Virginia Eviction Notice Forms

Last Updated: March 6, 2024 by Roberto Valenzuela

A Virginia eviction notice form is a legal demand for a tenant to comply with the terms of the rental agreement or else move out of the premises. Virginia landlords may deliver an eviction notice because of unpaid rent, lease violations, or illegal activity on the rental property.

Types of Virginia Eviction Notice Forms

Notice Form Grounds Curable?
5 Day Notice To Quit Unpaid Rent Yes
30 Day Notice To Comply or Vacate Lease Violation Yes
30 Day Notice of Termination Repeat Violation /

Criminal Activity

30 Day Notice To Vacate No Lease No

Virginia 5 Day Notice To Quit

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Virginia 5 Day Notice To Quit evicts a tenant for nonpayment of rent. In Virginia, a landlord can file this notice the day after rent is due, with no grace period for the tenant. The tenant must pay all past due rent or else move out within five (5) calendar days.

Virginia currently has a Nonpayment Pilot Program active to put certain low-income tenants on a payment plan when they’re behind on rent. As of this writing, the program is in force until January 1, 2024.

Virginia 30 Day Notice To Comply or Vacate

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A Virginia 30 Day Notice To Comply or Vacate demands correction of a lease violation that is “curable” i.e., the tenant gets a chance to fix the situation rather than be evicted. A curable lease violation might include failure to maintain health and safety on the rental property, interfering with the quiet enjoyment of neighbors, or refusing reasonable access to the landlord for necessary inspections and repairs. Tenants must take the necessary corrective actions or move out within thirty (30) calendar days.

Virginia 30 Day Notice of Termination

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A Virginia 30 Day Notice of Termination evicts a tenant for repeating a lease violation during the tenancy, or committing a willful, criminal act on the premises. The tenant is not given an opportunity to take corrective action and must move out within thirty (30) calendar days.

Virginia 30 Day Notice To Vacate

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A Virginia 30 Day Notice To Vacate terminates a rental agreement, including a month-to-month or year-to-year lease as well as an expired lease or a situation with no written lease where the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) days before the date of termination.

How To Write an Eviction Notice in Virginia       

To help ensure the legal compliance of an eviction notice:

  1. Use the tenant’s full name and address
  2. Specify the lease violation as well as any balance due
  3. Specify the date of termination
  4. Print name and sign the notice, including the landlord’s address of record
  5. Note 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 Calculate Expiration Date in Virginia

The “clock” for an eviction notice period starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and begin court action as of June 30th, delivery of the eviction notice must be no later than May 31st. 

In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the notice period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. This is called the “next judicial day;” in other words, the next day a courthouse is open.

How To Serve an Eviction Notice in Virginia  

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 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.

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.

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