Free Virginia Eviction Notice Template

A Virginia eviction notice is a written document landlords must give tenants before filing for eviction. It explains the reason for eviction, gives tenants time to fix the problem or move out, and follows the timelines in Title 8.01, Chapter 3, Article 13 of the Code of Virginia.

Virginia law sets different timelines depending on the reason for eviction:

• 5-Day Notice to Pay Rent or Quit (VA Code § 55.1-1245(F)): Used when tenants fail to pay rent. They have five days to pay in full or leave before the landlord can file for eviction.
• 21-Day Notice to Quit for Non-Compliance (VA Code § 55.1-1245(A)):. For material non-compliance or a violation that materially affects health and safety. Tenants have 21 days to fix the issue or move out.
• 30-Day Notice to Quit for Non-Compliance (VA Code § 55.1-1245(C)): For incurable violations. Tenants must move out within 30 days with no option to fix the problem.
• Immediate Termination (VA Code § 55.1-1245(C)): For criminal acts such as illegal drug activity or willful acts that are not remediable and pose a threat to health and safety. Landlord may terminate immediately and take possession of the premises.
• 30-Day Lease Termination Notice (VA Code § 55.1-1253(A)): Ends a month-to-month tenancy without cause. Landlords must give at least 30 days’ notice, unless the rental agreement provides for a different notice period. 

To prepare a valid eviction notice in Virginia:

• Select the correct notice type for your situation
• Add landlord and tenant names plus the rental property address
• State the reason for eviction if required by law
• List the legal notice period for payment, compliance, or move-out
• Sign and date the notice before serving it

Under Virginia law, landlords may deliver eviction notices by:

• Hand-delivering the notice to the tenant
• Mailing it via certified or registered mail
• Posting the notice at the rental unit if the tenant cannot be found

Always keep proof of service for court in case the eviction proceeds further.

If the tenant doesn’t comply within the required timeframe:

1. File an Unlawful Detainer action with the General District Court.
2. The court will issue a Summons notifying the tenant of the hearing date.
3. If the landlord wins, request a Writ of Eviction so the sheriff can remove the tenant if necessary.

• Summons for Unlawful Detainer (Form DC-421): Starts the eviction lawsuit in court.
• Request for Writ of Eviction (Form DC-469): Authorizes the sheriff to remove the tenant after a court judgment.