Virginia 21/30-Day Notice to Cure or Quit (Material Noncompliance)

VIRGINIA 21/30-DAY NOTICE TO CURE OR QUIT

TABLE OF CONTENTS

1. Notice Header and Recipients
2. Property and Tenancy Identification
3. Statutory Basis — Type of Notice
4. Description of the Material Noncompliance
5. Demand to Cure or Surrender Possession
6. Effect of Failure to Cure
7. Reservation of Rights and No-Waiver Clause
8. Anti-Retaliation, VAWA, SCRA, and Fair Housing Notices
9. Signature and Verification
10. Certificate of Service / Affidavit of Service
11. Virginia Practice Notes
12. Sources and References

1. NOTICE HEADER AND RECIPIENTS

TO: [TENANT FULL LEGAL NAME(S)]
[ALL ADULT OCCUPANTS / "AND ALL OTHERS IN POSSESSION"]
[RENTAL UNIT STREET ADDRESS]
[CITY], Virginia [ZIP CODE]

FROM: [LANDLORD / MANAGING AGENT NAME]
[LANDLORD MAILING ADDRESS]
[CITY], Virginia [ZIP CODE]
Telephone: [____________________]
Email: [____________________]

DATE OF NOTICE: [__/__/____]

2. PROPERTY AND TENANCY IDENTIFICATION

3. STATUTORY BASIS — TYPE OF NOTICE

Check ONE box. This Notice is issued under:

☐ Va. Code § 55.1-1245(A) — CURABLE BREACH (21/30-DAY NOTICE). The Tenant has materially breached the rental agreement or the obligations imposed by § 55.1-1227. The Tenant has twenty-one (21) days from receipt of this Notice to remedy the breach. If the breach is not remedied within 21 days, the rental agreement shall terminate upon a date not less than thirty (30) days after receipt of this Notice.

☐ Va. Code § 55.1-1245(C) — NON-CURABLE BREACH (30-DAY TERMINATION). The Tenant's act of noncompliance is not remediable by repair, payment of damages, or other affirmative action. The rental agreement shall terminate upon a date not less than thirty (30) days after receipt of this Notice; no opportunity to cure is provided.

☐ Va. Code § 55.1-1245(C) — IMMEDIATE TERMINATION. The Tenant, an authorized occupant, or a guest or invitee of the Tenant has committed illegal drug activity or another criminal or willful act that is not remediable and also poses a threat to health and safety. The rental agreement is terminated IMMEDIATELY upon receipt of this Notice with no opportunity to cure and no 30-day waiting period.

☐ Va. Code § 55.1-1245(E) — SUBSEQUENT LIKE-NATURE BREACH (30-DAY NOTICE; NO NEW CURE). The Landlord previously served the Tenant with a written notice requiring remedy of a breach, dated [__/__/____] (attached as Exhibit A), and the Tenant remedied that breach. The Tenant has now intentionally committed a subsequent breach of like nature. The rental agreement shall terminate not less than thirty (30) days after receipt of this Notice without a new opportunity to cure.

4. DESCRIPTION OF THE MATERIAL NONCOMPLIANCE

YOU ARE HEREBY NOTIFIED that you are in material noncompliance with the rental agreement and/or with your obligations under Va. Code § 55.1-1227 in the following specific respects:

Acts and omissions constituting the breach (be specific — date, location, description):

[________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________]

Lease provision(s) and/or statutory subsection(s) violated:

Date(s) breach observed: [__/__/____] [__/__/____] [__/__/____]

Witnesses / supporting documentation: [________________________________]

5. DEMAND TO CURE OR SURRENDER POSSESSION

For § 55.1-1245(A) (CURABLE) Notices Only:

You must remedy the breach described in Section 4 on or before [__/__/____] (the twenty-first day after receipt of this Notice, computed under Va. Code § 1-210). Acceptable remedy includes the following specific corrective action(s):

[________________________________________________________________
________________________________________________________________]

If the breach is not fully remedied by that date, the rental agreement shall terminate, and you must surrender possession of the premises on or before [__/__/____] (a date not less than thirty (30) days after receipt of this Notice).

For § 55.1-1245(C) nonremediable and § 55.1-1245(E) Notices:

The rental agreement is hereby terminated effective [__/__/____] (a date not less than thirty (30) days after receipt of this Notice). No cure is available.

For § 55.1-1245(C) immediate-termination Notices:

The rental agreement is TERMINATED IMMEDIATELY. You must surrender possession at once.

6. EFFECT OF FAILURE TO CURE

If you fail to remedy the breach (where curable) and/or fail to surrender possession by the applicable deadline, the Landlord intends to file an action for unlawful detainer in the General District Court for [CITY/COUNTY] pursuant to Va. Code § 8.01-126 (Form CC-1410, Summons for Unlawful Detainer) seeking:

(a) Possession of the premises;
(b) Past-due rent and damages for use and occupancy through the date of judgment;
(c) Damages for any harm caused by the noncompliance;
(d) Late fees, attorneys' fees (if recoverable under the lease or statute), and court costs;
(e) Any other relief authorized by law.

7. RESERVATION OF RIGHTS AND NO-WAIVER CLAUSE

The Landlord expressly reserves all rights and remedies under the rental agreement and Virginia law. The Landlord's acceptance of any rent during the pendency of this Notice or any subsequent unlawful detainer action shall be with full reservation of rights under Va. Code § 55.1-1250(B), and shall not waive the default, the termination, or the right to possession.

Nothing in this Notice constitutes a waiver of any past, present, or future breach. The Landlord retains the right to pursue separate causes of action for damages, including under § 55.1-1255 (tenant noncompliance affecting health and safety) and § 55.1-1227.

8. ANTI-RETALIATION, VAWA, SCRA, AND FAIR HOUSING NOTICES

Non-Retaliation (Va. Code § 55.1-1258): This Notice is issued solely on the basis of the Tenant's material noncompliance described above. The Landlord does not act in retaliation for any tenant's complaint to a building or housing-code authority, action against the Landlord, membership in a tenant organization, or testimony in a court proceeding.

VAWA (34 U.S.C. § 12491): In federally assisted housing, an incident of domestic violence, dating violence, sexual assault, or stalking is not, by itself, "good cause" for eviction. A tenant who is a victim may request VAWA protections in writing.

SCRA (50 U.S.C. § 3951): Active-duty servicemembers may have additional defenses, including a stay of eviction proceedings.

Fair Housing: The Landlord does not discriminate on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), familial status, disability, source of funds, military status, or any other class protected by the federal Fair Housing Act (42 U.S.C. § 3601 et seq.) or the Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.).

9. SIGNATURE AND VERIFICATION

Executed this [____] day of [MONTH], [YEAR].

_________________________________
[LANDLORD / MANAGING AGENT NAME]
[TITLE, IF AGENT]
[BUSINESS ADDRESS]
[TELEPHONE]
[EMAIL]

COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF [____________________], to wit:

The foregoing Notice was acknowledged before me this [____] day of [MONTH], [YEAR], by [NAME OF SIGNER].

_________________________________
Notary Public
My commission expires: [__/__/____]
Registration No.: [____________________]

10. CERTIFICATE OF SERVICE / AFFIDAVIT OF SERVICE

I, [NAME OF SERVER], certify under penalty of perjury that on [__/__/____] at approximately [____ ☐ A.M. ☐ P.M.], I served the foregoing Virginia 21/30-Day Notice to Cure or Quit upon the Tenant(s) named above by the following method (check all that apply):

☐ Personal service by hand-delivery to the Tenant at [ADDRESS].
☐ Substitute service upon a person of suitable age and discretion at the Tenant's usual place of abode (name: [____________________]; relationship: [____________________]).
☐ Posting in a conspicuous place at the leased premises after personal-service attempts on [__/__/____] and [__/__/____] failed.
☐ First-class U.S. Mail, postage prepaid, addressed to the Tenant at the rental unit and at any forwarding address known.
☐ Electronic mail to [EMAIL ADDRESS] under a written agreement authorizing electronic notice (§ 55.1-1202(B)).

_________________________________
[SIGNATURE OF SERVER]
[PRINTED NAME]
[TITLE / RELATIONSHIP TO LANDLORD]

11. VIRGINIA PRACTICE NOTES

1. Specificity is mandatory. The notice must "specify the acts and omissions constituting the breach" (§ 55.1-1245(A)). Generic descriptions ("breach of lease") are routinely rejected. Identify the lease section, statute, dates, and observable conduct.

2. 21/30 framework — both deadlines required. A § 55.1-1245(A) notice must give the tenant at least 21 days to cure AND must state termination occurs on a date no earlier than 30 days after receipt. A notice that gives only 21 or only 30 days is defective.

3. Nonremediable vs. immediate. Va. Code § 55.1-1245(C) generally requires at least 30 days for a nonremediable breach, but permits immediate termination when the nonremediable conduct is illegal drug activity or another criminal or willful act that also poses a threat to health and safety. Document the conduct precisely; the landlord must prove a qualifying immediate-termination violation by a preponderance of the evidence.

4. Subsequent like-nature breach (§ 55.1-1245(E)). If the tenant remedied a breach after a prior written notice requiring cure and then intentionally commits a subsequent breach of like nature, the landlord may terminate on at least 30 days' notice without a new cure period. The current statute states no fixed six-month window. Attach the prior notice and proof of service.

5. Retaliation defense. Va. Code § 55.1-1258 protects tenants from retaliatory eviction. Build a contemporaneous record of the legitimate non-retaliatory ground.

6. Habitability counterclaim. A tenant facing this Notice may assert the warranty of habitability (§ 55.1-1220), tenant assertion (§ 55.1-1244), or rent escrow (§ 55.1-1244) as defenses if the breach is the landlord's failure to repair.

7. Self-help bar (§ 55.1-1243.2). Statutory damages of $5,000 or four months' rent (whichever is greater) plus attorneys' fees are available for unlawful exclusion, lockout, utility shutoff, or removal of tenant property without a writ of eviction.

8. DHCD Statement. Attach the Statement of Tenant Rights and Responsibilities under § 55.1-1226.1.

9. Local protections. Richmond, Norfolk, Alexandria, Arlington County, Fairfax County, and Prince William County have additional tenant protections, source-of-income ordinances, and rental-assistance referrals. Verify locally before serving.

10. Forum after notice. Va. Code § 16.1-77(3) gives General District Court jurisdiction over unlawful-detainer actions and expressly makes subdivision (1)'s amount limits inapplicable to the specified UD rent-or-damages claims. Use the current official initiating form and local filing route. Do not select Circuit Court from a former $25,000 threshold; if that forum is considered, counsel must identify current claim- and relief-specific authority.

12. SOURCES AND REFERENCES

• Va. Code § 55.1-1245 — Noncompliance with rental agreement: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1245/
• Va. Code § 55.1-1227 — Tenant obligations: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1227/
• Va. Code § 55.1-1228 — Rules and regulations: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1228/
• Va. Code § 55.1-1258 — Retaliatory conduct prohibited: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1258/
• Va. Code § 55.1-1243.2 — Self-help eviction barred: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1243.2/
• Va. Code § 55.1-1250 — Acceptance of rent with reservation; redemption: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1250/
• Va. Code § 8.01-126 — Summons for unlawful detainer: https://law.lis.virginia.gov/vacode/title8.01/chapter3/section8.01-126/
• Va. Code § 1-210 — Computation of time: https://law.lis.virginia.gov/vacode/title1/chapter4/section1-210/
• Virginia DHCD, Statement of Tenant Rights and Responsibilities: https://www.dhcd.virginia.gov/landlord-tenant
• Virginia Judicial System Forms (CC-1410, CC-1411, CC-1415): https://www.vacourts.gov/forms/district/home.html