Virginia Eviction Process: Notice Periods, Timeline, and Costs
Every step a Virginia landlord has to take to remove a tenant legally, how long each one takes, and the mistakes that force you to start over. Last reviewed 2026-08-21.
Before anything else: eviction in Virginia is a court process. You cannot change the locks, shut off utilities, or remove a tenant’s belongings to force them out, no matter how far behind they are. Doing so is the most expensive mistake a small landlord can make.
Step 1: Serve the right notice
As of July 1, 2026, Va. Code § 55.1-1245(F) gives a residential tenant 14 days after written notice is served to pay the rent before you may terminate the rental agreement and file for possession. This is a change — the notice was five days for years, and virtually every guide, form packet and template still online says five. The notice must identify the amount of rent owed and state that the rental agreement will terminate and possession will be sought if payment is not made within the period. Service follows Va. Code § 55.1-1202: hand delivery to the tenant, or first-class mail with a certificate of mailing, or posting on the main entrance door plus mailing.
Virginia's signature rule is the 21/30 notice under § 55.1-1245(A): written notice stating that the rental agreement terminates on a date not less than 30 days after receipt unless the breach is remedied within 21 days. If the breach is not remediable, § 55.1-1245(C) allows a notice terminating in not less than 30 days with no cure period, and a criminal or willful act that threatens health or safety or involves illegal drugs allows immediate termination under § 55.1-1245(D).
Ending a month-to-month tenancy with no cause
Under Va. Code § 55.1-1253(A) a month-to-month tenancy is ended by written notice served at least 30 days prior to the next rent due date, unless the rental agreement provides a different period, and a week-to-week tenancy requires seven days. Owners of multifamily buildings who decline to renew 20 or more month-to-month tenancies, or 50 percent of them, within a 30-day window must give 60 days. Virginia has no statewide just-cause requirement.
Step 2: File with the court
Unlawful detainer actions are filed in the General District Court for the city or county where the property is located under Va. Code § 8.01-126. Expect roughly $50 to file without sheriff service and about $62 to $80 once you add the sheriff's service fee of about $12 per defendant; the exact total varies by locality.
Virginia tenants do not file a written answer to start with — they appear in General District Court on the return date printed on the summons, which must be served at least 10 days before that date. If the tenant contests possession the judge sets a later trial date and may order a bill of particulars and grounds of defense.
How long the whole thing takes
Count 14 or 30 days of notice, a return date that must fall within 21 days of filing (30 at the outside), a possible second trial date if contested, then a writ of eviction that must be requested within 180 days of judgment, returned within 30 days of issuance, and preceded by the sheriff's 72-hour notice. Redemption payments and continuances are the usual reasons cases stretch out.
What you absolutely cannot do
Va. Code § 55.1-1243.1 prohibits unlawfully removing or excluding a tenant, interrupting essential services, or taking willful action to make the premises unsafe, all without a court order. A tenant petitions the General District Court, which must hold a hearing within five calendar days and can order you to restore possession and services immediately. The penalty is severe by national standards: actual damages plus statutory damages of $5,000 or four months' rent, whichever is greater, plus reasonable attorney's fees, and the court can terminate the lease and order the full security deposit returned.
Recent changes to the law
Effective July 1, 2026, Va. Code § 55.1-1245(F) extends the residential pay-or-quit notice period from five days to 14 days. A further amendment effective July 1, 2027 will require landlords with five or more units to offer an installment payment plan when the rent owed is one month's rent or less.
What Virginia landlords get wrong
The July 1, 2026 change from a five-day to a 14-day pay-or-quit notice is the single biggest trap in Virginia right now — nearly every template and article still in circulation says five days, and a five-day notice served today will not support a judgment. The second trap is redemption under § 55.1-1250: a tenant who pays all rent, late fees, attorney fees and court costs before the return date gets the case dismissed, can use a redemption tender from a local government or nonprofit to buy a 10-day continuance, and can even pay up to 48 hours before the scheduled eviction to stop the writ. A landlord who owns four or fewer rental units may limit that redemption right, but only by giving the tenant written notice of the limitation. You can represent yourself in General District Court, and an owner may be represented by a non-lawyer agent for unlawful detainer, but the rules on who may appear for an entity are strict.
The law itself
Frequently asked questions
Is the Virginia pay or quit notice 5 days or 14 days?
Fourteen days, as of July 1, 2026. Virginia Code § 55.1-1245(F) was amended in the 2026 session to extend the residential nonpayment notice from five days to 14. Most templates, blog posts and form packets online still say five days. Serving a five-day notice now will not support an unlawful detainer judgment, and you will have to start over.
What is the 21/30 notice in Virginia?
It is the notice for a material lease violation under § 55.1-1245(A). You give written notice stating the rental agreement terminates on a date not less than 30 days after receipt unless the tenant remedies the breach within 21 days. Both numbers must appear correctly. Non-remediable breaches get a 30-day notice with no cure, and criminal or willful safety threats allow immediate termination.
Can my tenant pay and stay after I file in Virginia?
Yes, in several ways. Under § 55.1-1250 a tenant who pays all rent, late fees, attorney fees and court costs before the return date gets the case dismissed, and can pay up to 48 hours before the scheduled eviction to stop the writ. If you own four or fewer rental units you may limit that right, but only by giving written notice of the limitation.
How much notice to end a month-to-month lease in Virginia?
Thirty days' written notice served at least 30 days before the next rent due date, under § 55.1-1253(A), unless your rental agreement sets a different period. Week-to-week tenancies require seven days. Larger multifamily owners who decline to renew 20 or more month-to-month tenancies within 30 days must give 60 days' notice instead.
Keep reading
The best eviction is the one you never file.
Vantric tracks rent, late payments, and lease dates so problems surface early — while they are still a conversation, not a court date.
Start Free TrialThis page is general information, not legal advice. Eviction procedure is unforgiving of small errors and varies by county. Verify against the official statute text linked above, and talk to a local attorney before you file.