Free Virginia Eviction Notice Forms

When evicting a tenant, you must consider the reason for eviction to ensure you give them the proper amount of notice. Explore the different types of Virginia eviction notice forms to find the one that works for your situation.

5-Day Eviction Notice in Virginia (for Nonpayment of Rent)

Serve a 5-day notice to pay rent or quit in Virginia to tenants who haven’t paid their rent on time. Per VA Code § 55.1-1245(F), tenants have five days to pay their overdue rent or vacate the premises, ensuring you can recover unpaid rent in a timely manner or regain possession of their property.

5-Day Notice to Pay Rent or Quit

Give tenants five days to pay rent before the eviction process can proceed in court.

21-Day Eviction Notice in Virginia (for Curable Noncompliance)

If a tenant commits a curable violation, you can issue a 21-day notice to quit for non-compliance per VA Code § 55.1-1245(A) to allow them to fix it. Some examples of curable offenses include damaging property or hosting too many guests. A tenant can address these violations by making the repairs themselves or ensuring that they abide by the established guest limit for future gatherings. If the tenant does not comply within the 21-day period, the lease terminates in 30 days.

21-Day Notice to Quit for Non-Compliance

Give tenants 21 days’ notice before the eviction process begins if the lease violation is curable.

30-Day Eviction Notice in Virginia (for Incurable Noncompliance)

If the tenant commits a violation that you deem incurable, you can issue a 30-day notice to quit under VA Code § 55.1-1245(C). The tenant won’t have a chance to correct the violation, and they must move out within the 30-day period or face an eviction lawsuit. If the tenant commits a willful or criminal act that affects others’ health and safety, you can terminate the lease agreement immediately, bypass the 30-day notice period, and start eviction proceedings.

30-Day Notice to Quit for Non-Compliance

Give 30 days’ notice before the eviction process begins if the tenant's lease violation is incurable.

When evicting a tenant, you must follow the established legal procedures to ensure compliance with state law. Follow these steps to ensure you follow the process correctly.

Step 1 – Issue the Original Notice

In Virginia, you cannot file a lawsuit until you have issued a proper notice. VA Code § 55.1-1202 allows you to deliver the appropriate notice to the tenant via personal delivery, certified/registered mail, or by posting it on the door.

Choose from one of the following Virginia eviction notice templates, depending on your situation:

• 5-day notice to pay rent or quit in Virginia
• 21-day eviction notice in Virginia (for a curable breach)
• 30-day eviction notice in Virginia (for an incurable breach)

Step 2 – File an Unlawful Entry and Detainer Lawsuit

If the tenant does not comply with the notice or fails to respond, you can file a lawsuit. VA Code § 8.01-126 establishes the authority of the court to hear unlawful entry and detainer cases.

Initiate this lawsuit by filing the Summons (Form DC-421) with the General District Court in accordance with VA Code § 8.01-126. Your summons must state the grounds for the eviction.

You may not serve the summons yourself. You must enlist the help of your local sheriff or a private process server to deliver it in accordance with VA Code § 8.01-296. If they serve it by “posting” on the door, they must also mail a copy 10 days before the court date.

Step 3 – Attend the Hearing and Get a Judgment

Both parties must appear in court on the return date that the court provides. VA Code § 8.01-126 dictates that if the tenant admits to the allegations or fails to appear, the judge enters a judgment for possession.

Under VA Code § 55.1-1250, a tenant in a non-payment case has a “right to redeem” by paying all rent, late fees, and court costs at or before the first court date. If the tenant contests the eviction, VA Code § 8.01-126 requires the judge to set a trial date, usually within 30 days. Once the trial date arrives, both parties will present their evidence, and the judge will deliver a judgment.

Step 4 – Give the Tenant Time to Appeal

Even with a judgment delivered, you must respect the statutory 10-day waiting period. Under VA Code § 8.01-129, the tenant has 10 days from the date of judgment to appeal to the Circuit Court. You may not physically take possession of the property during this waiting period. The tenant may choose not to appeal, but it’s still important to give them the full waiting period to do so if they wish.

Step 5 – Obtain a Writ of Eviction

After the 10 days pass, you can request a Writ of Eviction in accordance with VA Code § 8.01-470. Per VA Code § 8.01-471, the General District Court clerk must issue the writ within 180 days of the judgment.

Step 6 – Let the Sheriff Execute the Writ

You may not execute the writ yourself. Your local sheriff must do it in accordance with VA Code § 8.01-470. The sheriff must provide the tenant with at least 72 hours’ notice of the scheduled time and date of eviction. Without a 72-hour eviction notice in Virginia, the sheriff cannot forcibly remove the tenant. If the tenant still doesn’t comply within the 72-hour notice period, the sheriff can remove the tenant using force.

The tenant may exercise their right of redemption up to two business days before the sheriff’s scheduled eviction (VA Code § 55.1-1250). This means they can pay overdue rent and remain on the property even after you have already won in court.

If the tenant leaves any personal property and it remains for 24 hours after the eviction, it’s considered abandoned property (VA Code § 55.1-1255). You may dispose of it.

View an example of our 30-day eviction notice template for Virginia to see how to phrase a notice for noncompliance without the option to cure. Use Legal Templates’s guided form to complete a notice for any reason, including nonpayment, a curable breach, or lease termination. Download the final copy in PDF or Word format and distribute it to your tenant to complete the first step of the eviction process in Virginia.