Housing & Tenant · Eviction Notice
Eviction Notice in Virginia
How many days of written notice a landlord must give before filing an eviction in Virginia, broken down by reason, and what you can do about it, cited to the statute.
Every notice period in Virginia
The written notice for each reason a landlord can end a tenancy, and what each one means.
| Reason for the notice | Notice in Virginia | What it means |
|---|---|---|
| Nonpayment of rent | Can fix and stay14 days | The landlord may terminate if the tenant fails to pay within 14 days after written notice (Va. Code 55.1-1245(F)). Paying within the 14 days keeps the tenancy. |
| Remediable breach of the rental agreement | Can fix and stay30 days | For a remediable breach, the tenant has 21 days to remedy it and termination is not less than 30 days after receipt (Va. Code 55.1-1245(A)). |
| Non-remediable breach | 30 days | A breach that cannot be remedied supports a 30-day notice with no chance to cure (Va. Code 55.1-1245(C)). |
| Criminal or willful act threatening health or safety | Immediate | A criminal or willful act that is not remediable and poses a threat to health or safety lets the landlord terminate immediately (Va. Code 55.1-1245(C)). |
| After the notice | Court | A written notice, then an unlawful detainer in general district court. Only a court can order a tenant removed. |
| Statute | Va. Code Ann. §55.1-1245 | The controlling statute for these notice periods. Read the full text through the source link below. |
What you can do right now
Concrete, neutral steps if you have received an eviction notice in Virginia. This is legal information, not legal advice.
- Know it is 14 days, not 5
Virginia used to be a five-day pay-or-quit state, and a lot of published material still says so. The current rule is 14 days for unpaid rent. If a notice or website tells you five days, check it against the current statute.
- Pay within 14 days
Paying the overdue rent within the 14 days keeps the tenancy under Va. Code 55.1-1245(F). Keep proof of what you paid and when, and note the date the notice was served, because the clock runs from service.
- Use the 21-day cure for lease violations
For a remediable lease violation you have 21 days to fix it, and the tenancy does not end for at least 30 days. A non-remediable breach carries 30 days with no cure, and a serious threat to health or safety can allow immediate termination.
- Get local legal help
A local Virginia legal aid office can confirm the current periods and explain the general district court process. Search for legal aid in your area and act before the court date.
This is general legal information, not legal advice. Read your own lease and check for a local ordinance, since either can change the notice that applies to your home.
What Virginia renters get wrong
Virginia gives a renter more room than almost any southern state, and the 21 and 30 day structure for lease violations is the widest gap in the region. The number that surprises people is 14 days for unpaid rent, because Virginia used to be a five-day state and a great deal of published material still says so (Va. Code 55.1-1245(F)). Paying within those 14 days keeps the tenancy. For a remediable lease violation the structure is generous: 21 days to fix the problem and at least 30 days before the tenancy can end (Va. Code 55.1-1245(A)). A breach that cannot be remedied carries a 30-day notice with no chance to cure, and the one situation with no notice at all is a criminal or willful act that is not remediable and threatens health or safety, where the landlord may terminate immediately (Va. Code 55.1-1245(C)). After the notice, the landlord files an unlawful detainer in general district court, and only a court can order a tenant out. The practical point for a Virginia renter is to ignore the old five-day figure and count fourteen.
Common questions
Is the Virginia rent notice 5 days or 14?
It is 14 days now. Virginia used to use a five-day pay-or-quit notice, and older guides still say so, but Va. Code 55.1-1245(F) currently gives 14 days to pay before the landlord may terminate. Treat any five-day figure as out of date.
What is the difference between the 21 days and the 30 days in Virginia?
For a remediable lease violation, the 21 days is your window to fix the problem, and the 30 days is the minimum before the tenancy can end. So you have 21 days to cure, and even a curable breach cannot terminate the tenancy in less than 30 days after the notice.
When can a Virginia landlord evict with no notice at all?
Only for a criminal or willful act that cannot be remedied and threatens health or safety. Va. Code 55.1-1245(C) lets the landlord terminate immediately in that narrow case. Ordinary rent and lease violations still carry the 14-day and 30-day periods.
Does paying inside the 14 days keep my tenancy in Virginia?
Yes. For unpaid rent, paying the amount due within the 14-day notice period keeps the tenancy under Va. Code 55.1-1245(F). Pay as early as you can and keep written proof, in case the landlord proceeds anyway.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.