Virginia Eviction Notice Forms

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

Read further to learn about what information is required on an eviction notice for it to be valid, legally acceptable ways of delivering notices, and types of notices for all possible grounds for eviction.

Information Required for all Virginia Eviction Notices

Under Virginia law, a landlord is expected to provide some basic information on all eviction notices, including:

  • The date the tenant needs to move out
  • The reason for the eviction
  • That the rental agreement is being terminated
  • What the tenant can do to correct the issue and avoid eviction (i.e. pay rent, comply with lease provisions, fix damage to unit caused by the tenant)

In some counties, if landlords want the sheriff to deliver the eviction notice to their tenants, the notice must also include the name and contact information of the person being evicted.

This is a good idea no matter how the notice is being delivered, just to be sure the correct person receives the notice.

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

In addition, the landlord should keep the receipt number if the notice was delivered by certified mail.

Acceptable Ways of Delivering Eviction Notices

In the state of Virginia, landlords can deliver an eviction notice in the following ways:

  • Giving it to the tenant in person
  • Mailing the notice to the tenant’s last known address via regular mail
  • Having the sheriff deliver the notice

If the landlord chooses to use regular mail, then they should also complete a certificate of service which states they sent the notice through the mail.

NOTE

Certified mail is not required under Virginia law.

Types of Eviction Notices

Each possible ground for eviction has its own process and notice requirements.

Notice for Nonpayment of Rent: 5-Day Notice to Pay Rent

In order to evict a tenant for nonpayment of rent, a Virginia landlord must first give the tenant a 5-Day Notice to Pay and the opportunity to pay the amount owed. If the tenant fails to pay the rent in full within that time period, the landlord may file for eviction. The Notice for Failure to Pay Rent should include the total amount owed.

In the state of Virginia, a tenant can avoid being evicted by paying the total amount owed within five days of receiving the notice.

Get the downloadable 5-Day Notice to Pay Rent form template below (.pdf direct link).

Eviction Notice for Breach of Rental Agreement/Lease: 30-Day Notice

When a tenant has violated the terms of a rental agreement/lease, a Virginia landlord has two options when it comes to eviction notices.

The first option is to give the tenant 30 days’ notice to move out or comply within 21 days to avoid eviction. This includes health/safety violations.

The notice should include the specific lease violation(s), what the tenant can do to remedy the violation, and the date the lease will terminate if the tenant doesn’t comply within 21 days.

If the tenant does correct the issues stated in the notice, the landlord cannot terminate the lease/agreement.

Get the downloadable 30-Day Notice to Comply form template below (.pdf direct link).


However, some violations of a rental agreement can’t be corrected by the tenant. In this situation, the landlord is not required to allow the tenant to attempt to fix the issue, and the lease will terminate after 30 days’ notice. The tenant must move at the end of the notice period.

Get the downloadable 30-Day Notice to Quit form template below (.pdf direct link).

Lease Termination for Tenants at Will

Under Virginia law, landlords can give week-to-week tenants 7-days’ written notice if they want to terminate the lease, or 30 days’ written notice for monthly tenants.

In these cases, it doesn’t necessarily mean the tenant did anything wrong, it’s just that the landlord wants to end the lease.

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

Eviction Notice for Illegal Activity

If a tenant, their guest, or another “authorized occupant” of the rental unit participates in criminal activity in the rental unit or on rental property grounds, the landlord can evict the tenant immediately, without giving any notice.

“Criminal” activity also includes illegal drug activity (related to controlled substances), and violent acts that affect the health/safety of the residents in the rental unit.

In the case of criminal activity, tenants don’t have the option of correcting the issue in order to avoid eviction.