Virginia Eviction Notice Templates

A Virginia eviction notice is delivered when a tenant violates the rental agreement. It explains the issue and provides a deadline to cure or vacate. If the tenant does not comply, eviction may follow.

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Last updated January 26th, 2026

A Virginia eviction notice is delivered when a tenant violates the rental agreement. It explains the issue and provides a deadline to cure or vacate. If the tenant does not comply, eviction may follow.

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Pay or Quit – Notifies the tenant of unpaid rent.

Cure or Quit – Used for fixable lease violations.

Termination of Month-to-Month Tenancy (30-Day Notice) – Ends a monthly rental with notice.

Notice to Quit for Illegal Activity – Issued for unlawful conduct.

Eviction Laws

  • Rent Grace Period: 5 days, but only for oral leases.[1]
  • Non-Payment of Rent: 5 days.[2]
  • Non-Compliance: 30 days.[3]
  • Termination of Month-to-Month Lease: 30 days.[4]
  • Eviction Lawsuit Type: Unlawful entry and detainer.[5]

Notices must be written, properly delivered, and retained as proof before any court filing can occur.

 

Prohibited Landlord Actions in Virginia

  • Utility Shutoff – A landlord may not attempt to evict a tenant by intentionally interrupting gas, electricity, water, or any other essential service. Doing so outside the court process is unlawful.[6]
  • Changing the Locks – A landlord may not deny a tenant access to the rental unit unless authorized by a court order. Lockouts without judicial approval are prohibited.[6]

Virginia law requires landlords to obtain possession only through the court system.

 

How to Evict a Tenant in Virginia (Step-by-Step)

Step 1: Serve Written Notice

Before going to court, the landlord must give the tenant written notice and allow time to cure the issue or move out. Acceptable notices include:

  • 5-Day Notice to Quit (Non-Payment)
  • 30-Day Notice to Quit (Non-Compliance)
  • 30-Day Notice to Quit (Month-to-Month Tenancy)

Landlords should keep copies of the notice and proof of delivery.

Step 2: File an Unlawful Detainer Action

If the tenant does not comply, the landlord may file a Summon for Unlawful Detainer case with the General District Court – Civil Division where the property is located. Filing fees for claims under $50,000 commonly include:

  • Fairfax County: $126.[7]
  • Prince William County: $126.[8]
  • Virginia Beach: $126.[9]

The court will schedule a hearing, typically within 30 days.

Step 3: Attend the Court Hearing

Both parties may present evidence at the hearing. If the tenant fails to appear or the judge rules in favor of the landlord, the court will enter a judgment for possession.

Step 4: Enforce the Writ of Possession

If the tenant does not vacate voluntarily, the landlord may request a Writ of Possession. The sheriff will execute the writ and physically remove the tenant if necessary.

 

Court Forms & Resources

  • Summon for Unlawful Detainer (Form DC-421) – Filed by the landlord with the General District Court that has jurisdiction over the rental property. This form explains the reason for eviction and instructs the tenant on how to respond.
  • Request for Writ of Possession (Form DC-469) – Filed after a landlord wins the eviction case. Once issued, the sheriff serves the writ, giving the tenant at least 72 hours’ notice before removal.

Sources

  1. § 55.1-1204(C)(4)
  2. § 55.1-1245(F)
  3. § 55.1-1245(A)
  4. § 55.1-1253(A)
  5. § 8.01-124 – 8.01-130
  6. § 55.1-1252
  7. Fairfax Circuit Court Civil Filing Instructions & Fee Schedule
  8. Prince William Circuit Court Civil Fee Schedule 
  9. Virginia Beach Circuit Court Civil Fee Schedule