Virginia: Eviction Notice Requirements

Requirements one by one

Governing law

Virginia's residential eviction notices are set by the Virginia Residential
Landlord and Tenant Act (VRLTA), in Title 55.1, Chapter 12. The core notice
section for a tenant's breach and for unpaid rent is § 55.1-1245; ending a
month-to-month or other periodic tenancy runs through § 55.1-1253; how a notice
is served is § 55.1-1202; the tenant's powerful pay-and-stay right is § 55.1-1250;
and retaliation is barred by § 55.1-1258.

Notice for unpaid rent

The rent notice is a written 14-day pay-or-quit. A landlord may terminate for
nonpayment only "if rent is unpaid when due, and the tenant fails to pay rent
within 14 days after written notice is served on him notifying the tenant of his
nonpayment, and of the landlord's intention to terminate" (§ 55.1-1245(F)). The 14
days run on calendar days from service, and paying the rent within them stops the
termination. Watch the date: this 14-day period is a COVID-era extension of
Virginia's older 5-day notice, and the Code already contains a later version that
reverts the period to 5 days, effective the later of July 1, 2028 or seven
years after the COVID-19 state of emergency expired. Until then, 14 days is the
current rule.

Notice for a lease violation

For a fixable (remediable) breach of the lease — or a health-and-safety violation
of the tenant's § 55.1-1227 duties — Virginia uses a "21/30" notice: the
landlord serves written notice "specifying the acts and omissions constituting the
breach" and stating that the agreement "will terminate upon a date not less than
30 days after receipt of the notice if the breach is not remedied in 21 days"
(§ 55.1-1245(A)). If the tenant "adequately remedies the breach prior to the date
specified in the notice, the rental agreement shall not terminate"
(§ 55.1-1245(B)). In short: you have 21 days to fix the problem, inside a 30-day
window before the tenancy ends.

Unconditional quit (no cure allowed)

A breach "that is not remediable" gets a 30-day written notice with no cure right
(§ 55.1-1245(C)). And the statute singles out serious conduct for immediate
termination: "when a breach... involves or constitutes a criminal or a willful act
that is not remediable and that poses a threat to health or safety, the landlord
may terminate the rental agreement immediately and proceed to obtain possession."
It states that "any illegal drug activity" is "an immediate nonremediable
violation," and sets an expedited court hearing "within 15 calendar days from the
date of service." Separately, if a tenant who already cured a breach
"intentionally commits a subsequent breach of a like nature," the landlord may
give a 30-day non-curable notice (§ 55.1-1245(E)).

Ending a month-to-month tenancy

To end a periodic tenancy with no fault, § 55.1-1253(A) requires "at least 30 days
prior to the next rent due date" for a month-to-month tenancy, and "at least seven
days" for week-to-week — unless the lease sets a different month-to-month period.
One special rule protects renters in large buildings: a multifamily owner that
declines to renew "20 or more month-to-month tenancies or 50 percent of the
month-to-month tenancies within a consecutive 30-day period" must give those
tenants "at least 60 days" notice (§ 55.1-1253(B)).

How the notice must be served

Under § 55.1-1202, a notice to the tenant "is served at the tenant's last known
place of residence, which may be the dwelling unit." Electronic delivery is
allowed only "if the rental agreement so provides," and even then "any tenant who
so requests may elect to send and receive notices in paper form," with the sender
keeping proof of delivery. The content matters too: a breach notice must specify
"the acts and omissions constituting the breach," and a nonpayment notice must
state the nonpayment and the landlord's intention to terminate — a notice missing
those is defective.

Tenant's right to cure/reinstate

Beyond curing a breach within the notice period, Virginia gives a nonpaying tenant
an unusually strong right of redemption. Under § 55.1-1250(B), the tenant may
pay — or present a local-government or nonprofit "redemption tender" for — "all
rent due and owing as of the return date, including late charges, attorney fees,
and court costs, at or before the first return date" and have the case dismissed.
Even later, § 55.1-1250(D) lets the tenant (or a third party) pay "all amounts
claimed on the summons... no less than 48 hours before" the scheduled eviction to
cancel it. One limit: a landlord "with four or fewer rental dwelling units" may
restrict this to "once per lease period" with written notice (§ 55.1-1250(A)).
Retaliation is also a defense — a landlord "may not retaliate... by bringing or
threatening to bring an action for possession" after learning the tenant
complained to a housing-code agency, complained about or sued over a VRLTA
violation, joined a tenants' organization, or testified against the landlord
(§ 55.1-1258) — but the tenant carries the burden of proving retaliatory intent.

What trips people up

The 14-day rent notice is temporary. It is longer than Virginia's historic
5-day notice because of a COVID-era change, and the Code already schedules a
return to 5 days effective the later of July 1, 2028 or seven years after the
COVID-19 emergency expired. Anyone relying on "14 days" should confirm the date
before acting near that window.

A curable lease breach has two clocks, not one. The "21/30" notice gives 21
days to actually fix the problem, inside a 30-day period before the tenancy ends
(§ 55.1-1245(A)). Curing on day 25 is too late for the cure even though the
tenancy has not yet terminated.

You can often pay to stop the eviction very late — but maybe only once. The
redemption right runs up to 48 hours before the scheduled eviction (§ 55.1-1250(D)),
yet a small landlord (four or fewer units) can limit a tenant to using it once per
lease period if they gave written notice of that limit (§ 55.1-1250(A)).

Common questions

If I pay the rent within 14 days of the notice, is the eviction over? For that
nonpayment ground, yes — § 55.1-1245(F) lets the landlord terminate only if you
fail to pay within the 14 days, so paying in full inside the window defeats it.
Keep proof of payment, and note the period is set to shrink to 5 days after
mid-2028.

My landlord says I broke the lease — do I get a chance to fix it? Usually.
For a remediable breach you get the "21/30" notice: 21 days to cure before a
termination that is at least 30 days out (§ 55.1-1245(A)-(B)). Only a
non-remediable breach — or a criminal or dangerous act like illegal drug activity
— skips the cure and can even be immediate (§ 55.1-1245(C)).

Can my landlord end my month-to-month lease without giving a reason? Yes.
Virginia has no statewide just-cause requirement, so a landlord may end a
month-to-month tenancy for any reason by giving at least 30 days' written notice
before the next rent due date (§ 55.1-1253(A)).

Can my landlord lock me out or shut off the utilities instead of going to
court? No. Only a court can order an eviction in Virginia, and the sheriff
carries out the writ. A lockout, utility shutoff, or removing a tenant's
belongings to force a move-out is unlawful self-help, not a substitute for an
unlawful detainer case.

Statutes and sources

• Va. Code § 55.1-1245 — tenant breach and nonpayment: the 21/30 cure notice, the
  30-day and immediate non-remediable/criminal termination, and the 14-day
  nonpayment notice (reverting to 5 days after mid-2028).
  https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1245/ (accessed 2026-07-10)
• Va. Code § 55.1-1253 — ending a periodic tenancy: 30 days (month-to-month),
  7 days (week-to-week), and a 60-day large-multifamily non-renewal rule.
  https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1253/ (accessed 2026-07-10)
• Va. Code § 55.1-1202 — how notice is served (tenant's last known residence;
  electronic only by agreement) and its content requirements.
  https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1202/ (accessed 2026-07-10)
• Va. Code § 55.1-1250 — the tenant's right of redemption: pay all amounts owed at
  or before the first return date, or up to 48 hours before eviction; small
  landlords may limit it to once per lease period.
  https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1250/ (accessed 2026-07-10)
• Va. Code § 55.1-1258 — retaliatory-eviction bar; tenant bears the burden of
  proving retaliatory intent.
  https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1258/ (accessed 2026-07-10)