Virginia Eviction Notice Requirements

Under the Virginia Residential Landlord and Tenant Act, a landlord may terminate for unpaid rent if the tenant does not pay within 14 days after written notice is served. For a material lease violation that can be fixed, the notice gives 21 days to remedy it and states that the lease ends at least 30 days after the tenant receives it. A month-to-month tenancy ends with at least 30 days' written notice before the next rent due date, unless the rental agreement sets a different period.

A nonpayment notice must tell the tenant about the nonpayment and that the landlord intends to terminate the rental agreement if the rent is not paid within the 14-day period. A breach that cannot be remedied supports a 30-day termination notice with no cure, and a repeat of a similar breach the tenant previously fixed also allows a 30-day notice. A criminal or willful act that is not remediable and threatens health or safety can allow immediate termination.

If the tenant does not pay, cure, or leave, the landlord files an unlawful detainer in court. In a case based only on unpaid rent, a tenant who pays all rent owed, plus damages, fees, and court costs, at least 48 hours before the scheduled eviction can have it canceled. Virginia prohibits a landlord from taking possession by cutting off essential services or by refusing the tenant access to the unit without a court order for possession.