How much notice does a landlord have to give before filing an eviction for unpaid rent in Virginia?

14 days. The written notice must state the nonpayment and the landlord's intent to terminate if rent is not paid within the 14 days (§ 55.1-1245(F)). Days are calendar days under § 1-210, which excludes the trigger day and rolls a last day falling on a weekend or legal holiday to the next business day. A payment-plan duty for larger landlords arrives July 1, 2027 (below).

How much notice is required to evict for a lease violation in Virginia?

30 days. The 30 days is the termination period, and the tenant has 21 days inside it to cure — Virginia's '21/30 notice.' The written notice must specify the acts and omissions constituting the breach and state that the rental agreement terminates on a date not less than 30 days after receipt if the breach is not remedied (§ 55.1-1245(A)).

How long does an eviction take in Virginia?

About five to six weeks at the statutory minimum for an uncontested nonpayment case, roughly 35-40 days from notice to lockout. Contested cases, appeals, redemption events, and sheriff scheduling all extend it, and the figure is a floor built from statutory minimums rather than a promise.

Can a landlord change the locks or shut off utilities instead of going to court in Virginia?

No — Virginia bars self-help eviction by statute; a landlord must go through the court process. A tenant who is locked out, cut off from an essential service, or left in unsafe premises can petition the general district court and be heard within five calendar days (§ 55.1-1243.1). A proven violation costs the landlord actual damages, statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees.

What is the eviction process and timeline in Virginia?

Verified August 12, 2026 All Virginia topics →

Legislative changes ahead — not yet in force. The rules on this page reflect the law in force today. The following measures would change it:

HB 678 (2026), c. 1066 — Already CHAPTERED but not yet effective: on July 1, 2027, § 55.1-1204(K)'s rent-increase notice for landlords with more than four units extends from 60 to 90 days before the end of the rental agreement term, and the notice must give the tenant a renewal-decision deadline no sooner than 30 days after delivery. The current 60-day rule (the figure shown on this page) governs until then.Status: Enacted 2026; effective 2027-07-01 per the official code site's version label (one Realtor-association summary says January 1, 2027 — the official 'Effective July 1, 2027' code version controls). Not incorporated until effective. (checked 2026-07-09).
HB 278 / SB 355 (2026) — local rent regulation ('anti-rent gouging') enabling act — Would let localities adopt rent-increase regulation. Failed in 2026: Senate committee voted 11-4 to continue the bill to the 2027 session, and the Virginia Housing Commission opened a study of local rent regulation in June 2026 — expect a 2027 return. Predecessor HB 2175 (2025, 3% local cap enabling) also died.Status: Continued to the 2027 session; not enacted. § 55.1-1201's supersession clause and the Dillon Rule continue to bar local rent control. (checked 2026-07-09).
HB 329 (2026), c. 1111 — Effective January 1, 2027, § 55.1-1258's retaliation rules expand: the lists of prohibited retaliatory acts and protected tenant conduct both grow, a tenant may recover actual damages and assert retaliation as a defense in any action brought for possession, and failing to renew the tenancy of a Housing Choice Voucher holder without good cause becomes a protected ground. The parallel § 55.1-1314 (Manufactured Home Lot Rental Act) changes with it.Status: Enacted 2026 (c. 1111); effective 2027-01-01 per the chapter. Not incorporated until effective. (checked 2026-08-12).
HB 95 (2026) — Effective July 1, 2027, landlords with 4+ units must offer payment plans for unpaid rent, with no additional late fees accruing while the tenant complies — a conditional overlay on the § 55.1-1204(E) late-fee rules.Status: Enacted 2026 (c. 1105); effective 2027-07-01 per the chapter's own enactment clause. Not incorporated until effective. (checked 2026-08-12).

Virginia evictions start with a 14-day pay-or-quit notice for nonpayment — lengthened from 5 days effective July 1, 2026, a change many guides haven't caught up with (a payment-plan duty for landlords with more than four units follows on July 1, 2027).

Cited to Va. Code § 55.1-1245 (A), (C), (E), (F), (G) and 9 more Virginia statutes · Verified August 12, 2026

Lease violations get the '21/30' notice: 21 days to cure, termination 30 days after receipt if the breach isn't fixed, while a non-remediable criminal or willful act threatening health or safety permits immediate termination and an expedited hearing within 15 calendar days. The case itself — an unlawful detainer in general district court — gets an initial hearing within 21 days of filing (30 at the outside), and the judge cannot award possession unless the landlord's termination notice is actually entered into evidence. After judgment the writ of eviction can issue at once, but the sheriff may not carry out the eviction until the 10-day appeal window has passed and must give the tenant 72 hours' notice of the exact date and time; a writ not executed within 30 days of issuance dies automatically. Virginia's standout feature is redemption: the tenant can stop a nonpayment eviction by paying everything owed — rent, late charges, attorney fees, court costs — at the first court date or even up to 48 hours before the scheduled lockout, an unlimited right unless a small landlord (four or fewer units) reserved a once-per-lease-period cap in writing. Three more changes landed July 1, 2026: courts running the Eviction Diversion Program must attach program information to every unlawful-detainer summons and may no longer turn tenants away for repeated late payment or recent redemption; a tenant raising the habitability defense no longer has to pay the disputed rent into court first; and a tenant who contests the amount owed at the first hearing keeps the money question in the main case, because the court may no longer bifurcate it. All told, an uncontested nonpayment eviction runs about five to six weeks from notice to lockout at absolute best. Self-help is a losing proposition: a landlord who locks a tenant out, cuts an essential service, or renders the unit unsafe faces a court order restoring the tenant within days plus actual damages, statutory damages of $5,000 or four months' rent (whichever is greater), and attorney fees.

Virginia eviction process at a glance

Nonpayment notice (pay-or-quit)	14 days
Nonpayment notice rules (day counting, cure rights, service)	The written notice must state the nonpayment and the landlord's intent to terminate if rent is not paid within the 14 days (§ 55.1-1245(F)). Days are calendar days under § 1-210, which excludes the trigger day and rolls a last day falling on a weekend or legal holiday to the next business day. A payment-plan duty for larger landlords arrives July 1, 2027 (below). § 55.1-1245(F) (text effective until July 1, 2027): if rent is unpaid when due and the tenant fails to pay within 14 days after written notice of the nonpayment and of the landlord's intent to terminate if rent is not paid within the 14-day period, the landlord may terminate and proceed for possession. Virginia's computation statute, § 1-210, excludes the day the triggering event occurs and rolls a last day falling on a Saturday, Sunday, or legal holiday to the next business day. Payment-plan overlay arriving July 1, 2027 (§ 55.1-1245(G) as amended by 2026 c. 1105): from that date, a landlord owning more than four rental dwelling units (or more than a 10 percent interest in more than four), where the amount owed is no more than one month's rent plus contracted late charges, must state the exact amount due in the notice and offer a payment plan in equal monthly installments over six months or less. The tenant will avoid termination by paying in full or entering the plan within the 14 days. Until July 1, 2027 the standard 14-day pay-or-quit rules above apply without this overlay; the change is flagged under pending legislation on this page. Beyond the notice, Virginia layers one of the country's strongest cure ladders, the right of redemption (§ 55.1-1250). (B) Paying all rent due, late charges, attorney fees, and court costs at or before the FIRST RETURN DATE on the unlawful detainer stops the case, and presenting a written 'redemption tender' from a government or nonprofit at the return date buys a 10-day continuance to pay. (C) Full payment of rent, other contracted charges, late charges, reasonable attorney fees, and costs as of the court date requires dismissal unless possession is sought on grounds other than nonpayment. (D) Even after judgment, paying everything owed no less than 48 hours before the sheriff's scheduled eviction defeats the eviction. Only a landlord with four or fewer rental units (or up to a 10 percent interest in four or fewer) who gave written notice of the limitation may cap redemption at once per lease period (§ 55.1-1250(A)); larger landlords face an unlimited redemption right. Alongside redemption sits the Eviction Diversion Program (§ 55.1-1262, rewritten by 2026 cc. 230/818, effective July 1, 2026): in general district courts operating the Program, an eligible tenant's nonpayment case is diverted into a court-ordered payment plan rather than proceeding to judgment. Since July 1, 2026 the tenant no longer needs to affirmatively request referral into the Program, and the old disqualifiers — repeated late payment (more than twice in six months or three times in twelve) and recent use of § 55.1-1250 redemption — are gone, replaced by two narrower ones: outstanding rent under a payment plan executed within the last 12 months, or a default on such a plan within the last 12 months. A general district court operating the Program must attach Program information, including eligibility criteria, to every summons for unlawful detainer.
Lease-violation notice period	30 days
Lease-violation notice rules (cure vs. termination)	The 30 days is the termination period, and the tenant has 21 days inside it to cure — Virginia's '21/30 notice.' The written notice must specify the acts and omissions constituting the breach and state that the rental agreement terminates on a date not less than 30 days after receipt if the breach is not remedied (§ 55.1-1245(A)). The rule reaches material noncompliance with the rental agreement and violations of § 55.1-1227 materially affecting health and safety. The 30-day termination period is the notice figure shown on this page; the cure window inside it is 21 days. Repeat violations (§ 55.1-1245(E)): if the tenant remedied a prior noticed breach and then intentionally commits a subsequent breach of a like nature, the landlord may serve a written notice referencing the prior breach and terminating not less than 30 days after receipt — no second cure right.
Unconditional-quit grounds	§ 55.1-1245(C): a breach that is not remediable supports a written notice terminating on a date not less than 30 days after receipt, with no cure opportunity. If the non-remediable breach is a criminal or willful act posing a threat to health or safety, the landlord may terminate the rental agreement IMMEDIATELY and proceed to obtain possession, on an expedited docket: initial court hearing within 15 calendar days from the date of service of the unlawful detainer, with subsequent hearings no later than 30 calendar days. Unlike several states, the statute does not enumerate specific crimes — the test is a criminal or willful act, not remediable, threatening health or safety.
Court and action	Virginia's residential eviction is an action for 'unlawful detainer' under the unlawful entry and detainer article (§§ 8.01-124 through 8.01-130), commenced by a summons for unlawful detainer and heard in general district court; appeal is de novo to circuit court, taken within 10 days with security approved by the court — the bond must be posted and the writ tax paid within 10 days of judgment, though no indigent defendant may be required to post an appeal bond (§ 8.01-129). Two procedural gates protect tenants: the court may not enter an order of possession or judgment for the landlord unless the termination notice itself is presented and entered into evidence (§ 8.01-126(D)), and the summons must warn that an employer may not discharge or penalize the tenant for attending the hearing (§ 8.01-126(C), citing § 18.2-465.1). With the chief judge's approval, the summons may also carry an attached insert — prepared by the Commonwealth, the locality, or a local nonprofit — covering legal resources for both sides, a plain-language overview of the unlawful detainer process, and Eviction Diversion Program eligibility (§ 8.01-126(C)(2), added by 2026 c. 635, in force since July 1, 2026). Bifurcation changed the same day: on the plaintiff's request the court bifurcates the initial hearing — awarding possession and continuing the case up to 120 days to fix final rent and damages — but if the defendant contests the amount of rent and damages at that initial hearing, the court may not bifurcate, so the money question stays in the main case (§ 8.01-128, as amended by 2026 c. 432).
Filing to hearing	§ 8.01-126(B): the initial hearing on the summons occurs as soon as practicable but not more than 21 days from the date of filing; if it cannot be heard within 21 days, it must be held as soon as practicable and in no event later than 30 days after filing. The summons must be served at least 10 days before the return day, which sets the practical floor. § 8.01-126 sets no statutory deadline for the trial date when the tenant contests at the initial hearing — contested settings follow district court scheduling practice, so the 21/30-day clock governs only the first appearance.
Writ of possession and lockout	The possession writ is the 'writ of eviction' (renamed from 'writ of possession' by 2019 cc. 180/700). No statute imposes a minimum wait for issuance after judgment — but the sheriff may 'in no case' evict the defendant from the dwelling unit before the tenant's 10-day appeal period expires (§ 8.01-129), which is Virginia's earliest-lockout floor. Outer limits run the other way: the writ must be issued within 180 days from the date of judgment for possession, is returnable within 30 days of issuance, and a writ not executed within 30 days of issuance is vacated as a matter of law (§ 8.01-471). The sheriff must serve notice of intent to execute — including the DATE AND TIME of the eviction and the rights afforded to tenants — at least 72 hours before execution, and should execute within 15 calendar days of receiving the writ, never later than 30 days from issuance (§ 8.01-470). Two off-ramps survive judgment: entry into a new written rental agreement after judgment bars the writ in VRLTA cases (§ 8.01-471), and full payment made no less than 48 hours before the scheduled eviction redeems the tenancy (§ 55.1-1250(D)).
Appeal window	10 days
Best-case uncontested timeline (derived from statutory minimums — contested cases run longer)	About five to six weeks at the statutory minimum for an uncontested nonpayment case, roughly 35-40 days from notice to lockout. Contested cases, appeals, redemption events, and sheriff scheduling all extend it, and the figure is a floor built from statutory minimums rather than a promise. The steps behind it run: a 14-day pay-or-quit notice, then filing of the unlawful detainer, with the summons served at least 10 days before the return day; then an initial hearing as soon as practicable and not more than 21 days from filing (outer bound 30); then a possession judgment at the initial hearing if the tenant defaults; then a writ of eviction, which may issue promptly, though no eviction may occur before the 10-day appeal period expires, with the sheriff's 72-hour notice running inside that window; then execution within about 15 days of the sheriff's receipt. The tenant can still defeat the eviction by paying everything owed up to 48 hours before the scheduled date.
Self-help eviction (lockout, utility shutoff) barred	Yes
Self-help scope and tenant remedies	A tenant who is locked out, cut off from an essential service, or left in unsafe premises can petition the general district court and be heard within five calendar days (§ 55.1-1243.1). A proven violation costs the landlord actual damages, statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees. Section 55.1-1243.1 (2021 Sp. Sess. I, cc. 403/404) is the dedicated fast-track remedy. It applies where the landlord willfully and without a court order (i) removes or excludes the tenant from the dwelling unit unlawfully, (ii) interrupts or causes the interruption of an essential service, or (iii) takes action to make the premises unsafe. The initial hearing on the tenant's petition must be held within FIVE calendar days of filing, with a full hearing no more than 10 days after the initial hearing; the court may order the landlord to restore possession, resume the interrupted essential service, and fix the unsafe conditions. The damages are (i) actual damages, (ii) statutory damages of $5,000 or four months' rent, WHICHEVER IS GREATER, and (iii) reasonable attorney fees — one of the stiffest lockout penalties in the country. Utility shutoffs are squarely covered as interruption of an essential service.

Cite this page: "Landlord Atlas, Virginia Eviction Process Laws (verified August 12, 2026), landlordatlas.com/laws/eviction-process/virginia/" — free to cite and quote with a link (how these records are verified). Every figure above is cited to the Virginia statute in the citations section below.

Notes and caveats

The 5-day pay-or-quit notice is stale — Current § 55.1-1245(F) gives the tenant 14 days (2026 amendments, effective July 1, 2026), yet most secondary sources still say 5 days.
The old lockout statute was repealed but is still cited — § 55.1-1243 was repealed in 2021 and is nonetheless widely quoted. The operative section is § 55.1-1243.1, with its statutory-damages floor of $5,000 or four months' rent, whichever is greater.
The pay-to-defend gate on the habitability defense is gone — Until July 1, 2026, a tenant raising the § 55.1-1241 habitability defense (fire hazard or serious health-and-safety noncompliance) against a nonpayment possession action generally had to pay the rent found due into court before the defense could be heard. 2026 cc. 959 and 1041 removed that precondition, struck the court's option to order the tenant to surrender the premises, and added an express power to order the landlord to remedy the condition. The practical effect for a landlord: a habitability defense can now be heard without the tenant posting the disputed rent.
Redemption is no longer once a year for everyone — Pre-2021 sources describe the right of redemption as once per 12 months for all tenants. Since 2021 Sp. Sess. I c. 410 it is unlimited, except where a landlord with four or fewer units reserved a once-per-lease-period cap in writing.
There is no minimum wait to issue the writ — The 10-day floor is § 8.01-129's bar on the sheriff evicting during the appeal period, which sources routinely misattribute to the writ statute.
Why the lease-violation figure is 30, not 21 — The 30 days shown here is the termination period, and the 21-day cure window sits inside it. Calling this a '21-day notice' or a '30-day notice' alone is half-right either way.
How the days are counted — The eviction statutes say 'calendar days' where they mean it (§§ 55.1-1245(C), 8.01-470), and § 1-210 supplies the excluded-first-day and weekend/holiday rollover rules where a section is silent.
Several dated versions of these statutes coexist — law.lis.virginia.gov shows § 55.1-1245 in three dated versions — the current text effective until July 1, 2027, then two phased versions keyed to July 1, 2027 and to the later of July 1, 2028 or seven years after the COVID-19 emergency expires — and § 8.01-126 in two — 2026 c. 635's authorization for a court-approved legal-resource insert on the unlawful detainer summons is already in the current version (in force July 1, 2026), while the cc. 783/784 changes arrive July 1, 2027. Only the currently effective text is covered here.
Payment-plan overlay arrives July 1, 2027 — The HB 95 payment-plan overlay is flagged in the pending legislation on this page and is not incorporated into the figures here.
One cross-reference not covered here — § 55.1-1245(F) points to § 55.1-1251 for the possession remedy itself; that section is not separately covered here.
Manufactured-home lot rentals follow a different act — Lot rentals are governed by the Manufactured Home Lot Rental Act (Title 55.1, Chapter 13, § 55.1-1300 et seq.), and its notice and process figures must not be read into the rules on this page.
No local just-cause or notice ordinances — Virginia is a Dillon Rule state and § 55.1-1201 supersedes local landlord-tenant ordinances.
2026 amendment to the appeal statute — 2026 c. 579 (HB 221) amended § 8.01-129 this year; the appeal figures here come from the current post-amendment text.
The sections this topic rests on — Virginia's residential eviction rules here come from six sections — §§ 55.1-1245, 55.1-1250, 8.01-126, 8.01-129, 8.01-470, and 8.01-471 — together with § 55.1-1243.1 (self-help) and § 1-210 (computation of time).

Common questions: Virginia eviction process

Each answer is the verified value from the table above, restated as a direct answer. Free to quote with a link to this page.

How much notice does a landlord have to give before filing an eviction for unpaid rent in Virginia?: 14 days. The written notice must state the nonpayment and the landlord's intent to terminate if rent is not paid within the 14 days (§ 55.1-1245(F)). Days are calendar days under § 1-210, which excludes the trigger day and rolls a last day falling on a weekend or legal holiday to the next business day. A payment-plan duty for larger landlords arrives July 1, 2027 (below).
How much notice is required to evict for a lease violation in Virginia?: 30 days. The 30 days is the termination period, and the tenant has 21 days inside it to cure — Virginia's '21/30 notice.' The written notice must specify the acts and omissions constituting the breach and state that the rental agreement terminates on a date not less than 30 days after receipt if the breach is not remedied (§ 55.1-1245(A)).
How long does an eviction take in Virginia?: About five to six weeks at the statutory minimum for an uncontested nonpayment case, roughly 35-40 days from notice to lockout. Contested cases, appeals, redemption events, and sheriff scheduling all extend it, and the figure is a floor built from statutory minimums rather than a promise.
How long does a tenant have to appeal an eviction judgment in Virginia?: 10 days.
Can a landlord change the locks or shut off utilities instead of going to court in Virginia?: No — Virginia bars self-help eviction by statute; a landlord must go through the court process. A tenant who is locked out, cut off from an essential service, or left in unsafe premises can petition the general district court and be heard within five calendar days (§ 55.1-1243.1). A proven violation costs the landlord actual damages, statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees.

Statute citations

Va. Code § 55.1-1245 (A), (C), (E), (F), (G) (verified 2026) Official source
Va. Code § 55.1-1250 (A)-(D) (verified 2026) Official source
Va. Code § 55.1-1243.1 (verified 2026) Official source
Va. Code § 55.1-1241 (verified 2026) Official source
Va. Code § 55.1-1262 (verified 2026) Official source
Va. Code § 8.01-128 (verified 2026) Official source
Va. Code § 8.01-126 (B), (C), (D) (verified 2026) Official source
Va. Code § 8.01-129 (verified 2026) Official source
Va. Code § 8.01-470 (verified 2026) Official source
Va. Code § 8.01-471 (verified 2026) Official source

How this record was verified: Direct read of statute text on the official Virginia Code site (law.lis.virginia.gov): §§ 55.1-1226, 55.1-1204 (both the current version and the 'Effective July 1, 2027' version), 55.1-1253, and 55.1-1229 each read in full twice (independent reads matched verbatim); §§ 55.1-1200 (definitions), 55.1-1201 (applicability/supersession), 55.1-1203, 55.1-1206, 55.1-1208, and 55.1-1210 read in full once. 2026 session laws (cc. 722/723, 1050, 1066, and the HB 15/SB 48 and HB 95 changes) identified via official code version labels and section history lines, cross-checked against practitioner summaries; 2026 HB 278/SB 355 status (continued to 2027) checked 2026-07-09. 2024 Acts of Assembly c. 46 (HB 701) read in full on legacylis.virginia.gov 2026-07-09 and its added language confirmed against the current § 55.1-1229 text, confirming the earlier reading.