To stop an eviction in Virginia, you have to act inside one of several deadlines the law gives you: cure the problem during the notice period, pay what you owe by your court date, use your once-a-year right to redeem the tenancy up to two business days before the sheriff arrives, or raise a valid defense in front of the judge. Which window is still open depends on where your case is in the process and what type of notice the landlord served.
Know Which Notice You Got
Before a landlord can sue, they have to serve you with a written termination notice. The notice tells you two things: why the landlord wants you out, and how long you have to respond. Your fastest and cheapest chance to stop the eviction lives inside that window.
- A 5-day notice is for unpaid rent. Pay in full within five days and the process ends.1Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
- A 21/30-day notice is for a fixable lease violation like an unauthorized pet, minor damage, or noise. You get 21 days to fix it; if you don’t, the lease ends 30 days after you received the notice.1Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
- A 30-day non-remediable notice gives no chance to cure. If the violation involves criminal activity or illegal drugs posing a health or safety threat, the landlord can terminate immediately with no waiting period.2Virginia Code Commission. Code of Virginia – Article 5 Landlord Remedies
- A repeat-violation 30-day notice applies when you already received notice for a violation, corrected it, and then intentionally did the same thing again. No second cure period.1Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
- A 30-day month-to-month notice ends a periodic tenancy with at least 30 days’ written notice before the next rent due date, unless your lease says otherwise.3Virginia Code Commission. Code of Virginia 55.1-1253 – Periodic Tenancy; Holdover Remedies
Match your notice to this list and mark the deadline on a calendar. That deadline is the anchor for everything that follows.
Fix the Problem During the Notice Period
Resolving the issue before the landlord files a lawsuit is the cleanest way out. Once a case is filed, court costs and attorney fees pile onto what you owe, and no court record gets created for future landlords to find.
If you received a 5-day non-payment notice, paying the full rent plus any late fees your lease allows within those five days stops the eviction cold. Pay by cashier’s check or money order rather than a personal check, and get a written receipt. If the landlord takes your money and files anyway, that receipt gets the case dismissed.
For a fixable violation, correct the problem inside the 21-day window and document it. Remove the unauthorized pet and photograph the empty unit. Hire a repair and keep the invoice. Send the landlord a written summary of what you did, by email or certified mail, so there’s a record if the landlord later claims you didn’t cure.
If the landlord is willing to negotiate a payment plan or a later move-out date, put it in writing and get both signatures. A verbal deal is worth nothing if the landlord decides later that no deal existed.
Pay and Redeem After You’ve Been Sued
Most Virginia tenants don’t know this exists, and it can save your housing even after the landlord has filed suit. You have the right to redeem the tenancy by paying everything owed, and the case gets dismissed. There are two windows.2Virginia Code Commission. Code of Virginia – Article 5 Landlord Remedies
The first is at or before your initial court hearing. You pay the landlord or the landlord’s attorney all rent due through that date, plus late charges, attorney fees, and court costs. If a local government agency or nonprofit is helping you, they can present a written redemption tender to the court, which gives them 10 more days after the hearing to deliver the money. If the payment doesn’t arrive inside those 10 days, the court enters judgment for the landlord without any further evidence.2Virginia Code Commission. Code of Virginia – Article 5 Landlord Remedies
The second window opens even after a judgment. You can still pay everything owed no less than two business days before the sheriff is scheduled to execute the eviction. At this stage the payment must cover current rent, damages, late charges, court costs, attorney fees, sheriff fees, and any civil recovery the court awarded. Payment must be by cashier’s check, certified check, or money order.
The catch: you can only use this right once in any 12-month period at the same unit, regardless of lease renewals. If you redeemed six months ago and fall behind again, you don’t get a second turn.2Virginia Code Commission. Code of Virginia – Article 5 Landlord Remedies
Defenses at the Unlawful Detainer Hearing
Paying is not the only way to stop an eviction in court. If the landlord didn’t follow the rules or acted for a reason the law prohibits, the judge can dismiss the case.
Improper Notice
A court cannot enter a possession order unless the landlord presents a proper termination notice and enters it into evidence.4Virginia Code Commission. Code of Virginia 8.01-126 – Summons for Unlawful Detainer Issued by Magistrate or Clerk or Judge of a General District Court If the landlord used the wrong notice type, served it improperly, gave you too few days, or didn’t identify the specific violation, the case has a procedural defect the judge should take seriously. Bring your copy of the notice and be ready to point out what’s wrong with it.
Retaliatory Eviction
Virginia law prohibits landlords from retaliating against tenants who exercise legal rights. If you complained to the health department about mold, reported a code violation, or organized other tenants about habitability, and the landlord responded by filing to evict you, the eviction may be unlawful. Timing is the strongest evidence. Bring documentation of the complaint and the timeline.
The Landlord’s Own Failures
If the landlord is suing you for non-payment while the unit has been without heat for weeks or has serious code problems, argue that the landlord hasn’t held up their end. Bring photos, repair requests, inspection reports, and every message you sent about the problem.
What to Do at the Court Hearing
The landlord files an unlawful detainer action in General District Court after the notice period runs out. Your initial hearing must be scheduled within 21 days of filing, or 30 if the docket is full.4Virginia Code Commission. Code of Virginia 8.01-126 – Summons for Unlawful Detainer Issued by Magistrate or Clerk or Judge of a General District Court
Show up. If you don’t, the judge will almost certainly enter a default judgment for the landlord, and you lose every defense, every negotiation, and your redemption right. Bring the notice, rent receipts, bank statements, photos, repair requests, and every written communication with the landlord.
If you need more time to gather evidence, find a lawyer, or wait on a rental assistance decision, file a written motion for a continuance and explain why. A pending assistance application that needs a few more days is a stronger reason than wanting more prep time. The judge decides.
Many eviction cases settle. A stipulated agreement, signed by the judge, becomes a court order. Two common forms: a “pay and stay” plan where you follow a payment schedule and keep the unit, and a “move-out by a date” arrangement where you get extra time to leave in exchange for dropping your defense. Read every word before signing. Once the judge signs, missing a payment or a date lets the landlord get a possession order without a new hearing. Sign a plan you can actually keep, with exact amounts and dates.
Appealing if the Judge Rules Against You
A judgment against you doesn’t mean immediate eviction. You have 10 days from the date of judgment to appeal to Circuit Court.5Virginia Code Commission. Code of Virginia 8.01-129 – Appeal From Judgment of General District Court During those 10 days the sheriff cannot execute the eviction.
An appeal is not free. You must post a bond covering rent already accrued plus up to one year of future rent, along with damages for up to three months of continued occupancy. The bond and the filing fee are both due within the 10 days.6Virginia Code Commission. Code of Virginia – Article 13 Unlawful Entry and Detainer If you perfect the appeal, the writ of eviction gets returned to the clerk and Circuit Court holds a completely new hearing.
If you don’t appeal, the landlord can request a writ of eviction. The sheriff must give you at least 72 hours’ notice of the scheduled date and time before removing you.5Virginia Code Commission. Code of Virginia 8.01-129 – Appeal From Judgment of General District Court Even here, you can still stop the eviction by paying everything owed at least two business days before the scheduled removal, so long as you haven’t already used your annual redemption right.
If the Landlord Locks You Out
Some landlords try to skip court altogether by changing the locks, cutting utilities, or removing doors and windows. Every one of these is illegal in Virginia, and the penalties are severe.7Virginia Code Commission. Code of Virginia 55.1-1243.1 – Tenants Remedies for Exclusion From Dwelling Unit, Interruption of Services, or Actions Taken to Make Premises Unsafe
If it happens to you, petition the General District Court for emergency relief. The court must hold an initial hearing within five calendar days. The judge can order the landlord to let you back in, restore services, and undo whatever they did.
At the full hearing, which must occur within 10 days of the initial one, you can recover actual damages plus statutory damages of $5,000 or four months’ rent, whichever is greater, along with reasonable attorney fees. The court can also terminate your lease and order full return of your security deposit if you’d rather leave.7Virginia Code Commission. Code of Virginia 55.1-1243.1 – Tenants Remedies for Exclusion From Dwelling Unit, Interruption of Services, or Actions Taken to Make Premises Unsafe A landlord who tries a self-help eviction ends up in a far worse legal position than one who goes through the courts.
Get Free Legal Help and Rental Assistance
The biggest mistake tenants make is trying to handle an eviction alone when free help exists. Legal aid attorneys know which procedural defects judges care about and can spot problems in the landlord’s case that you won’t.
Virginia Legal Aid runs a statewide helpline at 1-866-534-5243 (1-866-LEGLAID) that connects eligible tenants with free legal services, including advice, help reading notices, and court representation.8VaLegalAid.org. Contact Us There is also an Eviction Legal Helpline at 1-833-663-8428 (1-833-NoEvict) specifically for tenants facing eviction.9VaLegalAid.org. Housing
Rental assistance from state and local agencies or nonprofits can cover overdue rent before a case is even filed. If you have already been sued, a nonprofit paying on your behalf can present a redemption tender to the court, which gives the organization 10 days after the hearing to deliver the funds. Even if you can’t personally have the money by your court date, an approved assistance application in progress may be enough to save the tenancy.