Virginia Eviction Notice Forms

A Virginia eviction notice form for nonpayment of rent is a written document that states a tenant has 5 days [1] to pay the rent or vacate the premises. Additionally, there are other notice forms for other possible grounds for eviction in Virginia.

Types of Virginia Eviction Notices

Each possible ground for eviction has its own notice type. Some notices allow the tenant to fix (“cure”) the issue and continue the tenancy, while others simply state an amount of time to vacate by.

5-Day Notice to Pay (Nonpayment of Rent)

A landlord is allowed to evict a tenant for failing to pay rent on time.

According to Virginia law, rent is considered late the day after it’s due; grace periods, if any, are addressed in the lease or rental agreement.

Once rent is past due, the landlord must provide tenants with a 5-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 5 days [1] to avoid eviction.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

The notice should include the total amount of past-due rent owed.

Get the downloadable 5-Day Eviction Notice for Nonpayment of Rent form template below (.pdf direct link).

30-Day Notice to Cure or Vacate (Non-Compliance)

A tenant can be evicted in Virginia if they do not uphold their responsibilities under the terms of a written lease or rental agreement. Material health and safety violations are considered to be a violation of the lease agreement in Virginia.

If the violation is correctable, then landlords must give tenants a 30-Day Notice to Comply, giving the tenant 21 days [3] correct the issue(s). If the tenant does not correct the violation(s) within the deadline, they must move out within 30 days [3] of the date of the notice.

If the tenant has done something that can’t be corrected, landlords are only required to give tenants a 30-Day Notice to Quit, giving the tenant 30 days [4] to move out of the rental unit to avoid eviction.

Typical lease violations could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

Material health and safety violations could include letting trash pile up inside the rental unit, providing a harbor for rodents or bugs, or even things like damaging the electrical wiring in the rental unit.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The notice should include: [3]

• The specific lease violation;
• What the tenant can do to remedy the violation (if allowed); and
• The date the lease will terminate if the tenant doesn’t comply within the deadline.

Get the downloadable 30-Day Eviction Notice for Noncompliance form template below (.pdf direct link).

7/30-Day Lease Termination Notice (No Lease/ End of Lease)

In the state of Virginia, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord doesn’t want to renew.

The amount of time required in the notice depends on the type [5] of tenancy.

• Week-to-Week – If rent is paid on a weekly basis, tenants must be given a 7-Day Notice to Quit.
• Month-to-Month If rent is paid on a monthly basis, tenants must be given a 30-Day Notice to Quit.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

The notice should include the date the tenancy will terminate.

Get the downloadable 7/30-Day Lease Termination Notice form template below (.pdf direct link).

What to Include in Virginia Eviction Notices

The information required on a Virginia eviction notice varies depending on the reason for the eviction and is addressed under each notice type below. However, for all notices, it’s a good idea to include:

• The date the tenancy will terminate;
• The reason for the eviction; and
• The tenant’s name and contact information.

The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.

Delivering Eviction Notices in Virginia

In the state of Virginia, landlords can deliver an eviction notice through the following methods: [2]

• Delivering it to the tenant in person; or
• Mailing the notice to the tenant via first class mail.

Note that using certified mail is not required under Virginia law.

Eviction Process in Virginia

1. An eviction notice is posted by the landlord to vacate or “cure” the issue.
2. If uncured and tenant remains, the complaint is filed and served.
3. Hearing is held and judgment issued.
4. If an eviction is granted, a Writ of Eviction is posted at the property, giving final notice to the tenant to remove their belongings.
5. Finally, the sheriff returns possession of the property to the landlord.

To learn more about the eviction process in Virginia click here.