the lease alive; rent paid within the 14-day window keeps the tenancy. Only repeat violators and criminal/willful health-safety threats lose the cure right.
How days are counted
Unverified — needs attorney review (no verified rule found on whether weekends/holidays count toward Virginia's notice periods).
After the notice expires
Landlord must file eviction lawsuit; tenant need not leave until court order
Court timeline
Unlawful detainer filed in General District Court; initial hearing must occur as soon as practicable, no more than 21 days after filing (30 if the court cannot hear it sooner); summons served at least 10 days before the return date. After judgment, the writ of eviction is delivered 15-30 days after issuance; once posted, the tenant has 72 hours to vacate before the sheriff removes them. Total contested timeline typically 4-8 weeks.
Retaliation & defenses
Retaliatory conduct prohibited: landlord may not raise rent, cut services, or file for possession in retaliation for code complaints, VRLTA complaints, tenant organizing, or testimony; tenant may assert retaliation as a defense and recover actual damages, but the burden of proving retaliatory intent is on the tenant (Va. Code § 55.1-1258). Federal Fair Housing Act discrimination defense.
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