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Virginia Eviction Notice

A Virginia eviction notice is a formal document used by landlords to inform tenants of their failure to comply with the terms of their lease agreement, such as nonpayment of rent or lease violations. This notice serves as a legal demand for the tenant to either remedy the situation or vacate the premises within a specified timeframe. If the tenant fails to comply, the landlord may initiate eviction proceedings in court.

Virginia Eviction Notice

Virginia Eviction Notice

Types of Virginia Eviction Notice Forms

  1. 5-Day Notice to Quit

    • Grounds: Nonpayment of rent.
    • Curable?: No, the tenant must pay all past due rent or vacate within five (5) calendar days.
    • Legal Reference: Virginia Residential Landlord and Tenant Act § 55.1-1245(F).

  2. 30-Day Notice to Comply or Vacate

    • Grounds: Curable lease violations (e.g., health and safety issues, interference with neighbors).
    • Curable?: Yes, the tenant has 30 days to correct the violation or vacate.
    • Legal Reference: Virginia Residential Landlord and Tenant Act § 55.1-1245(A).

  3. 30-Day Notice of Termination

    • Grounds: Repeated lease violations or willful criminal acts.
    • Curable?: No, the tenant must vacate within 30 days.
    • Legal Reference: Virginia Residential Landlord and Tenant Act § 55.1-1245(A).

  4. 30-Day Notice to Vacate

    • Grounds: Termination of a rental agreement (month-to-month or expired lease).
    • Curable?: No, the tenant must vacate within 30 days.
    • Legal Reference: Virginia Residential Landlord and Tenant Act § 55.1-1253(A).

How to Write an Eviction Notice in Virginia

To ensure legal compliance, an eviction notice must include the following elements:

  1. Tenant’s full name and address.
  2. Specific lease violation and any balance due.
  3. Date of termination.
  4. Landlord’s printed name, signature, and address of record.
  5. Date and method of notice delivery, along with printed name and signature.

How to Calculate Expiration Date in Virginia

The notice period begins the day after delivery. For example, to give 30 days of notice and begin court action by June 30, the notice must be delivered no later than May 31. If the last day falls on a weekend or holiday, the notice period extends to the next judicial day.

How to Serve an Eviction Notice in Virginia

Virginia law requires written notice, which can be delivered in several ways:

  1. Hand delivery to the tenant.
  2. Hand delivery to a family member (16 years or older) residing at the property if personal service is not possible.
  3. Posting the notice at the property entrance and mailing it via first-class mail with a certificate of mailing.

Mailed notice extends the notice period by three (3) calendar days.

Eviction Laws & Requirements

  • Eviction Lawsuit: Governed by Unlawful entry and detainer (§ 8.01-124 – 8.01-130).
  • Grace Period for Rent Payment: 5 days unless stated otherwise in the lease (§ 55.1-1204(C)(4)).
  • Late or Non-Rent Payment Notice: 5 days (§ 55.1-1245(F)).
  • Notice of Non-Compliance: 21 or 30 days (§ 55.1-1245(A)).
  • Lease Termination (Month-to-Month): 30 days (§ 55.1-1253(A)).

Steps to Evict a Tenant in Virginia

  1. Deliver the Eviction Notice: Provide the appropriate notice based on the reason for eviction.
  2. Wait for Tenant to Act: The tenant must either remedy the situation or vacate.
  3. File Initial Court Documents: If the tenant does not comply, file an unlawful detainer action in the General District Court.
  4. Serve the Summons: A sheriff must deliver the summons at least ten days before the hearing.
  5. Attend the Hearing: Both parties present evidence.
  6. Obtain a Writ of Eviction: If the court rules in favor of the landlord, file for a Writ of Eviction.
  7. Evict the Tenant: The sheriff executes the Writ of Eviction to remove the tenant.

Important Considerations

Landlords must never forcibly evict a tenant without following the legal process. Proper documentation and adherence to notice periods are critical to avoid delays or dismissal of eviction actions. Legal advice is recommended to navigate the eviction process effectively.

Statutes

FAQs

In Virginia, there are several types of eviction notices, including the 5-Day Notice to Quit for non-payment of rent, the 30-Day Notice to Comply or Vacate for lease violations, the 30-Day Notice of Termination for repeated violations or criminal acts, and the 30-Day Notice to Vacate for terminating month-to-month or expired leases.

A tenant has five calendar days to either pay the past due rent or vacate the premises after receiving a 5-Day Notice to Quit for non-payment of rent in Virginia.

To evict a tenant in Virginia, a landlord must first provide the appropriate eviction notice, wait for the tenant to respond, and if necessary, file an Unlawful Detainer action in the General District Court. If the tenant does not comply, the landlord can obtain a Writ of Possession to have the sheriff remove the tenant.

Yes, a landlord can evict a tenant for lease violations in Virginia by issuing a 30-Day Notice to Comply or Vacate, which allows the tenant 30 days to correct the violation or vacate the property. If the violation is serious and cannot be cured, the landlord may issue a 30-Day Notice of Termination without giving the tenant a chance to fix the issue.

In Virginia, an eviction notice can be served by hand delivery to the tenant, delivery to a family member residing at the property, or by posting the notice at the front door and mailing it via first-class mail. It’s important to document the delivery method and keep a copy of the notice.

If a tenant does not comply with an eviction notice in Virginia, the landlord can file an Unlawful Detainer action in court. If the court rules in favor of the landlord, they can obtain a Writ of Possession to have the sheriff forcibly remove the tenant from the property.

In Virginia, there is no grace period for rent payment; landlords can issue a 5-Day Notice to Quit for non-payment of rent the day after rent is due.

A Virginia eviction notice should include the tenant’s full name and address, the specific lease violation or balance due, the date of termination, the landlord’s printed name and signature, and the date and method of delivery.