A Virginia 30 Day Notice To Vacate is a letter that complies with state legal requirements to terminate a tenancy. In Virginia, this notice terminates a rental agreement, including a month-to-month or year-to-year lease. The non-terminating party must receive notice at least thirty (30) calendar days before the date of termination.
When To Use a Virginia 30 Day Notice To Vacate
A Virginia 30 Day Notice To Vacate terminates the following types of tenancy:
- Any generic rental agreement (e.g., month-to-month or year-to-year lease)
- An expired lease
- A rental with no written lease where the tenant pays rent on a monthly basis
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 Vacate
To help ensure the legal compliance of a Notice To Vacate:
- 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 To Vacate
Virginia law isn’t strict or specific on method of delivery for a lease termination notice, except that it must be in writing, and that electronic notice is allowed if provided for in the rental agreement. Notice must be delivered in the landlord’s case to the address of record or place where the rental agreement was made, and in the tenant’s case to the last known place of residence.
For maximum legal compliance, these are the methods of service accepted for an action in court:
- Hand delivery to the other party
- Only if personal service is not possible: Hand delivery to a family member at least age 16 who is residing at the property
- 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.
Sources
- 1 VA Code § 55.1-1253(A)
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The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period.
Source Link - 2 Va. Code § 55.1-1202(A) & (B)
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A. If the rental agreement so provides, the landlord and tenant may send notices in electronic form; however, any tenant who so requests may elect to send and receive notices in paper form. If electronic delivery is used, the sender shall retain sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.
B. In the case of the landlord, notice is served on the landlord at his place of business where the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication.
Source Link - 3 VA Code § 8.01-296
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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. Source Link - 4 Virginia Supreme Court Rules of Civil Procedure - Rule 1:7(c)
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Three days will be added to the prescribed time if the paper is served by mail. With respect to Parts Five and Five A of the Rules, this Rule applies only to the time for filing a brief in opposition.
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