Virginia 30 Day Notice To Comply or Vacate

Last Updated: March 6, 2024 by Roberto Valenzuela

Virginia 30 Day Notice To Comply or Vacate evicts a tenant for a lease violation, such as failing to maintain the premises in a clean and sanitary manner. The tenant must take appropriate corrective action or else move out within thirty (30) calendar days of receiving notice.

When To Use a Virginia 30 Day Notice To Comply or Vacate

A Virginia 30 Day Notice To Comply or Vacate begins an eviction in these situations:

  • If the tenant failed to maintain the rental unit in a clean and sanitary manner
  • If the tenant allowed unauthorized occupants to reside in the rental unit
  • If the tenant parked in an unauthorized area on the premises
  • If the tenant violated any other provisions of the lease

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 To Comply or Vacate

To help ensure the legal compliance of a Notice To Comply or Vacate:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the basis upon which the tenancy will terminate
  3. Specify the termination date of the lease or tenancy
  4. Fill in the full address of the rental premises
  5. Provide updated/current address and phone number information
  6. Print name and sign the notice
  7. 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 To Comply or Vacate

Virginia law isn’t strict or specific on method of delivery for an initial eviction notice. The law requires notice in writing. Electronic notice is allowed if provided for in the rental agreement, although the tenant can opt into paper notice upon request. Notice must be delivered to the tenant’s last known place of residence.

For maximum legal compliance, these are the methods of service accepted for an action in court:

  1. Hand delivery to the tenant
  2. Only if personal service is not possible: Hand delivery to a family member at least age 16 who is residing at the property
  3. Only if no form of hand delivery is possible: Posting the notice at the front door or entrance of the property, PLUS mailed notice by first class mail including a certificate of mailing

Mailed notice extends a notice period by (3) calendar days, to account for variable delivery times.

Once an eviction action is filed in court, serving the summons on the tenant will require one of the methods specified, and electronic notice will not be allowed.