MAKE YOUR FREE Virginia Eviction Notice
What we’ll cover
What is a Virginia Eviction Notice or Notice to Quit?
If you own or manage residential property in Virginia, you can create a Virginia Eviction Notice to notify renters of impending legal action if they do not comply with the terms of the lease agreement or leave the property when lawfully asked to do so.
With Virginia Eviction Notices, you can enforce your terms, while still giving your tenant(s) time to address the issue before a specific deadline. That said, in some instances, there won't be any resolution, and going to court is inevitable.
Our Eviction Notice for Virginia can be used for residential property within the Old Dominion State. If rent control or local laws complicate your tenant eviction, you may want to consult a Rocket Legal Pro™.
When to use a Virginia Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated a provision of the lease or rental agreement.
- Your tenant materially damaged the property.
- Your tenant is a nuisance or has caused trouble among other tenants.
- Your tenant has used the property for illegal activity.
- You wish to end a periodic tenancy (such as month-to-month).
- The lease has expired and the tenant has remained on the property.
Please note: you may never forcibly evict a tenant without going through the formal tenant eviction process.
Sample Virginia Eviction Notice
The terms in your document will update based on the information you provide
This document has been customized over 70.1K times
Documents and communicates
Complies with relevant laws
Ask a Legal Pro questions about your document
Sign this document online for free with RocketSign®
NOTICE TO QUITFIVE DAY NOTICE TO PAY RENT OR QUIT
, Virginia
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Virginia
PLEASE TAKE NOTICE that the tenancy pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due, unpaid and delinquent rent in the total sum of , representing rent due for the period from to . In accordance with the lease and/or rental agreement dated , you owe an additional sum of as a late fee and/or charge.
PLEASE TAKE FURTHER NOTICE that within FIVE (5) days after service of this notice, you are hereby required to pay the above-listed amounts in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent and late fee in full OR vacate the premises WITHIN FIVE (5) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within TWENTY ONE (21) days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to within THIRTY (30) days after service of this notice. Failure to perform aforesaid covenant(s) WITHIN TWENTY ONE (21) days OR vacate the premises WITHIN THIRTY (30) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your week-to-week tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date SEVEN (7) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date SEVEN (7) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your month-to-month tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date THIRTY (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date THIRTY (30) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE you are required quit and deliver up possession of the premises to at once. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
THIS IS INTENDED AS A FIVE (5) DAY LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.31.
THIS IS INTENDED AS A 21/30 DAY LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.31.
THIS IS INTENDED AS A SEVEN (7) DAY LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.37.
THIS IS INTENDED AS A THIRTY (30) DAY LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.37.
THIS IS INTENDED AS A LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.37.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF VIRGINIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
| Dated: |
| By: | ______________________________ |
| , , |
Virginia Eviction Notice Checklist
Make It Legal™
Find out next steps for your document
___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver the notice in person and by certified mail OR have the County Sheriff's Department formally serve the tenant(s). If you choose to serve the notice, make sure the notice is properly served in accordance with Virginia state law. If the Sheriff's office delivers the notice, it requires two (2) separate copies for each tenant served, and it charges a small fee for delivery.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
It is in the best interest of the tenant and landlord to come to an agreement to avoid the cost, inconvenience, and time involved with an eviction lawsuit. An eviction can jeopardize a tenant's ability to secure future housing and will impact their rental history.
If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case in local court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.
If you end up having to file a formal eviction case (also known as an unlawful detainer in Virginia), make sure you file your eviction case in the right court. Virginia is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on the state's website.
You should retain all Proof of Service documents.
If the lease term has expired and you've given approval for the tenant to switch to a month-to-month term lease, you should not use this form.
About Eviction Notices in Virginia
Learn about how to notify tenant of intent to evict in Virginia
-
Different types and reasons for evictions in Virginia
REASON FOR EVICTION
TYPE OF NOTICE
NUMBER OF DAYS FOR NOTICE
LAWS
Nonpayment of rent
“Virginia 5-Day Notice to Pay Rent or Quit”
5 days’ notice
Virginia Residential Landlord and Tenant Act §§ 55.1-1245, 55.1-1253, 55.1-1415
Violation of lease or rental agreement
“Virginia Notice to Quit”
21 days’ notice to cure violation and if no cure, 30 days from date of first notice
Virginia Residential Landlord and Tenant Act §§ 55.1-1245, 55.1-1253, 55.1-1415
Termination of weekly periodic tenancy
“Virginia Notice to Quit”
7 days’ notice
Virginia Residential Landlord and Tenant Act §§ 55.1-1245, 55.1-1253, 55.1-1415
Termination of monthly periodic tenancy
“Virginia Notice to Quit”
30 days’ notice
Virginia Residential Landlord and Tenant Act §§ 55.1-1245, 55.1-1253, 55.1-1415
Lease holdover of weekly periodic tenancy
“Virginia Notice to Quit”
7 days’ notice
Virginia Residential Landlord and Tenant Act §§ 55.1-1245, 55.1-1253, 55.1-1415
Lease holdover of monthly periodic tenancy
“Virginia Notice to Quit”
30 days’ notice
Virginia Residential Landlord and Tenant Act §§ 55.1-1245, 55.1-1253, 55.1-1415
Regardless of the type of notice you need, we can help you build it. Get started now!
-
Requirements, liabilities, and tenant protection for evictions in Virginia
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONPAYMENT OF RENT
The landlord may terminate the lease and take possession if the tenant does not pay rent within five days after being notified of the nonpayment and the landlord's intent to terminate the lease, a check for rent bounces due to insufficient funds, or an electronic funds transfer is rejected due to insufficient funds or a stop-payment order placed in bad faith. (Va. Code Ann. § 55.1-1245(F))
EVICTION NOTICE REQUIREMENTS IN THE CASE OF: NONCOMPLIANCE
If the tenant violates the lease or the law (Va. Code Ann. § 55.1-1227) and it affects health and safety, the landlord may serve a notice specifying the breach. The notice will state the lease will terminate at least 30 days after the tenant receives the notice if the breach is not fixed within 21 days. If the breach is not fixed, the lease terminates as stated in the notice.
However, if the breach is not fixable or is a repeat offense, the landlord may terminate the lease at least 30 days after the tenant receives the notice.
For criminal or willful acts that cannot be fixed and pose a threat to health or safety, the landlord may terminate the rental agreement immediately and take possession of the property. (Va. Code Ann. § 55.1-1245(A) and (C))
NOTICE REQUIREMENTS AND LANDLORD LIABILITY REGARDING PERSONAL PROPERTY
If a tenant leaves personal property in the rental unit after the lease has ended and possession is handed over, the landlord may consider the property abandoned and dispose of it as they choose, after notifying the tenant. The notice must state that any property left will be disposed of within 24 hours after the lease ends or appropriate notice is given. The landlord is not responsible for any loss or damage to the property during this 24-hour period and until it is disposed of. (Va. Code Ann. § 55.1-12454)
TENANT PROTECTION REGARDING FORECLOSURES
The landlord must inform the tenant or any prospective tenant in writing if they receive a notice of mortgage default, mortgage acceleration, or foreclosure sale. This notice must be given within five business days after the landlord receives the notice from the lender.
If the property is foreclosed and a tenant is lawfully living there at the time of foreclosure:
The tenant may continue to live in the unit according to the Protecting Tenants at Foreclosure Act (PTFA). (Va. Code Ann. § 55.1-1237)
MORE RELEVANT LAWS
Va. Code Ann. §§ 8.01-124 through 8.01-130.01; Va. Code Ann. § 15.2-979; Va. Code Ann. § 55.1-1237; Va. Code Ann. §§ 55.1-1200 through 55.1-1262; Va. Code Ann. §§ 55.1-1245 through 55.1-1257.
-
How to write a Virginia Eviction Notice
Below is a list of details you may need when preparing a Virginia Eviction Notice. Not all items will apply to every situation. Any documents related to the rental agreement, lease violation, including any late rent notices or proof of lease violation, will also be helpful.
1. Start with the rental addresses
Addresses of the rental property and landlord or property management company.
2. List all tenant names
Every tenant listed on the Lease Agreement, pays rent, or lives there must be included in the notice.
3. Include the status and date of the Lease Agreement
Whether the lease is still active or not, or if there is a lease at all.
4. Detail the reason that the notice is being served
Landlords should always refer to state laws regarding evictions to make sure they have a legally valid reason to evict a tenant. The reason for the eviction will determine the type of notice being delivered.
Review each provision in the lease or rental agreement. If you are evicting tenants for unpaid rent, determine the amount of unpaid rent, if any. If you are evicting tenants for lease violations, determine violations of the lease or rental agreement, if any. Including documentation and the original lease agreement is also a good idea.
Remember, you will need to confirm that any policies and terms referred to in the Eviction Notice are actually present in the fully executed rental contract or lease agreement.
5. Provide the number of days for the notice period
The Eviction Notice should clearly spell out how much time the tenant has to resolve the situation before further legal action is taken. Rocket Lawyer can help you determine how much notice is required for your state and situation and build the right type of Eviction Notice.
6. Attach the proof of service
When using a proof of service to document the delivery of an Eviction Notice, the serving party should sign the document at the time of delivery. In Virginia, this is often called Proof of Service.
Luckily, you don't need to start from scratch when making a Virginia Eviction Notice with Rocket Lawyer. Just answer a few simple questions and we’ll build the right eviction notice for the situation, as well as help with next steps on how to serve your Eviction Notice.
-
The eviction process in Virginia: what happens after making an Eviction Notice?
Now that you have made your Virginia Eviction Notice with Rocket Lawyer, you might be wondering: what now?
The next step is to serve it. You must sign the notice before serving it on the tenant(s) – and there are a few methods for serving the notice:
- Send the notice through certified mail with a return receipt.
- Deliver the notice personally.
- Use a process server.
Please remember that "self-help" or "DIY" evictions are illegal in Virginia. Landlords shouldn't throw out belongings, shut off utilities, change the locks, or in any way attempt to intimidate tenants in an effort to force them to move. Taking the appropriate lawful actions before and throughout the eviction process is critical to removing tenants successfully under a court order.
What happens after the notice period?
If a tenant does not pay rent or move out after the notice period, the landlord can choose to file an eviction lawsuit, also known as an Unlawful Detainer.
What are some essentials throughout the eviction process?
As you prepare to file for an eviction, it is always a good idea to work with a lawyer. An attorney with experience in evictions can answer your questions and help make sure you follow local laws and processes. Also, outside of reviewing your Eviction Notice document, your lawyer can help you prepare and argue your case once it goes in front of a judge.
In order to assemble all of your records for your lawyer, you may want to fill out an Eviction Process Worksheet. This document provides basic information about your tenant and their violation(s) of your rental agreement. You can also attach documentation, including a copy of the lease, photographs of the damage, repair estimates, written statements of witnesses, police reports, and other records to support your case.
If you need to move forward with legal action after delivering the Eviction Notice, you will need to file your lawsuit properly with the local courts. The Virginia website can tell you which documents you will need to file and what the fees might be – or you can ask a lawyer to get started and find an attorney in your state. A local lawyer with experience in evictions can help you navigate the process efficiently.
Virginia Eviction Notice FAQs
-
Do I need an Eviction Notice in Virginia?
Generally speaking, yes, if you wish to remove a tenant from your Virginia rental property, you must always provide them with a Notice of Eviction first to start the process.
Some of the most common situations in which you might need one include:
- The tenant is habitually late to pay their rent or they are behind on payments.
- The tenant has caused substantial damage.
- The tenant harasses or disturbs the quiet enjoyment of their neighbors.
- The tenant is using your property for an illegal business.
- The tenant gets a dog or cat and the rental contract forbids pets.
- The tenant sublets their unit in breach of the agreement.
Outside of these violations, a renter may also be evicted for reasons unrelated to anything they’ve done wrong – like when the property owner needs to move back in.
Please note that the list above isn't exhaustive and that the acceptable reasons for evicting a tenant may be a little different from place to place. If you've got any concerns about Virginia eviction laws, reach out to a Rocket Legal Pro™.
-
When do I not need to provide notice in Virginia?
You can skip serving an Eviction Notice and go straight to filing with the courts if the renter commits a criminal act that endangers the property or other tenants. Criminal acts include illegal drug activities.
-
Do I need a lawyer if I am evicting someone in Virginia?
While you can choose to make a Virginia Eviction Notice without support from a lawyer, many landlords find having a lawyer available for questions and consultations extremely helpful.
A Rocket Legal Pro™ with experience in landlord-tenant matters can help you with evictions, or any other issues that may arise. A Rocket Legal+ membership provides significant discounts on Pro Services, including attorney consultations, and unlimited customizable and e-signable rental documents, at an incredibly low price.
As a property owner or manager, you can be confident that Rocket Lawyer is by your side.
-
How do Virginia eviction laws affect me as a rental property owner?
Laws change depending on where you (and your property) are. The notice periods in Virginia, for example, might be different from the ones in other states – in fact, there might even be differences between counties and cities. All the ways the document may be served to the tenant also vary.
This is all to say that the eviction process and restrictions can be complicated to navigate, particularly when keeping in mind state-specific requirements. As a result, it is strongly recommended that every property owner connect with a lawyer when making a Notice of Eviction in Virginia - or anywhere else - to any tenant.
-
How do I create a Virginia Eviction Notice template for free?
Don’t worry – you don’t have to make it all on your own: you can use the document tools on Rocket Lawyer to make a Virginia Eviction Notice for free. All you have to do is answer a few simple questions and we will put together a customized notice for you, piece by piece, and with all the details customized to your situation. This is often much less time-consuming than other solutions.
-
How is a Virginia Notice to Vacate structured?
That might change a little depending on the type of Eviction Notice you may need. However, some information must always be provided. Before getting started, you might want to gather the following critical details:
- The address and description of the property.
- The renter's contact information.
- How many past due rent payments should be made (if any) to bring the tenant into compliance with the lease or rental agreement.
- Which of the lease clauses have been violated (and a copy of the Lease Agreement, in this case).
- How much time the tenant has to resolve the situation.
In the event that the tenant isn't at fault, you may want to provide more context. Further customization is permitted as well. You'll need to confirm that all of the policies and terms mentioned in the Virginia Eviction Notice are present in the fully executed rental contract.
-
How much might it normally cost to evict a tenant in Virginia?
The cost of an eviction varies widely depending on your location and the specifics of the situation. Some things to consider are the cost of filing court documents, legal fees, the value of unrecovered payments, storage or cleaning fees, as well as the money and time spent finding a replacement tenant.
A Rocket Legal+ membership provides savings for some of these expenses, including unlimited customizable and e-signable rental documents, significant discounts on Pro Services, and ongoing support for your rental property business.
-
How long does it take to complete the Virginia eviction process from beginning to end?
The duration of the eviction process for Virginia tenants will usually depend on the notice period required, as well as the lawsuit period if you proceed with one.
Below, you'll find a basic explanation of Virginia notice periods to get you started:
- Past-due rent: 5-day notice.
- Lease agreement violations: 21-day notice to fix issue or 30 days to move out.
- No fault of the tenant(s): 30-day notice.
If the tenant decides to leave before the notice period ends - which is common - the process actually becomes a lot shorter.
If that doesn’t happen, when your notice period is over, the actual eviction may take anywhere from 2 to 4 months. Please note that with certain kinds of housing, for instance where rent is subsidized, the mandated notice period is often even longer.
-
What are my next steps after I have made an Eviction Notice/Notice to Quit in Virginia?
After making a Virginia Eviction Notice, the next step is to serve it. You may read more about the eviction process in Virginia and everything that follows here.
-
What happens after the given notice period is over in Virginia?
If a tenant does not pay rent after being given a notice, the landlord can choose to file an eviction lawsuit, also known as an Unlawful Detainer.
Our quality guarantee
We guarantee our service is safe and secure, and that properly executed Rocket Lawyer legal documents are legally enforceable under applicable US laws.
Need help? No problem!
Ask a question for free or get affordable legal advice when you connect with a Rocket Lawyer network attorney.
