Virginia 5 Day Notice To Quit

Last Updated: March 6, 2024 by Roberto Valenzuela

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 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.

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.