Virginia 5 Day Notice To Quit

Last Updated: January 31, 2024 by Roberto Valenzuela

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Virginia 5 Day Notice To Quit is a letter which complies with state legal requirements to begin eviction against a tenant for nonpayment of rent. The tenant must pay the balance due or move out within five (5) calendar days of receiving notice.

When To Use a Virginia 5 Day Notice To Quit

A Virginia 5 Day Notice to Quit begins the eviction process when the tenant is late on rent. A landlord may deliver this notice when any portion of the rent remains unpaid, beginning the day after it’s normally due.

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.

In Virginia, there is an Eviction Diversion Pilot Program in effect until July 1, 2024 as of this writing. Eligible tenants are entered into a court-ordered payment plan. As long as the tenant remains compliant with the program, eviction is suspended.

How To Write a Virginia 5 Day Notice To Quit

To help ensure the legal compliance of a Notice To Quit:

  1. Use the full name of the receiving party, and address of record, if known
  2. Specify the termination date of the lease or tenancy
  3. Specify the basis for terminating the tenancy, and payment required to avoid termination
  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 5 Day Notice To Quit

Virginia landlords may deliver a Notice To Quit using any of these methods:

  1. Hand delivery to the other party
  2. Hand delivery to a person at least age 16 on the property who can accept the notice on behalf of the other party
  3. 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.

Virginia Eviction Diversion Pilot Program

Virginia’s Eviction Diversion Pilot Program is designed to reduce the number of evictions for unpaid rent. As of this writing, the Eviction Diversion Pilot Program is in effect until July 1, 2024.

If the tenant is eligible for the program, both parties are entered into a court-ordered payment plan to repay the past due rent. The unlawful detainer action will be dismissed by the judge if the tenant complies with the court’s orders. Otherwise, the landlord may submit a written notice to the court and continue with the eviction process.

For low-income persons, there is a separate Eviction Diversion Pilot Program in the cities of Danville, Hampton, Petersburg, and Richmond.