Virginia Eviction Notice Overview
Virginia does not use a 7-day eviction notice. Under Va. Code 55.1-1245, landlords must give a 5-day noticefor non-payment of rent. Virginia reformed its eviction procedures through recent legislation, changing notice periods and adding tenant protections. The eviction process is called an 'unlawful detainer' action filed in General District Court.
Virginia's Virginia Residential Landlord and Tenant Act (VRLTA, Va. Code §55.1-1200 et seq.) governs residential rentals. Virginia has 120 counties and 38 independent cities, each with a General District Court. Fairfax County, Prince William County, and the City of Virginia Beach handle high volumes. Virginia has been strengthening tenant protections in recent years, including extended notice periods and a right-to-redeem provision.
5 Days
Notice period
$58 - $87
Filing fee
VA Code
Governing law
General District
Court level
Why Virginia Uses 5 Days, Not 7
Important: Virginia Uses a 5-Day Notice, Not 7
Va. Code 55.1-1245 requires a 5-day notice for non-payment. For lease violations, a 21-day notice to cure applies under 55.1-1245(C). Virginia's notice periods were reformed by recent legislation. A 7-day notice is not the standard Virginia form.
Virginia Notice Periods at a Glance
- 5-Day Notice — Non-Payment (55.1-1245): Tenant has 5 days to pay all rent owed
- 21-Day Notice — Lease Violations (55.1-1245(C)): Tenant has 21 days to cure material noncompliance
- 30-Day Notice — Month-to-Month (55.1-1253): 30 days notice to terminate
- 24-Hour Notice — Criminal Activity: For criminal activity involving a controlled substance
Virginia Notice Requirements
Virginia courts require that eviction notices meet specific content and format standards. An incomplete or incorrectly timed notice will result in dismissal of the eviction case.
Required Notice Content
- Property Address: Full address including unit number, city, and zip code
- Tenant Names: All tenants named on the lease or rental agreement
- Amount Owed or Violation: Exact dollar amount of rent due, or specific description of the lease violation
- Correct Notice Period: 5 days for non-payment as required by Virginia law
- Consequence Statement: That eviction proceedings will be filed if the tenant does not cure or vacate
- Landlord Information: Name and contact information of the landlord or property manager
How to Serve an Eviction Notice in Virginia
Virginia law provides specific methods for serving eviction notices. Proper service and documentation are essential for the court filing.
Personal Delivery
Hand-deliver to the tenant in person.
Posting on Premises
Post on the door in a conspicuous manner and mail a copy.
Certified Mail
Send via certified mail.
Document Service
Prepare proof of service for General District Court.
Virginia Eviction Timeline
The Virginia eviction process follows a specific timeline from notice through court proceedings to enforcement.
Serve 5-day notice per Va. Code 55.1-1245
File unlawful detainer in General District Court
Hearing set within 21 days; tenant served with summons
Hearing held; judgment entered if landlord prevails
Writ of possession issued after 10-day appeal period; sheriff enforces
Virginia evictions take 4-7 weeks uncontested. Contested cases take 7-14 weeks. Northern Virginia courts (Fairfax, Arlington, Prince William) may have longer timelines. Virginia allows tenants to redeem (pay in full) up to 2 times per year.
Virginia Eviction Fees & Costs
Below are the typical costs for an eviction proceeding in Virginia General District Court. Actual fees may vary by county.
| Fee / Cost | Typical Amount |
|---|---|
| General District Court Filing | $58 - $87 |
| Service of Process | $25 - $50 |
| Writ of Possession | $25 - $50 |
| Attorney Fees (optional) | $500 - $2,000 |
| Appeal to Circuit Court | $150 - $250 |
Sample Virginia Eviction Notice
Below is a preview of a Virginia-compliant eviction notice that meets the requirements of Va. Code 55.1-1245.
5-DAY PAY OR QUIT NOTICE
STATE OF VIRGINIA
Pursuant to Va. Code 55.1-1245
LANDLORD:
Name: [Full Legal Name]
Address: [Virginia Address]
TENANT(S):
Name(s): [All Tenant Names]
Rental Address: [Full Property Address]
NOTICE:
You have FIVE (5) DAYS to pay $[Amount] in full or vacate and deliver possession.
VIRGINIA COMPLIANCE NOTE
Virginia requires 5 days for non-payment (Va. Code 55.1-1245), not 7 days. Virginia also provides a right to redeem (pay and stay) up to twice per year.