🏛️ Courthouse Information and Locations for Virginia
Virginia Eviction Laws: Notice Requirements, Process, and Timelines
Virginia handles evictions through General District Court using “Unlawful Detainer” proceedings governed by the Virginia Residential Landlord and Tenant Act (VRLTA) at Va. Code Ann. §§ 55.1-1200 through 55.1-1259 and Va. Code §§ 8.01-124 through 8.01-130. Virginia requires a 5-day notice for nonpayment (one of the shortest in the country) and 30 days for lease violations. Key features include “right to redeem” allowing tenant to pay all amounts owed up to 48 hours before scheduled eviction, 10-day appeal period after judgment, and 72-hour sheriff’s notice before physical removal. Total timeline is typically 4-8 weeks. Below you’ll find everything landlords need to know.
Virginia Eviction Laws
Comprehensive guide to Virginia's eviction process, including notice requirements, timelines, court procedures, costs, tenant protections, and landlord rights. Cases are typically filed in General District Court.
⚡ Quick Overview
💰 Nonpayment of Rent
Virginia requires 5-day written pay-or-quit notice (§55.1-1245(F)). No statutory grace period, but rent must be 5 days late before late fees apply (§55.1-1204.1). Tenant can redeem tenancy by paying all rent, late fees, attorney fees, and court costs on or before the court return date (§55.1-1250). Tenant may also present a "redemption tender" - a written commitment from a government or nonprofit entity to pay within 10 days of return date. Late fee cap: 10% of periodic rent. The Eviction Diversion Program was renewed and expanded in 2025, allowing qualifying lower-income tenants to be placed on court-ordered payment plans.
📋 Lease Violation
Virginia lease violation notice is a two-part structure: tenant gets 21 days to CURE the remediable violation, and if not cured, the tenancy terminates on day 30 (§55.1-1245(A)). For non-remediable violations (criminal acts, serious health/safety threats), landlord can issue a 30-day unconditional quit notice (§55.1-1245(C)). For repeat violations within 6 months of prior written notice, landlord can issue 30-day unconditional quit (§55.1-1245(E)). Criminal/willful acts threatening health/safety require NO notice (§55.1-1245(C)). Late fees capped at 10% of periodic rent, cannot be charged until rent is 5+ days late (§55.1-1204.1). Eviction Diversion Program renewed and expanded in 2025.
📬 Service of Process
Summons served by sheriff. 5-day notice can be hand-delivered or posted + mailed. Notice must be in writing.
🏛️ Court & Legal Information
Northern Virginia courts (Fairfax, Arlington, Prince William) have significant backlogs. Richmond and Virginia Beach also slower.
⚖️ Appeals & Post-Judgment
Sheriff executes writ of possession. 24-hour notice posted before execution. Landlord changes locks after.
📦 Tenant Property & Abandonment
Per §55.1-1254: Landlord may dispose of property 24 hours after (a) termination if notice included statement, (b) expiration of 7-day abandonment notice per §55.1-1249, or (c) expiration of 10-day separate written notice
🏦 Security Deposits
Return within 45 days with itemized deductions. Cannot exceed 2 months rent. Must hold in escrow. Move-in inspection report recommended.
💵 Late Fees
Late fee cannot be charged until rent is 5 days late. Cannot exceed 10% of periodic rent. Must be in lease.
🛡️ Tenant Protections
State preempts local rent control (Va. Code §55.1-1205.1)
🏙️ Local Overrides & City-Specific Rules
Northern Virginia jurisdictions and Richmond may have additional local protections. Check local ordinances.
Underground Landlord📝 Virginia Eviction Process (Overview)
- Serve the required notice based on the eviction reason (nonpayment or lease violation).
- Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
- File an eviction case with the General District Court. Pay the filing fee (~$58).
- Tenant is served with a summons and has the opportunity to respond.
- Attend the court hearing and present your case.
- If you prevail, obtain a writ of possession from the court.
- Law enforcement executes the writ and removes the tenant if necessary.
🏛️ Courthouse Information and Locations for Virginia
📊 Data Confidence
ℹ️ Filing fees are approximate and may change - verify with local court clerk before filing | ℹ️ Eviction timelines are estimates - actual duration varies by county caseload, tenant response, and case complexity
Underground Landlord
Disclaimer: This is general educational information, not legal advice. Consult a qualified Virginia attorney for specific legal guidance.
Governing Law and Court System
Virginia evictions are governed by:
- Va. Code Ann. §§ 55.1-1200 to 55.1-1259: Virginia Residential Landlord and Tenant Act (VRLTA)
- Va. Code §§ 8.01-124 to 8.01-130: Unlawful Entry and Detainer procedures
- Va. Code §§ 8.01-470 to 8.01-472: Writ of eviction procedures
Court: Virginia General District Court (or Circuit Court) in the county or city where the property is located.
Filing fees: $50-$100 depending on county and service method.
Self-Help Eviction Prohibited
Self-help evictions are strictly illegal for residential tenancies in Virginia. Landlords cannot:
- Change locks
- Turn off utilities
- Remove tenant’s belongings
- Physically remove tenant
Only a sheriff or high constable can execute eviction after court order (Va. Code § 8.01-293(B)).
Legal Grounds for Eviction
Landlords may evict for (Va. Code § 55.1-1245):
- Nonpayment of rent
- Material lease violations (curable)
- Material lease violations (incurable)
- Criminal activity
- Health or safety threats
- Property damage
- Holdover after lease expiration
- End of month-to-month tenancy
Notice Requirements by Violation Type
Nonpayment of Rent: 5-Day Notice to Pay or Quit
- 5 days to pay or vacate (unless lease provides otherwise)
- Notice must state amount of unpaid rent
- Notice must state termination date (not less than 5 days)
- If tenant pays all rent due before 5 days expire, eviction stops
(Va. Code § 55.1-1245(F))
Accepting partial rent: Landlord can accept partial payment and still proceed with eviction IF notice states payments are “accepted with reservation” and won’t waive landlord’s right to evict (Va. Code § 55.1-1250).
Curable Lease Violations: 30-Day Notice to Cure or Quit
- 30-day notice total
- Tenant has 21 days to cure the violation
- If not cured, tenancy terminates after the full 30 days
- Examples: unauthorized pets, noise violations, unauthorized occupants
(Va. Code § 55.1-1245(B))
Incurable Lease Violations: 30-Day Unconditional Notice
- 30-day notice to vacate
- No cure right
- Examples: repeated violations, serious property damage
(Va. Code § 55.1-1245(C))
Criminal Activity or Health/Safety Threats: Immediate Termination
For serious violations:
- No notice required – can terminate immediately
- Can proceed directly to filing unlawful detainer
- Includes: drug-related activity, violence, threats to health/safety
(Va. Code § 55.1-1245(C))
Month-to-Month Termination: 30-Day Notice
- 30 days’ written notice before next rent due date
- No reason required
(Va. Code § 55.1-1253)
Multifamily Mass Non-Renewals: 60-Day Notice
If landlord fails to renew 20+ month-to-month tenancies (or 50%) within 30 days in same building:
- 60 days’ notice required to each tenant
Holdover After Lease Expiration
- No additional notice required after lease naturally expires
- Can proceed to filing unlawful detainer
Serving the Eviction Notice
Notice may be served by:
- Sheriff
- Private process server
- Any person 18+ not involved in case
- Posting on property AND mailing
Virginia Department of Housing and Community Development provides fillable notice forms.
Filing the Unlawful Detainer
After notice period expires:
- File Summons for Unlawful Detainer (Civil Claim for Eviction) with General District Court
- Pay filing fee ($50-$100)
- Submit: copy of lease, termination notice
- Court assigns hearing date (typically within 21 days)
Note: Court will not issue order of possession without proper eviction notice being filed as evidence (Va. Code § 8.01-126(E)(2)(a)).
Service of Summons
Tenant must be served at least 10 days before the return date:
- Personal service
- Substituted service (family member)
- Posting AND mailing
- Publication (with court order)
Tenant Response
Tenant is not required to file written answer or appear—but failure to appear typically results in default judgment for landlord.
“Right to Redeem” – Pay to Stop Eviction
Virginia provides multiple opportunities to pay and stop eviction:
Before or On Court Date
- Tenant can pay all owed rent, late fees, court costs, and attorney fees
- Avoids judgment
“Redemption Tender”
- Tenant can present written commitment from local agency/nonprofit to pay all amounts due
After Judgment – Up to 48 Hours Before Eviction
- Tenant can pay landlord, landlord’s attorney, or court ALL amounts owed
- Must be paid at least 48 hours (2 business days) before scheduled eviction date
- Includes: all rent, late fees, court costs, attorney fees, sheriff fees
- Limitation: Can only use this remedy once in any 12-month period
(Va. Code § 55.1-1250)
Court Hearing
At the hearing:
- Both parties present evidence
- Landlord should bring: lease, notice with proof of service, rent ledger, photos, communications
- Judge issues judgment
If landlord wins: Judgment for Possession issued, may also include unpaid rent, damages, attorney fees, court costs.
10-Day Appeal Period
After judgment:
- Tenant has 10 days to appeal to Circuit Court
- Must post security/bond approved by court
- Sheriff cannot execute writ during appeal period (unless waived)
(Va. Code § 8.01-129)
Waiver: Landlord can request immediate possession at hearing, waiving 10-day appeal period (certain conditions must be met).
Writ of Eviction (Writ of Possession)
After 10-day appeal period expires:
- Landlord files Request for Writ of Eviction in Unlawful Detainer Proceedings
- Must request within 180 days of judgment or start over
- Writ issued immediately and sent to sheriff
(Va. Code § 8.01-471)
Sheriff Execution
After writ is issued:
- Sheriff must execute within 15 days (no later than 30 days) of receiving writ
- Sheriff must give tenant at least 72 hours’ advance notice of eviction date/time
- Typical practice: 5-7 days notice
- Sheriff contacts landlord to schedule date/time
(Va. Code § 8.01-470)
Types of Eviction Execution
24-Hour Lock Change Eviction (most common):
- Landlord provides locksmith
- Locks changed on eviction day
- Tenant has 24 hours to remove belongings
- After 24 hours, property belongs to landlord
Full Eviction:
- Tenant’s property placed on nearest public right-of-way
- Landlord provides locksmith and moving help
- More expensive but immediate possession
Abandoned Property
After eviction (Va. Code § 55.1-1255):
- 24-hour lock change: property left after 24 hours goes to landlord for sale or disposal
- May need to store off-site depending on local rules
Tenant Defenses
- Improper notice: Wrong type, insufficient days, improper service
- Premature filing: Filed before notice period expired
- Payment: Rent was paid
- Retaliation: Eviction in response to tenant exercising rights
- Habitability: Landlord failed to maintain premises
- Discrimination
- Accepted rent without reservation: Creates new tenancy, waives right to evict
- Statement of Rights not signed: Required under Va. Code § 55.1-1204
- “Innocent tenant” defense: For criminal activity by guest/invitee
Special Programs
Eviction Diversion Program
Renewed and expanded (originally set to expire July 1, 2025):
- Allows lower-income tenants meeting criteria to be placed on court-ordered payment plans
- Aims to reduce evictions statewide
Typical Timeline
- Notice period: 5-30 days (depending on reason)
- Filing to hearing: ~21 days (tenant must be served 10+ days before)
- Appeal period: 10 days
- Writ issued and delivered to sheriff: 1-5 days
- 72-hour notice posted: (typically 5-7 days given)
- Sheriff execution: Within 15-30 days of writ
- Total (uncontested nonpayment): 4-6 weeks
- Contested or lease violation: 6-8+ weeks
Best Practices for Virginia Landlords
- Use correct notice type: 5-day for nonpayment, 30-day for lease violations
- Include “accepted with reservation” language in notice if you may accept partial payment
- Keep proof of notice service
- File within notice period expiration—not before notice expires
- Submit copy of notice and lease to court as required
- Request writ within 180 days of judgment or it expires
- Be aware tenant can pay everything owed up to 48 hours before eviction
- Coordinate with sheriff for eviction date—landlord must provide locksmith
- Never attempt self-help eviction
- Document everything for court
Quick Reference: Virginia Eviction Rules
- Nonpayment notice: 5 days
- Curable lease violation: 30 days (21 days to cure + 9 days to vacate)
- Incurable lease violation: 30 days
- Criminal activity/health-safety: Immediate (no notice required)
- Month-to-month termination: 30 days
- Service before hearing: 10 days minimum
- Appeal period: 10 days
- Right to redeem: Up to 48 hours before eviction (once per 12 months)
- Writ request deadline: 180 days from judgment
- Sheriff execution: 15-30 days from writ
- Sheriff notice to tenant: 72 hours minimum
- Filing fee: $50-$100
- Governing law: Va. Code § 55.1-1200 et seq.; § 8.01-124 et seq.
Bottom line: Virginia has one of the shortest nonpayment notice periods at 5 days. Lease violations require 30 days (21 days to cure, 9 days to vacate). Landlords can accept partial rent without waiving eviction rights if notice includes “accepted with reservation” language. Tenant has 10 days to appeal after judgment. After appeal period, landlord requests writ of possession (must request within 180 days). Sheriff gives tenant minimum 72 hours’ notice before physical eviction—but tenant can stop eviction by paying all amounts owed up to 48 hours before scheduled date (once per year). Landlord must provide locksmith for eviction day. Never attempt self-help eviction. Document everything.