A Virginia eviction notice is the written termination the landlord must serve on the tenant before filing an unlawful detainer case, and the type of notice depends on the reason for ending the tenancy. A judge will not consider a possession case unless the landlord produces a proper notice at the hearing.1Virginia Code Commission. Virginia Code 8.01-126 – Summons for Unlawful Detainer Issued by Magistrate or Clerk or Judge of a General District Court Pick the wrong form, shorten the wait, or fail to prove delivery, and the case can be dismissed before the merits are even reached.
Match the Notice to the Reason
The Virginia Residential Landlord and Tenant Act ties each notice type to a specific ground for eviction. This is the first choice to get right.
Five-Day Pay-or-Quit for Unpaid Rent
When rent is overdue, the landlord serves a written notice stating that rent is past due and that the lease will terminate if the tenant does not pay within five days. Pay in full inside that window and the lease continues as if nothing happened. Let the five days pass, and the landlord can file for possession.2Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
21/30-Day Notice for Curable Lease Violations
For non-rent breaches, such as unauthorized pets, noise, or unauthorized occupants, the notice must describe the specific violation and warn that the lease will terminate in 30 days unless the tenant corrects the problem within 21 days. Fix it in time and the tenancy stays intact.2Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
Immediate Termination for Criminal or Willful Acts
Some conduct cannot be cured. When a tenant, an authorized occupant, or a guest commits a criminal or willful act that threatens health or safety — illegal drug activity is the common example — the landlord can terminate the lease immediately and go straight to court. No criminal conviction is required, but the landlord must prove the conduct by a preponderance of the evidence at the hearing. If a guest or occupant committed the act, the tenant is presumed to have known about it unless they prove otherwise.2Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
30-Day Notice to End a Month-to-Month Tenancy
Either side can end a month-to-month tenancy without alleging a breach. The notice must be served at least 30 days before the next rent due date, unless the rental agreement specifies a different period.3Virginia Code Commission. Virginia Code 55.1-1253 – Periodic Tenancy; Holdover Remedies
What the Notice Must Say
Virginia’s statutes do not lay out a line-by-line template, but every notice has to describe the problem clearly enough that the tenant knows exactly what is wrong and when the lease will end. A 21/30-day notice must specify the acts constituting the breach and the date the lease will terminate if the issue is not corrected.2Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty A five-day pay-or-quit notice must state that rent is overdue and that the lease will terminate if payment is not made.
As a practical matter, a well-drafted notice identifies the property address (with any unit number), the tenants named on the lease, the specific amount of rent or charges owed when money is the issue, and the exact deadline for compliance. The Virginia Judicial System’s self-help site links to court-approved forms that hit each required element.4Virginia Judicial System Court Self-Help. Landlord – Tenant Forms
There is an extra rule for landlords who rent to Housing Choice Voucher tenants or who operate public housing. The notice is not effective unless the first page lists the statewide legal aid telephone number and website in type at least as readable as the body of the notice.5Virginia Code Commission. Virginia Code 55.1-1202 – Notice
How to Deliver It, and How to Prove You Did
Under the VRLTA, a notice is a written communication delivered by regular mail or by hand, with the sender keeping proof of mailing such as a certificate of service.6Virginia Code Commission. Virginia Code 55.1-1200 – Definitions Notice is served at the tenant’s last known residence, which is almost always the rental unit.5Virginia Code Commission. Virginia Code 55.1-1202 – Notice Electronic delivery is available if the rental agreement allows it, and any tenant who asks can switch back to paper.
Proof is where cases are won or lost. Judges routinely ask the landlord to show that the tenant actually received the notice and had the full statutory period to respond before the case was filed. Hand delivery with a witness or a signed acknowledgment is the cleanest option. Mail works too, as long as you keep the certificate of mailing. Skip that step and an otherwise solid case can fall apart because there is no way to establish when the clock started.
After the Notice Period Expires
If the tenant has not paid or cured within the statutory window, the landlord files a Summons for Unlawful Detainer (Form DC-421) in the General District Court where the property sits.7Virginia Judicial System. Virginia Court Forms DC-421 – Summons for Unlawful Detainer The filing includes a sworn statement of the facts justifying removal and identifying the premises.1Virginia Code Commission. Virginia Code 8.01-126 – Summons for Unlawful Detainer Issued by Magistrate or Clerk or Judge of a General District Court
The base court filing fee is $36 under Virginia statute.8Virginia Code Commission. Virginia Code 16.1-69.48:2 – Fees for Services of District Court Judges and Clerks and Magistrates in Civil Cases The sheriff charges another $12 to serve the summons on the tenant.9Virginia Code Commission. Virginia Code 17.1-272 – Process and Service Fees Generally Extra costs may apply for a private process server or additional court services, but the statutory baseline is around $48.
The court schedules the initial hearing as soon as practicable, no more than 21 days from filing. If the court cannot fit the case in that window, the hearing must occur within 30 days.1Virginia Code Commission. Virginia Code 8.01-126 – Summons for Unlawful Detainer Issued by Magistrate or Clerk or Judge of a General District Court The summons is served by personal delivery, by substituted service on a household member age 16 or older, or by posting on the main entrance and mailing a copy.10Virginia Code Commission. Virginia Code 8.01-296 – Manner of Serving Process Upon Natural Persons
Bring the served notice to court. Without a copy in evidence, the case fails on the spot.1Virginia Code Commission. Virginia Code 8.01-126 – Summons for Unlawful Detainer Issued by Magistrate or Clerk or Judge of a General District Court Bring the lease and any rent ledger as well.
No Self-Help Removals
Virginia does not let landlords handle removals on their own. Changing the locks, shutting off utilities, or moving a tenant’s belongings without a court order and sheriff involvement is illegal, and a tenant subjected to those tactics can sue for damages. The written notice, the court filing, and the sheriff-executed writ that follows a judgment are the only lawful path.