Virginia residential evictions run under the Virginia Residential Landlord and Tenant Act. As of July 1, 2026, the notice a landlord must give before filing for nonpayment grew from five days to 14 days — an important change, because a case filed on the old timeline can be dismissed. Lease violations follow a separate 21-day-cure / 30-day-termination track.
Start a VA Notice — $49.99 See all 50 statesThe table paraphrases commonly cited residential notice periods under the Virginia Residential Landlord and Tenant Act. It is background information, not a determination that any of these applies to your tenancy — confirm against the current statute.
| Reason | Notice commonly cited (residential) | Cure allowed? |
|---|---|---|
| Nonpayment of rent | 14-day pay-or-quit (effective 7/1/2026; was 5 days) | Yes — pay within 14 days |
| Curable lease / rule violation | Notice specifying breach; lease ends no sooner than 30 days if not cured within 21 days | Yes — 21-day cure |
| Non-remediable breach | Termination no sooner than 30 days after receipt | No |
| Month-to-month termination | Commonly 30 days | N/A |
The primary authority commonly cited for residential notices is Va. Code § 55.1-1245 (and related sections of the VRLTA). Published guides frequently highlight:
The descriptions above paraphrase publicly available statute and guide summaries. The actual language and effect of each statute is governed by the official text and any subsequent amendments or judicial interpretations. Read the current statute directly before relying on any point above.
For residential tenancies, 14 days as of July 1, 2026 (it was five days before). The five-day figure now applies only to nonresidential leases under § 55.1-1415. Confirm the current period against the statute or with an attorney.
Virginia commonly uses a "21/30" notice for curable violations: the tenant has 21 days to fix the breach, and the lease terminates no sooner than 30 days after receipt if it is not fixed. Non-remediable breaches get a 30-day termination. This is background information, not advice on your case.
Virginia landlords commonly serve in person or by mail and keep documentation of delivery. A USPS Certified Mail record — which EvictServe emails you — is one common way to document that a notice was sent, on a specific date, to a specific address.
Not for a residential tenancy as of July 1, 2026. Using the repealed five-day residential timeline is the most likely current filing error. When in doubt, verify with the Virginia statute or an attorney before filing.
In most jurisdictions, once the applicable notice period has elapsed, the landlord may file for possession in the appropriate General District Court. A USPS Certified Mail receipt — which you receive by email from us — is a form of delivery documentation commonly referenced in landlord-tenant filings. Whether any specific court or judge will accept it is a matter for the landlord and the landlord's attorney to evaluate.
EvictServe is not a law firm, does not practice law, and does not give legal advice. We provide a self-service document-and-mail tool. For contested cases, unusual facts, or any situation where you are unsure which type of notice applies, retain a Virginia-licensed landlord-tenant attorney before acting.
Pick your notice type, enter the tenant and property details, and we print and mail it today by USPS Certified Mail with tracking.
Email support@evictserve.com — typically same-day response during business hours (CT).