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Virginia 5-Day Notice to Quit Form | Non-Payment of Rent

A Virginia 5-day notice to pay or quit is a form a landlord gives to a tenant who has defaulted on the payment of rent. The tenant will have five days after being served notice to remedy past-due rent and all charges that encompass the breach. The notice requires the tenant to either pay their unpaid rent or vacate the premises.
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Updated January 30, 2025

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Laws

  • Notice Period: Five days.[1]
  • Rent Grace Period: Five days, unless otherwise established in the lease agreement.[2]
  • Maximum Late Fee: 10% of either the periodic rent or the amount of unpaid rent due, whichever is lesser.[3]

Delivery Options (3)

  1. Delivering a copy of the notice directly to the tenant;
  2. Sending by first-class mail;
  3. Leaving a copy at the tenant’s residence; or[4]
  4. Emailing a copy (if this has been agreed to by both parties in the lease).[5]

Waiver of Landlord’s Right to Terminate

If the landlord accepts full payment of the amount of rent past due, then they may no longer continue with eviction proceedings. However, this waiver does not apply to the acceptance of partial payments of unpaid rent.[6]

Sample

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Sources

  1. Va. Code § 55.1-1245(F)
  2. Va. Code § 55.1-1204(C)(4)
  3. Va. Code § 55.1-1204(E)
  4. Va. Code § 8.01-296
  5. Va. Code § 55.1-1202(A)
  6. Va. Code § 55.1-1250(A)