A Virginia 30 Day Notice of Termination evicts a tenant for a repeat lease violation or committing a willful, criminal act on the premises. The tenant is not given an opportunity to take corrective action, and must move out within thirty (30) calendar days of receiving notice.
When To Use a Virginia 30 Day Notice of Termination
A Virginia 30 Day Notice of Termination begins an eviction in these situations:
If the tenant repeats a violation for which there has been a previous notice of noncompliance (or one substantially similar)
If the tenant commits a willful, criminal act that threatens the health or safety of other persons on the premises
Some types of Virginia lease termination notice may allow different reasons for termination, or different notice periods. This may also apply to an eviction notice issued because of a lease or legal violation.
How To Write a Virginia 30 Day Notice of Termination
To help ensure the legal compliance of a Notice of Termination:
Use the full name of the receiving party, and address of record, if known
Specify the basis upon which the tenancy will terminate
Specify the termination date of the lease or tenancy
Fill in the full address of the rental premises
Provide updated/current address and phone number information
Print name and sign the notice
Complete the certificate of service by indicating the date and method of notice delivery, along with printed name and signature
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered, not when it’s sent.
How To Serve a Virginia 30 Day Notice of Termination
Virginia landlords and tenants may deliver a Notice of Termination using any of these methods:
Hand delivery to the other party
Hand delivery to a person at least age 16 on the property who can accept the notice on behalf of the other party
Posting at a conspicuous place on the premises, such as the entry door, PLUS delivery by first class mail with a certificate of mailing
To account for variable delivery times, mailed notice extends the notice period by three (3) calendar days.
In almost all cases, notice is legally served when it is received by the other party, NOT when it’s sent. Check specified date of termination carefully to ensure compliance with the legal requirements for a notice period.
If the tenant has been served with a prior written notice that required the tenant to remedy a breach, and the tenant remedied such breach, where the tenant intentionally commits a subsequent breach of a like nature as the prior breach, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the subsequent breach, make reference to the prior breach of a like nature, and state that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.
If the tenant commits a breach that is not remediable, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice. Notwithstanding anything to the contrary, when a breach of the tenant’s obligations under this chapter or the rental agreement involves or constitutes a criminal or a willful act that is not remediable and that poses a threat to health or safety, the landlord may terminate the rental agreement immediately and proceed to obtain possession of the premises.
Subject to the provisions of § 8.01-286.1, in any action at law or in equity or any other civil proceeding in any court, process, for which no particular mode of service is prescribed, may be served upon natural persons as follows:1. By delivering a copy thereof in writing to the party in person; or2. By substituted service in the following manner: a. If the party to be served is not found at his usual place of abode, by delivering a copy of such process and giving information of its purport to any person found there, who is a member of his family, other than a temporary sojourner or guest, and who is of the age of 16 years or older; orb. If such service cannot be effected under subdivision 2 a, then by posting a copy of such process at the front door or at such other door as appears to be the main entrance of such place of abode, provided that not less than 10 days before judgment by default may be entered, the party causing service or his attorney or agent mails to the party served a copy of such process and thereafter files in the office of the clerk of the court a certificate of such mailing. In any civil action brought in a general district court, the mailing of the application for a warrant in debt or affidavit for summons in unlawful detainer or other civil pleading or a copy of such pleading, whether yet issued by the court or not, which contains the date, time and place of the return, prior to or after filing such pleading in the general district court, shall satisfy the mailing requirements of this section.