Virginia Eviction Notice Overview
Virginia Requires 5-Day Notice, Not 3-Day
Under Va. Code §55.1-1245, Virginia landlords must give 5 days' notice for non-payment of rent. A 3-day notice is legally insufficient. The 5-day period runs from delivery and the tenant may pay in full to cure. Recent Virginia law changes have strengthened tenant protections.
Virginia's eviction process for non-payment is governed by the VRLTA, Va. Code §55.1-1200 et seq. Section 55.1-1245 requires a 5-day written notice to pay rent or quit. A 3-day notice is not valid in Virginia for non-payment of rent. The VRLTA applies to most residential tenancies, though some properties may be exempt.
Virginia evictions (called unlawful detainer actions) are filed in general district court. Northern Virginia (Fairfax, Arlington, Prince William), Hampton Roads (Virginia Beach, Norfolk), and Richmond see the highest volumes. Virginia does not have rent control, but several jurisdictions have explored additional tenant protections. The VRLTA applies statewide with some local variations.
5 Days
Pay or quit period
$55-$150
Filing fees
Written
Notice required
3-5 wks
Court process
Virginia Legal Requirements
Virginia's 5-day notice must comply with the VRLTA. The notice must be in writing and include the specific rent amount owed. Virginia has specific rules about what charges can be included.
Required Notice Elements
- Written Notice: Must be in writing per Va. Code §55.1-1245
- 5-Day Period: 5 days from service to pay or vacate
- Rent Amount: Exact past-due rent. Virginia restricts what charges can be included
- Tenant Names: All tenants on the lease
- Property Address: Complete rental property address
- Landlord Information: Landlord or agent contact details
How to Serve an Eviction Notice in Virginia
Virginia permits personal delivery, posting at the rental property, and mailing. General district courts require proof of proper service.
Prepare the 5-Day Notice
Verify rent amount. Virginia law restricts inclusion of fees and charges in the demand.
Personal Delivery
Hand deliver to the tenant or an authorized person at the residence.
Post and Mail
If personal delivery fails, post on the premises and mail a copy to the tenant.
Document Service
Record date, time, and method for the general district court filing.
File Unlawful Detainer After 5 Days
If the tenant does not pay or vacate, file an unlawful detainer in general district court.
Virginia Eviction Timeline
After the 5-day notice, the landlord files in general district court. A return date is typically set 21-30 days after filing. The tenant is served with the summons.
At the hearing, the court determines if eviction is warranted. If the landlord wins, a writ of possession is issued. The tenant has 10 days to appeal to circuit court.
Total time: 4-7 weeks (uncontested) or 2-4 months (contested). Northern Virginia courts may have longer wait times. Virginia's redemption right allows tenants to pay and stop eviction up to certain deadlines.
Virginia Court Fees & Costs
Below are the typical costs associated with the eviction process in Virginia. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| General District Court Filing | $55 - $150 |
| Service of Summons | $25 - $50 |
| Writ of Possession | $25 - $60 |
| Attorney Fees (optional) | $500 - $2,500 |
| Sheriff Execution | $50 - $150 |
Sample Virginia Eviction Notice
Below is a preview of the Virginia-compliant eviction notice.
5-DAY PAY OR QUIT NOTICE
STATE OF VIRGINIA
Pursuant to Va. Code §55.1-1245
TO TENANT(S):
Name: [Full Legal Name]
Address: [Virginia Property Address]
RENT DEMAND:
Past-due rent: $[Amount]
Period: [Month/Year]
NOTICE
You have FIVE (5) DAYS from delivery to pay the full past-due rent of $[Amount] for [Month/Year] or quit and surrender possession. Failure to comply will result in the filing of an unlawful detainer action.