Updated August 21, 2023
A Virginia eviction notice is used when a tenant has either failed to pay rent when it is due or breached other terms of the lease. The first step in the process is to give written notice to the tenant that there is an issue and that they need to respond or face eviction. If the tenant responds, the lease continues as usual. If not, the landlord will be forced to file an eviction (Unlawful Entry and Detainer) at the General District Court – Civil Division.
By Type (3)
5-Day Notice to Quit (Non-Payment of Rent) – This form may be used when the tenant has failed to pay rent when it is due. The landlord may provide this notice and then wait the requisite fourteen days before proceeding with the eviction process.
Download: PDF, MS Word, OpenDocument
21/30-Day Notice to Quit (Non-Compliance) – If a tenant has failed to comply with the provisions of the lease, other than non-payment of rent, the landlord must give 21 days’ notice to allow the tenant to rectify the problem or move out at the end of the 30 day period.
Download: PDF, MS Word, OpenDocument
30-Day Notice to Quit (Month-to-Month Tenancy) – This form is used when a party wants to notify another party that they do not intend to renew a month-to-month tenancy.
Download: PDF, MS Word, OpenDocument
Table of Contents |
Eviction Laws
- Rent Grace Period: 5 days for oral leases only. § 55.1-1204(C)(4)
- Non-Payment of Rent: 5 days. § 55.1-1245(F)
- Non-Compliance: 30 days. § 55.1-1245(A)
- Termination (Month-to-Month Lease): 30 days. § 55.1-1253(A)
- Eviction Lawsuit: Unlawful entry and detainer. § 8.01-124 – 8.01-130
Court Forms
Summon for Unlawful Detainer (Form DC-421) – Defines the reason for the lawsuit filed against the tenant and provides information about how the individual must respond once sued. The form must be filed by the landlord with the General District Court with jurisdiction over the property.
Request for Writ of Possession (Form DC-469) – After a landlord wins an eviction lawsuit, they can file this document to request a court order for the eviction of the tenant from the premises. The sheriff’s office will serve the court order on the tenant who will then have a minimum of seventy-two (72) hours notice before being required to vacate.
When is Rent Due
Rent is due on the date that the landlord and tenant agreed to in the lease. If the tenant fails to pay on time, the landlord may issue a notice giving the tenant fourteen days to pay before beginning the eviction process.
How to Evict (4 steps)
- Provide Notice to Tenant
- File Unlawful Detainer Action
- Receive Court Judgment
- Hire Sheriff to Remove Tenant If Necessary
1. Provide Notice to Tenant
In Virginia, a landlord must provide notice to the tenant to allow the tenant a chance to respond before going to court to begin the eviction process. It is important that the landlord provides written notice and that the notice is delivered to the tenant. The landlord should keep a copy of the notice and have evidence that it was delivered. The landlord may use one of the following types of notice:
2. File Unlawful Detainer Action
If the tenant does not respond to the notice by either fixing the situation or moving out then the landlord may begin the eviction process by going to the General District Court – Civil Division which has jurisdiction over the area in which the property is located. The first step is to file an Unlawful Detainer action. The court will set a hearing date within 30 days and the landlord will have it served on the tenant.
3. Receive Court Judgment
If the tenant either does not show up at the hearing or the landlord prevails in court, the court will issue a judgment for possession and the landlord can ask for a Writ of Possession.