Virginia Eviction Notice Overview
Virginia's eviction framework is governed by the Virginia Residential Landlord and Tenant Act (VRLTA), codified at Va. Code §55.1-1200 et seq. The state uses a 5-day notice for non-payment under §55.1-1245(A) and a 21-day notice for lease violations under §55.1-1245(C). Virginia does not use a 10-day notice period.
Virginia significantly reformed its eviction laws in 2019, effective July 2020, adding protections for tenants including mandatory acceptance of third-party rent payments, late fee caps, and strengthened anti-retaliation provisions. Virginia uses General District Courts for eviction proceedings (called Unlawful Detainer actions), with independent cities maintaining separate court systems from their surrounding counties. This structure is unique to Virginia among U.S. states.
5 Days
Non-payment notice
$56-$68
Filing fees
21 Days
Lease violations
5-9 wks
Total process
Virginia's Notice Periods Under the VRLTA
Virginia Uses 5/21/30-Day Notices
Virginia's eviction notice periods are 5 days for non-payment, 21 days for lease violations, and 30 days for month-to-month termination. A 10-day notice does not correspond to any Virginia statutory requirement. Using the wrong notice period will result in dismissal.
| Eviction Reason | Notice Period | Statute |
|---|---|---|
| Non-payment of rent | 5 days | Va. Code §55.1-1245(A) |
| Lease violations (first) | 21 days (with cure) | Va. Code §55.1-1245(C) |
| Criminal activity | 30 days (no cure) | Va. Code §55.1-1245(D) |
| Month-to-month termination | 30 days | Va. Code §55.1-1253 |
Virginia Legal Requirements
Virginia's VRLTA establishes detailed requirements for eviction notices.
- Written Notice: Must be in writing under the VRLTA
- Amount Owed: For non-payment, specify exact rent owed
- Correct Period: Use 5 days for non-payment, 21 days for violations
- Third-Party Payments: Must accept rent from government agencies during cure period
- Written Lease: Virginia now requires all tenancies to have a written lease
How to Serve in Virginia
VRLTA Section 55.1-1202 specifies acceptable service methods.
Personal Delivery
Hand-deliver the notice directly to the tenant
Suitable Age Service
Leave with an adult at the dwelling unit
Post and Mail
Post on the door and mail via first-class mail
File Unlawful Detainer
After the notice period expires, file in the General District Court
Virginia Eviction Timeline
Days 1-5: Non-payment notice period. Day 6+: File Unlawful Detainer in General District Court. Days 7-36: Court schedules hearing (21-30 days). Post-judgment: Tenant has 10 days to appeal. Writ of Eviction issued, sheriff executes within 7-15 days.
Total uncontested: 5-9 weeks. Contested with Circuit Court appeal: 3-5 months. Northern Virginia courts (Fairfax, Arlington, Prince William) tend to have the longest scheduling delays due to high caseloads.
Virginia Court Fees
Virginia General District Court fees are set statewide.
| Fee / Cost | Typical Amount |
|---|---|
| GDC Filing Fee | $56 - $68 |
| Service of Process | $12 - $25 |
| Writ of Eviction | $25 - $50 |
| Attorney Fees | $500 - $2,000 |
| Sheriff Lockout | $75 - $200 |
Sample Virginia 5-Day Notice
Below is a preview of a Virginia 5-day non-payment notice under Va. Code §55.1-1245(A).
FIVE-DAY PAY OR QUIT NOTICE
COMMONWEALTH OF VIRGINIA
Pursuant to Va. Code §55.1-1245(A)
TO TENANT(S):
Name: [Full Legal Name]
Address: [Virginia Property Address]
NOTICE
You have FIVE (5) DAYS to pay $[Amount] in unpaid rent or vacate the premises. Failure to comply will result in filing an Unlawful Detainer action in Virginia General District Court.