Virginia eviction laws require a landlord to follow a fixed sequence: serve the correct written notice, wait out the notice period, file an unlawful detainer lawsuit, win a judgment in General District Court, and then have the sheriff physically remove the tenant. Skipping any step can get the case thrown out, and tenants have several chances along the way to cure the problem, pay what they owe, or raise a defense.
When a Landlord Can Evict You
A landlord cannot file for eviction just because the relationship has gone bad. There has to be a legally recognized reason, and the reason determines everything that follows, starting with the type of notice.
Unpaid Rent
If rent is late, the landlord can serve a written notice demanding payment within five days. If the tenant does not pay in full within those five days, the lease terminates and the landlord can file suit.1Virginia Code Commission. Virginia Code Title 55.1 Chapter 12 Article 5 – Landlord Remedies A bounced check or rejected electronic payment counts the same as nonpayment.
Lease Violations You Can Fix
For most breaches of the lease or health and safety standards, the landlord has to give you a chance to fix it. The notice describes the problem and gives you 21 days to correct it. If you do, the lease continues. If you do not, the lease ends on day 30.2Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement, Monetary Penalty Unauthorized pets, exceeding occupancy limits, and poor housekeeping are common examples.
Lease Violations You Cannot Fix
Some breaches do not come with a cure period. If you already received a notice for the same issue and failed to correct it, or if the violation simply cannot be undone, the landlord can serve a 30-day notice that terminates the lease outright. Criminal activity or a willful act that threatens the health or safety of others lets the landlord terminate immediately and go straight to court.2Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement, Monetary Penalty
Ending a Month-to-Month Tenancy
Either party can end a month-to-month tenancy with at least 30 days’ written notice before the next rent due date, unless the lease sets a different period.3Virginia Code Commission. Virginia Code 55.1-1253 – Periodic Tenancy, Holdover Remedies A landlord of a multifamily property who is non-renewing 20 or more month-to-month tenants in the same 30-day window has to give 60 days instead.
Notice Rules That Have to Be Followed
Every Virginia eviction starts with a written notice, and using the wrong form is one of the fastest ways for a landlord to lose. The notice type depends on the reason:
- Five-day pay-or-quit notice for unpaid rent.
- 21/30-day notice for curable lease violations: 21 days to fix, lease ends on day 30 if not fixed.
- 30-day non-remediable notice for repeated or incurable violations.
- Immediate termination for criminal conduct or willful acts threatening health or safety.
A notice should name the tenant, identify the property, carry a date, and spell out either the amount owed or the specific lease provision at issue.
Delivery can be by regular mail or hand delivery, and the landlord should keep proof of service. Electronic delivery is allowed only if the lease specifically permits it, and the tenant can still insist on paper. A verbal warning is not legal notice.
What Happens If the Landlord Takes Rent After Serving Notice
Accepting even a partial payment after serving a notice can look to a court like the landlord forgave the problem. Virginia lets landlords avoid that by accepting rent “with reservation,” but only if they give the tenant a specific written statement that taking the money does not waive the right to proceed.4Virginia Code Commission. Virginia Code 55.1-1250 – Landlord’s Acceptance of Rent With Reservation, Tenant’s Right of Redemption The reservation language can be folded into the termination notice itself, and a copy must be provided to the court for service along with the summons if the case moves forward.
Filing the Unlawful Detainer and the Court Hearing
Once the notice period runs out without the problem being fixed, the landlord files a Summons for Unlawful Detainer (Form DC-421) in General District Court.5Supreme Court of Virginia. Virginia Code 8.01-126 – Summons for Unlawful Detainer (Civil Claim for Eviction) The statutory filing fee is $36, plus a sheriff’s service fee that typically runs $12 to $25.6Virginia Code Commission. Virginia Code 16.1-69.48:2 – Fees for Services of District Court Judges and Clerks and Magistrates in Civil Cases
The summons has to be served at least 10 days before the hearing. For cases under the Residential Landlord and Tenant Act, the court must set the initial hearing within 21 days of filing, and no later than 30 days if the docket is full.7Virginia Code Commission. Virginia Code 8.01-126 – Summons for Unlawful Detainer Issued by Magistrate or Clerk or Judge of a General District Court
At the hearing, the landlord has to show proper notice was given, the notice period expired, and the grounds still exist. Tenants can challenge service, dispute the facts, or argue the landlord failed to meet obligations under the lease or the Act. If the landlord wins, the court enters a judgment for possession, usually along with a money judgment for unpaid rent and damages. Winning possession does not mean the tenant has to leave that day. If the tenant wins, the case is dismissed and the tenancy continues.
Paying to Stop a Nonpayment Eviction
Even after a landlord wins, a tenant in a nonpayment case can still halt the eviction by paying everything owed. Virginia opens two windows.
The first comes at the initial court hearing. The tenant can present a “redemption tender,” a written commitment to pay. The court continues the case for 10 days, and if the tenant pays all rent, late charges, attorney fees, and court costs within that window, the case is dismissed.4Virginia Code Commission. Virginia Code 55.1-1250 – Landlord’s Acceptance of Rent With Reservation, Tenant’s Right of Redemption
The second window stays open almost until the sheriff arrives. A tenant can cancel a scheduled eviction by paying all amounts owed (rent, damages, attorney fees, court costs) at least 48 hours before the writ is scheduled to be executed.4Virginia Code Commission. Virginia Code 55.1-1250 – Landlord’s Acceptance of Rent With Reservation, Tenant’s Right of Redemption Landlords with four or fewer rental units can restrict this right to once per lease period, but they must say so in writing.
Appealing the Judgment
After the General District Court enters a judgment for possession, the tenant has 10 days to appeal to circuit court, and the sheriff cannot carry out the eviction during that period.8Virginia Code Commission. Virginia Code 8.01-129 – Appeal From Judgment of General District Court
An appeal is not automatic. Within those 10 days, the tenant has to post an appeal bond, pay the writ tax, and get the security approved by the court. The bond must cover outstanding rent, late charges, attorney fees, and other court-ordered amounts, plus security for future rent during the appeal (up to one year) and damages from continued occupancy for up to three months.9Virginia Code Commission. Virginia Code 16.1-107 – Requirements for Appeal Miss the deadline and the eviction proceeds. Tenants facing eviction from public housing who qualify as indigent do not have to post a bond.
The Writ of Eviction and the Sheriff
Once the 10-day appeal period passes without a perfected appeal, the landlord requests a Writ of Eviction from the court clerk. The sheriff charges $25 to serve and execute the writ, plus $12 for each additional defendant.10Virginia Code Commission. Virginia Code 17.1-272 – Process and Service Fees Generally
Only the sheriff can carry out a physical eviction. The sheriff has to give the tenant at least 72 hours’ notice of the date and time. On the day itself, the sheriff oversees the process while the landlord’s crew secures the unit and moves belongings out.
Belongings Left Behind
After a sheriff-executed writ, the usual abandoned-property rules do not apply.11Virginia Code Commission. Virginia Code 55.1-1254 – Disposal of Property Abandoned by Tenants The landlord moves the tenant’s belongings out of the unit and has to give the tenant reasonable access to retrieve them within 24 hours of the eviction. After that, the landlord can generally dispose of what is left.
The abandoned-property statute does cover the different situation where a tenant leaves voluntarily or the tenancy ends without a court-ordered writ. There, the landlord must give specific written notice warning that items left behind will be disposed of 24 hours after a stated deadline.11Virginia Code Commission. Virginia Code 55.1-1254 – Disposal of Property Abandoned by Tenants
Tenant Defenses
Tenants have real options when facing an eviction, and two defenses come up most often.
Rent Escrow for Unaddressed Repairs
When a landlord ignores a serious maintenance problem, a tenant does not have to pick between unsafe conditions and withholding rent. Virginia lets the tenant pay rent into the court instead. First, the tenant has to notify the landlord of the problem in writing and give them a reasonable chance to fix it; anything past 30 days without a response is presumed unreasonable.12Virginia Code Commission. Virginia Code 55.1-1244 – Tenant’s Assertion, Rent Escrow
After filing with the court, the tenant must deposit rent within five days of each due date. The court can order the escrowed funds used for repairs, returned to the tenant, or paid to the landlord. If the landlord still has not made reasonable efforts after six months, the court awards the full balance to the tenant.12Virginia Code Commission. Virginia Code 55.1-1244 – Tenant’s Assertion, Rent Escrow
Retaliation
A landlord cannot evict, raise rent, or cut services in retaliation for a tenant exercising legal rights. Protected activities include filing a complaint with a housing or building code agency, suing the landlord under the Landlord and Tenant Act, joining a tenant organization, or testifying against the landlord.13Virginia Code Commission. Virginia Code 55.1-1258 – Retaliatory Conduct Prohibited
Retaliation is raised as a defense in court, and the tenant has the burden of proving it. There are limits: a landlord can still raise rent to market, reduce services in a way that applies to everyone, or proceed with eviction when the tenant is behind on rent or caused the code violation themselves.
Lockouts, Shutoffs, and Other Self-Help Are Illegal
Virginia flatly prohibits landlords from taking matters into their own hands. Changing the locks, shutting off utilities, removing a tenant’s belongings, or doing anything else to make the unit uninhabitable without a court order is illegal, and the statute gives tenants a fast-track remedy.14Virginia Code Commission. Virginia Code 55.1-1243.1 – Tenant’s Remedies for Exclusion From Dwelling Unit, Interruption of Services, or Actions Taken to Make Premises Unsafe
If a landlord illegally locks a tenant out, interrupts essential services, or makes the unit unsafe, the tenant can petition the General District Court and get an initial hearing within five calendar days. The court can order the landlord to restore access, turn services back on, or undo whatever was done. A second hearing about 10 days later can produce actual damages, statutory damages, and reasonable attorney fees. The only legal path to removal runs through the courthouse and the sheriff’s office.