Eviction Process in Virginia: A 2026 Landlord's Guide
5-day notice for nonpayment. 21-day for first-time curable violations. 30-day for non-curable. Court hearing 21-30 days. VRLTA reformed in 2019-2020. First-time violations must be curable.
Required notice types in Virginia
| Type | Notice Period | Purpose |
|---|---|---|
| Nonpayment | 5 days | Tenant failed to pay rent. Tenant may cure by paying the full amount owed before the deadline in most states. |
| Lease violation (curable) | 21 days | Tenant is violating lease terms (unauthorized pets, unauthorized occupants, noise, etc.) and has the option to correct the violation. |
The eviction process, step by step
Step 1 — Serve a 5-day Pay or Quit. Virginia law requires you to give the tenant written notice and 5 days to either pay what's owed or vacate. Serve in the manner permitted by Va. Code § 55.1-1245.
Step 2 — File a Unlawful Detainer complaint. If the tenant doesn't pay or move out by the deadline, file in the appropriate court (typically justice, district, or small claims depending on county).
Step 3 — Court hearing. The court sets a hearing, typically within 4-9 weeks. Bring the lease, payment ledger, copy of the notice, and proof of service.
Step 4 — Judgment and writ of possession. If you win, the court issues a judgment. After the tenant's appeal window closes, the sheriff or constable executes the writ and restores possession.
How long does an eviction take in Virginia?
Uncontested cases in Virginia typically move through the courts in about 60 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy filings, and local court backlogs can extend this significantly. The minimum realistic timeline (everything uncontested, no appeals) is roughly 30 days.
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Start free — no credit cardKey statute for Virginia
The primary statutory authority for evictions in Virginia is Va. Code § 55.1-1245. Local ordinances, rent control laws, and court rules may add requirements. Always confirm the current text of the statute before serving notice — state legislatures frequently amend landlord-tenant law.
Abandoned property
If a tenant leaves personal property behind after vacating, Virginia allows landlords to handle abandoned property after 10 days of apparent abandonment. Procedures vary — many states require written notice and a public or private sale with proceeds held for a statutory period.
Frequently asked questions
How many days' notice do I need to give before evicting for nonpayment in Virginia?
Virginia law requires a 5-day notice for nonpayment of rent. The tenant typically has those 5 days to either pay the full amount owed or vacate before you can file in court. See Va. Code § 55.1-1245.
How long does an eviction take in Virginia?
An uncontested eviction in Virginia typically takes about 60 days from notice to sheriff's lockout. Contested cases, tenant bankruptcy, or court backlogs can add weeks or months.
Can I evict a tenant at the end of their lease in Virginia without cause?
Virginia generally allows landlords to end a tenancy at the close of a fixed-term lease or with proper notice to a month-to-month tenant, without needing to show fault. Local ordinances may add requirements — confirm with an attorney if you're in a large city.
Can I change the locks or shut off utilities to force a Virginia tenant out?
No. Self-help evictions — changing locks, removing belongings, shutting off utilities — are illegal in Virginia and every other US state. Only a court order and a sheriff or constable can legally remove a tenant. Self-help exposes you to damages and statutory penalties.
What happens if my Virginia tenant files for bankruptcy during eviction?
A bankruptcy filing triggers an automatic stay that halts the eviction, even if you have a judgment. You'll generally need to file a motion for relief from the automatic stay in bankruptcy court before resuming. Bankruptcies add weeks or months — factor this into your risk assessment.
Handling evictions in Virginia with LandlordPro
LandlordPro is built to keep you on the right side of Virginia's procedural rules. The notice wizard asks a few questions, produces a compliant notice with the correct number of days and required language, and logs proof of service. If the case proceeds to court, LandlordPro's eviction timeline tracks every deadline and its court package feature assembles a hearing-ready PDF with a plain-English AI summary of the case — a tool no other landlord software offers.