Virginia Rent Grace Period: Late Fees, Notice, and Eviction

The Virginia rent grace period is only guaranteed by state law when there is no written lease. In that situation, Virginia Code § 55.1-1204(C) treats rent as due on the first of the month and not late until after the fifth.¹ If you signed a written lease, the grace period is whatever the lease says it is, which can be three days, seven days, or none at all. The five-day rule people talk about is a statutory default, not a universal tenant right.

When the Five-Day Default Applies

Section 55.1-1204(C) kicks in when no written rental agreement exists between the landlord and tenant. The statute fills in the missing terms: rent is due on the first, and a landlord cannot charge a late fee until the sixth day of the month.¹ This is the situation most people picture when they hear “five-day grace period in Virginia.”

It is also less common than most tenants think. Any signed lease displaces the default.

What Your Written Lease Controls

Under § 55.1-1204(A), landlords and tenants can set their own payment terms in writing, including the due date and any grace period. There is no state minimum grace period for written leases. If your lease says rent is late on the second, that governs. If it grants five business days, that governs. Most Virginia leases include some grace period as a market practice, not because state law requires one.

A grace period only delays when a late fee can be charged. Rent is still overdue the day after the due date, and the landlord can log it that way in your payment history even if no fee has been triggered.

How Much a Late Fee Can Be

Whatever your grace period, the fee itself is capped. Section 55.1-1204(E) limits a late fee to ten percent of the periodic rent or ten percent of the remaining balance owed, whichever is less.¹ For $1,500 monthly rent with no past-due balance, the cap is $150.

The fee has to appear in the written lease to be charged at all. A landlord who never included a late fee provision cannot collect one no matter how far behind you fall.¹ A court will not enforce a fee that was never written into the agreement.

The “remaining balance” language also blocks a common stacking tactic. If you owe $500 from last month and $1,500 for this month, the fee is ten percent of the $500 balance, not the combined total. Any fee calculated on the larger number is unenforceable.

The Separate Five-Day Notice Before Eviction

There is a second five-day period in Virginia rental law, and tenants often confuse it with the grace period for late fees. Before a landlord can file for eviction over unpaid rent, § 55.1-1245(F) requires a written notice telling the tenant that rent is unpaid and that the landlord intends to terminate the lease if payment is not made within five days.²

This notice is not the same as the late-fee grace period. Even after your lease’s grace period has run and a late fee has been added, the landlord still cannot start eviction without serving this five-day pay-or-quit notice and waiting the full five days. Pay everything owed within that window and the landlord cannot move forward with termination. If the notice is skipped or served incorrectly, an eviction case can be dismissed. Once the five days pass without payment, the landlord may terminate the lease and file an unlawful detainer action under § 55.1-1251.³

Second Chances After a Case Is Filed

Missing the pay-or-quit deadline is not the end. Virginia law gives tenants a “right of redemption” that can stop an eviction even after court has been involved.

At or before the first court date on an unlawful detainer case, you can pay or present to the court all rent due, late charges, attorney fees, and court costs. Full payment requires the court to dismiss the case.⁴ A nonprofit or local government agency can also file a written “redemption tender” committing to pay on your behalf within ten days of the court date.⁵

Miss court and you still have one more window. Paying every dollar owed, including sheriff fees, at least 48 hours before the scheduled physical eviction requires the landlord to contact the officer and cancel it.⁴ The 48-hour deadline is firm. A money order handed over on the morning of the eviction will not stop it.

One limit applies to smaller landlords. Owners of four or fewer rental units can restrict redemption to once per lease period, provided they give the tenant written notice of the limitation.⁴ In larger buildings the right can be used repeatedly, though relying on that pattern is risky.

Why Partial Payments Rarely Help

Paying part of what you owe does not slow the process. Under § 55.1-1250(A), a landlord may accept partial rent and continue with an unlawful detainer as long as the landlord has given written notice that all payments are accepted “with reservation” and do not waive the right to evict.⁴ Once that reservation notice is out, partial payments only reduce your balance. The redemption right is triggered only by paying everything owed, including fees and court costs.

Federally Assisted Housing Gets Longer

If your building carries a federally backed mortgage or receives project-based Section 8 payments, the CARES Act (Section 4024) requires at least 30 days’ notice before a tenant can be required to vacate for nonpayment. That covers properties with financing from Fannie Mae, Freddie Mac, FHA, or the VA, and units receiving direct Section 8 project-based subsidies. The 30-day requirement has no expiration date and stays in force unless the property is refinanced into a non-federally-backed mortgage or Congress repeals the provision.

A Section 8 housing choice voucher used at a privately owned property without a federally backed mortgage does not trigger the extended notice. The 30-day rule follows the property’s financing, not the tenant’s voucher.

1
Virginia Code Commission. Virginia Code 55.1-1204 – Terms and Conditions of Rental Agreement; Payment of Rent
2
Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance With Rental Agreement; Monetary Penalty
3
Virginia Code Commission. Virginia Code 55.1-1251 – Remedy After Termination
4
Virginia Code Commission. Virginia Code 55.1-1250 – Landlord’s Acceptance of Rent With Reservation; Tenant’s Right of Redemption
5
Virginia Code Commission. Virginia Code 55.1-1250 – Landlord’s Acceptance of Rent With Reservation; Tenant’s Right of Redemption