General information, not legal advice. Landlord-tenant rules change, and cities and counties can add their own. Check the current statute and local ordinances, and talk to a licensed attorney before you act.
Last reviewed
The short version
- For unpaid rent, the landlord serves written notice giving the tenant 14 days to pay before the lease can be terminated.
- For a breach that can be fixed, the notice says the lease ends at least 30 days after receipt unless the tenant fixes it within 21 days; a breach that cannot be fixed needs at least 30 days of notice, and a criminal or willful act threatening health or safety allows immediate termination.
- A month to month tenancy can be ended by either side with written notice at least 30 days before the next rent due date, unless the lease sets a different period; no reason is required.
- Unlawful detainer cases are filed in the general district court for the city or county where the property is located.
- The summons sets an initial hearing date, generally within about three weeks of filing, where the tenant can contest the case.
Most Virginia evictions are unlawful detainer cases in general district court under the Virginia Residential Landlord and Tenant Act. A nonpayment case starts with a 14 day written notice to pay, and other breaches use a 30 day notice that often includes a 21 day chance to fix the problem.
Virginia eviction process at a glance
| Rule | Virginia | Law |
|---|---|---|
| Notice for unpaid rent | For unpaid rent, the landlord serves written notice giving the tenant 14 days to pay before the lease can be terminated. | Va. Code 55.1-1245(F) |
| Notice for a lease violation | For a breach that can be fixed, the notice says the lease ends at least 30 days after receipt unless the tenant fixes it within 21 days; a breach that cannot be fixed needs at least 30 days of notice, and a criminal or willful act threatening health or safety allows immediate termination. | Va. Code 55.1-1245(A) to (C) |
| Ending a tenancy without cause | A month to month tenancy can be ended by either side with written notice at least 30 days before the next rent due date, unless the lease sets a different period; no reason is required. | Va. Code 55.1-1253 |
| Where the case is filed | Unlawful detainer cases are filed in the general district court for the city or county where the property is located. | Code of Virginia, Title 8.01 (unlawful detainer) |
| Tenant response time | The summons sets an initial hearing date, generally within about three weeks of filing, where the tenant can contest the case. | Code of Virginia, Title 8.01 (unlawful detainer) |
| Removal after judgment | Generally, after judgment the landlord asks for a writ of eviction, and the sheriff gives the tenant notice before carrying it out. | Code of Virginia, Title 8.01 |
| Typical overall timeline | A nonpayment case often takes about four to eight weeks from notice to removal. | Court practice (estimate) |
Notices before an eviction in Virginia
The notice is the foundation of the whole case. It has to fit the reason for ending the tenancy, give the full period the law requires and be delivered in a way the court will accept.
Notice for unpaid rent. For unpaid rent, the landlord serves written notice giving the tenant 14 days to pay before the lease can be terminated. (Va. Code 55.1-1245(F))
Notice for a lease violation. For a breach that can be fixed, the notice says the lease ends at least 30 days after receipt unless the tenant fixes it within 21 days; a breach that cannot be fixed needs at least 30 days of notice, and a criminal or willful act threatening health or safety allows immediate termination. (Va. Code 55.1-1245(A) to (C))
Ending a tenancy without cause. A month to month tenancy can be ended by either side with written notice at least 30 days before the next rent due date, unless the lease sets a different period; no reason is required. (Va. Code 55.1-1253)
Filing the case
If the notice period runs out and the tenant has neither fixed the problem nor moved out, the next step is a court filing. Bring the lease, the notice, proof of how it was delivered and a ledger of what is owed.
Where the case is filed. Unlawful detainer cases are filed in the general district court for the city or county where the property is located. (Code of Virginia, Title 8.01 (unlawful detainer))
Filing costs. Filing and service fees vary and change from time to time; check the general district court fee schedule. (Court fee schedules)
The response and the hearing
Courts look closely at the paperwork. Expect to show the notice, the proof of service and the rent ledger, and to answer any defense the tenant raises.
Tenant response time. The summons sets an initial hearing date, generally within about three weeks of filing, where the tenant can contest the case. (Code of Virginia, Title 8.01 (unlawful detainer))
Judgment and getting possession back
Removal after judgment. Generally, after judgment the landlord asks for a writ of eviction, and the sheriff gives the tenant notice before carrying it out. (Code of Virginia, Title 8.01)
What a landlord must not do
Until a court orders otherwise, the tenant keeps the right to live in the home, even after the notice runs out.
Self-help eviction. A landlord may not lock a tenant out, remove belongings or interrupt essential services to force a move out; possession must come through the court process. (Virginia Residential Landlord and Tenant Act)
Timeline at a glance
| Step | Typical time | Rule |
|---|---|---|
| Notice period for unpaid rent | 14 days | Va. Code 55.1-1245(F) |
| Notice period for a lease violation | 30 days | Va. Code 55.1-1245(A) to (C) |
| Tenant response after the case is served | Set by the court | Code of Virginia, Title 8.01 (unlawful detainer) |
| From judgment to removal | Short waiting period | Code of Virginia, Title 8.01 |
| Whole case, uncontested | A few weeks | Court practice (estimate) |
Real cases often take longer: holidays, a contested hearing or an appeal can add weeks.
Mistakes to avoid
- Demanding more than the rent actually owed in a notice for unpaid rent, for example by adding late fees or utilities.
- Counting the notice period wrong and filing a day too early.
- Taking partial rent after serving a notice without knowing how it affects the case.
- Keeping no proof of service. Write down who delivered the notice, how and when, and keep a copy.
- Trying to speed things up with a lockout, a utility shutoff or by moving belongings out.
Keep the Virginia eviction process summary on file
Free, no sign up. The file downloads straight away.
General information, not legal advice.
Verify current law
We last checked these Virginia rules on . Laws change and cities can add their own, so confirm the current text before you rely on it, and talk to a Virginia attorney about your situation.
Laws named on this page
- Va. Code 55.1-1245(F)
- Va. Code 55.1-1245(A) to (C)
- Va. Code 55.1-1253
- Code of Virginia, Title 8.01 (unlawful detainer)
- Code of Virginia, Title 8.01
- Virginia Residential Landlord and Tenant Act
Official sources
Virginia forms for this topic
Letters and checklists for this topic
Asked by landlords in this state.
How much notice does a Virginia landlord give for unpaid rent?
For unpaid rent, the landlord serves written notice giving the tenant 14 days to pay before the lease can be terminated. Source: Va. Code 55.1-1245(F).
How long does a tenant in Virginia have to respond to an eviction case?
The summons sets an initial hearing date, generally within about three weeks of filing, where the tenant can contest the case. Source: Code of Virginia, Title 8.01 (unlawful detainer).
Can a Virginia landlord change the locks instead of going to court?
A landlord may not lock a tenant out, remove belongings or interrupt essential services to force a move out; possession must come through the court process. Source: Virginia Residential Landlord and Tenant Act.
How long does an eviction take in Virginia?
A nonpayment case often takes about four to eight weeks from notice to removal. Source: Court practice (estimate).
Which court hears eviction cases in Virginia?
Unlawful detainer cases are filed in the general district court for the city or county where the property is located. Source: Code of Virginia, Title 8.01 (unlawful detainer).