Virginia 30 Day Notice To Vacate

Last Updated: March 6, 2024 by Roberto Valenzuela

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:

  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 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.

note
Even with a rental agreement that allows electronic notice, a tenant may at any time opt into notice on paper.

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

  1. Hand delivery to the other party
  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.

     

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