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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LandlordPro drafts a Virginia notice in about 2 minutes using the notice period and service language on file for Virginia, with a digital audit trail. Check the current statute or a local attorney before you serve it.
Start free — no credit cardKey statute for Virginia
Notice for unpaid rent
Authority: Va. Code § 55.1-1245(F)
the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment
What this means: Virginia requires a 14-day notice before you can file for eviction over unpaid rent.
Read from the statute text (verified 2026-09-22)
Notice for other lease violations
Authority: Va. Code § 55.1-1245(A)
the rental 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
What this means: Virginia requires a 21-day notice before you can file for eviction over a lease violation other than unpaid rent.
Read from the statute text (verified 2026-09-22)
Ending a month-to-month tenancy
Authority: Va. Code § 55.1-1253(A)
The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period.
What this means: Virginia requires 30 days' notice to end a month-to-month tenancy.
Read from the statute text (verified 2026-09-22)
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, drafts a notice using the number of days and language on file for this state; verify it against the current statute before serving, and logs proof of service. If the case proceeds to court, LandlordPro's eviction timeline tracks every deadline and its tenant records bundle feature assembles an attorney-review-ready PDF with a plain-English AI records summary of the case — a tool no other landlord software offers.
Create your first Virginia notice →
Raising the rent: Virginia requires 30 days' notice before a rent increase. Virginia rent increase laws →
Late rent: Virginia caps late fees at 10%. Virginia late fee laws →
Related: Virginia security deposit law — limits & return deadlines · What an eviction costs in every state
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