Virginia 5-Day Notice to Pay Rent or Quit

VIRGINIA 5-DAY NOTICE TO PAY RENT OR QUIT

TABLE OF CONTENTS

1. Notice Header and Recipients
2. Property and Tenancy Identification
3. Statement of Default — Unpaid Rent
4. Itemization of Amounts Due
5. Demand for Payment or Possession
6. Acceptable Methods of Payment
7. Tenant Right of Redemption Disclosure
8. Reservation of Rights
9. VAWA, SCRA, and Fair Housing Notices
10. Signature and Verification
11. Certificate of Service / Affidavit of Service
12. Virginia Practice Notes
13. 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 FULL LEGAL NAME / MANAGING AGENT NAME]
[LANDLORD MAILING ADDRESS]
[CITY], Virginia [ZIP CODE]
Telephone: [____________________]
Email: [____________________]

DATE OF NOTICE: [__/__/____]

2. PROPERTY AND TENANCY IDENTIFICATION

3. STATEMENT OF DEFAULT — UNPAID RENT

YOU ARE HEREBY NOTIFIED that you are in default under the rental agreement for the above-described premises because you have failed to pay rent that is now due and owing. Pursuant to Va. Code § 55.1-1245(F), you have FIVE (5) DAYS from the date this Notice is served upon you to either:

(a) Pay in full all rent and other amounts itemized below; OR

(b) Vacate and surrender possession of the premises to the Landlord.

If you fail to do either within the five-day period, the Landlord intends to terminate the rental agreement and commence an action for unlawful detainer in the General District Court for [CITY/COUNTY] pursuant to Va. Code § 8.01-126 to recover possession of the premises, all unpaid rent, late fees, attorneys' fees (if recoverable under the lease), and court costs.

4. ITEMIZATION OF AMOUNTS DUE

5. DEMAND FOR PAYMENT OR POSSESSION

You must pay the full amount stated above OR vacate the premises on or before:

[__/__/____] at 11:59 P.M. (the fifth day after service of this Notice, computed under Va. Code § 1-210; if that day is a Saturday, Sunday, or legal holiday, the deadline extends to the next non-holiday weekday).

Partial payment will NOT cure the default unless the Landlord expressly agrees in writing to accept partial payment as a full cure.

6. ACCEPTABLE METHODS OF PAYMENT

Per Va. Code § 55.1-1245(F), after a previously dishonored check or rejected electronic payment, the Landlord may require payment by cash, cashier's check, certified check, or completed electronic funds transfer. Personal checks may not satisfy this Notice if the prior payment was returned for insufficient funds or stop-payment order.

7. TENANT RIGHT OF REDEMPTION DISCLOSURE

NOTICE OF RIGHT OF REDEMPTION (Required by Va. Code § 55.1-1250):

"Any partial payment of rent made before or after a judgment of possession is ordered will not prevent your landlord from taking action to evict you. However, you may have the right to pay all rent due, plus late charges, attorney fees, and court costs, in full at or before the first return date on an unlawful detainer action filed by your landlord, and thereby cause the unlawful detainer to be dismissed. You may also have the right to pay these amounts no later than forty-eight (48) hours before the scheduled date and time for execution of a writ of eviction. These rights of redemption may be limited if your landlord owns four or fewer rental dwelling units and has given you prior written notice limiting redemption to once per lease period."

Upon written request, the Landlord (or Landlord's attorney or managing agent) shall provide the Tenant a written statement of all amounts owed so the Tenant may exercise the right of redemption.

☐ This Landlord owns four (4) or fewer rental dwelling units AND has given prior written notice limiting redemption to once per lease period under § 55.1-1250(A). (If checked, attach the prior written notice.)

☐ This Landlord owns more than four rental dwelling units; redemption frequency is not limited.

8. RESERVATION OF RIGHTS

The Landlord expressly reserves all rights and remedies under the rental agreement and Virginia law, including but not limited to:

• Acceptance of any rent during the pendency of an unlawful detainer action with full reservation of rights under Va. Code § 55.1-1250(B), without waiving the default or the right to possession;
• Recovery of all rent accruing through the date of judgment and damages for use and occupancy thereafter;
• Recovery of attorneys' fees and court costs to the extent permitted by the rental agreement and § 55.1-1245;
• Pursuit of damages from any guarantor or co-signer.

Nothing in this Notice constitutes a waiver of any past, present, or future breach of the rental agreement.

9. VAWA, SCRA, AND FAIR HOUSING NOTICES

Servicemembers Civil Relief Act (50 U.S.C. § 3951): If any tenant is on active military duty, the Landlord may not evict from a residential premises with monthly rent at or below the SCRA cap (adjusted annually) without a court order, and the court may stay proceedings up to 90 days. Active-duty tenants should notify the Landlord and may have additional defenses.

Violence Against Women Act (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. Affected tenants may request VAWA protections in writing.

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 protected class under 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.).

Local protections (verify locality): Richmond, Norfolk, Alexandria, Arlington, and Fairfax County maintain additional source-of-income and tenant-protection ordinances and rental assistance programs; tenants should contact local legal aid.

10. 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.: [____________________]

11. CERTIFICATE OF SERVICE / AFFIDAVIT OF SERVICE

I, [NAME OF SERVER], hereby certify under penalty of perjury that on [__/__/____] at approximately [____ ☐ A.M. ☐ P.M.], I served the foregoing Virginia 5-Day Notice to Pay Rent or Quit upon the Tenant(s) named above by the following method (check all that apply):

☐ Personal service upon the Tenant by hand-delivery at [ADDRESS].

☐ Substitute service upon a person of suitable age and discretion residing at the Tenant's usual place of abode (name: [____________________]; relationship: [____________________]).

☐ Posting in a conspicuous place at the leased premises (front door / main entrance), 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 to the Landlord.

☐ Electronic mail to [EMAIL ADDRESS], pursuant to a written agreement between the parties under § 55.1-1202(B) authorizing electronic notice.

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

12. VIRGINIA PRACTICE NOTES

1. VRLTA recodification (2019). Effective October 1, 2019, the Virginia Residential Landlord and Tenant Act was relocated from Title 55 (former §§ 55-248.2 et seq.) to Title 55.1 (§§ 55.1-1200 et seq.). Notices citing the old chapters are technically defective; use only current Title 55.1 citations.

2. Day-counting. Va. Code § 1-210 governs the computation of statutory time periods. The day of service is excluded; the last day is included unless it is a Saturday, Sunday, or legal holiday, in which case the period extends to the next non-holiday weekday. Conservative practice treats § 55.1-1245(F)'s "five days" as five calendar days subject to the weekend/holiday extension. Some local courts and practitioners refer to this as a "five business day" rule; the safer reading is five calendar days with the § 1-210 extension.

3. Single-family rental exemption — repealed. Pre-2019, a narrow exemption removed certain owner-occupied or owner-operated single-family rentals from VRLTA. That exemption was repealed; today, virtually all residential single-family rentals are covered (§ 55.1-1201). Confirm before treating a tenancy as non-VRLTA.

4. Self-help barred. Va. Code § 55.1-1243.2 prohibits lockouts, utility shutoffs, and removal of tenant property without a writ of eviction. Violations expose the landlord to actual damages, statutory damages, and attorneys' fees.

5. DHCD Statement. § 55.1-1226.1 requires landlords to provide the Department of Housing and Community Development Statement of Tenant Rights and Responsibilities. Best practice is to attach it to this Notice.

6. Bad-faith partial payment. A landlord who accepts partial rent without a written reservation of rights waives the default for purposes of the unlawful detainer action; § 55.1-1250(B) allows a landlord who accepts rent "with reservation" to preserve possession claims if a contemporaneous written notice is given.

7. Local jurisdictions to watch. Richmond, Norfolk, Alexandria, Arlington County, Fairfax County, and Prince William County maintain rental-assistance and tenant-protection programs; some require pre-filing notice of rental-assistance availability under § 55.1-1245.

8. Filing forum. After this Notice expires, file the unlawful detainer in the General District Court for the locality where the premises are located using Form CC-1410 (Summons for Unlawful Detainer). Circuit Court jurisdiction is concurrent only when the amount sought exceeds $25,000 (Va. Code § 16.1-77).

13. SOURCES AND REFERENCES

• Va. Code § 55.1-1200 et seq. — Virginia Residential Landlord and Tenant Act: https://law.lis.virginia.gov/vacodefull/title55.1/chapter12/
• Va. Code § 55.1-1245 — Noncompliance with rental agreement; nonpayment notice: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1245/
• Va. Code § 55.1-1250 — Acceptance of rent with reservation; tenant's right of redemption: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1250/
• Va. Code § 55.1-1201 — Applicability of VRLTA: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1201/
• Va. Code § 55.1-1226.1 — Statement of Tenant Rights and Responsibilities: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1226.1/
• Va. Code § 55.1-1243.2 — Tenant remedies for landlord's unlawful exclusion: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1243.2/
• 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 (current edition): https://www.dhcd.virginia.gov/landlord-tenant
• Virginia Judicial System, General District Court Forms (CC-1410, CC-1415): https://www.vacourts.gov/forms/district/home.html
• Virginia Poverty Law Center, Eviction Resource Hub: https://vplc.org/our-work/housing/
• 2024 Va. Acts (HB 598) — amendments to §§ 8.01-126 and 55.1-1245