What Tenants Should Know About Eviction Laws in Virginia

Tenants in Virginia facing eviction should understand several key aspects of state law to protect their rights and navigate the process effectively.

Notice Requirements

Nonpayment of Rent

Notice to Pay or Quit: If a tenant fails to pay rent on time, the landlord must provide a written notice giving the tenant 5 days to pay the full amount owed or vacate the property. Some sources note a 14-day notice may be required in certain circumstances or localities, but Virginia Code § 55.1-1245(F) specifies a 5-day written notice for most residential cases.

Grace Period: There is no state-mandated grace period unless specified in the lease agreement.

Lease Violations

Remediable Violations: For issues that can be fixed (like unauthorized pets or minor damage), the landlord must serve a written notice giving the tenant 21 days to correct the problem. If the tenant does not remedy the violation within 21 days, they have until the end of a 30-day period to vacate.

Non-Remediable Violations: For serious or repeated violations (such as intentional damage or health and safety threats), the landlord can issue a 30-day notice to vacate without a chance to fix the issue.

Criminal Activity: For criminal acts or illegal drug activity, the landlord can terminate the lease immediately and proceed with eviction without prior notice.

The Eviction Process

Court Filing

Unlawful Detainer: If the tenant does not comply with the notice, the landlord may file an unlawful detainer lawsuit in the appropriate court.

Court Hearing: Both parties have the opportunity to present their case at a court hearing. The landlord must prove the grounds for eviction, while the tenant may present defenses.

Judgment and Writ of Possession: If the court rules in the landlord’s favor, a writ of possession is issued. The tenant then has 72 hours to vacate the property before the sheriff enforces the eviction.

Tenant Rights and Protections

Defenses Against Eviction

Fixing the Violation: Tenants can avoid eviction by correcting remediable lease violations within the notice period.

Retaliation: Landlords cannot evict tenants in retaliation for actions such as reporting housing code violations or joining a tenant union.

Habitability Issues: Tenants may use poor property conditions as a defense if the landlord has failed to maintain the property in a habitable state.

Appeals: Tenants have the right to appeal the court’s decision within 10 days of the judgment, which pauses the eviction while the appeal is pending.

Other Protections

Eviction Diversion Program: Virginia’s Eviction Diversion Program (renewed through July 1, 2025) allows eligible tenants to enter court-ordered payment plans to avoid eviction.

Notice for Rent Increases: For landlords with four or more units, notice of rent increases or nonrenewal must be given at least 60 days before the end of the lease term.

Summary Table

Reason for Eviction	Notice Required	Tenant’s Right to Cure	Next Steps if Not Complied
Nonpayment of Rent	5-day (sometimes 14-day)	Pay rent in full	Unlawful detainer lawsuit
Remediable Lease Violation	21/30-day notice	Fix within 21 days	Move out by day 30 or lawsuit
Non-Remediable Violation	30-day notice	None	Move out by day 30 or lawsuit
Criminal Activity	Immediate notice/termination	None	Immediate lawsuit

Additional Considerations

Self-Help Evictions Are Illegal: Landlords cannot forcibly remove tenants or change locks without a court order.

Tenant Property: Tenants must be given reasonable access to retrieve their belongings after eviction.

Record of Eviction: An eviction record can make it difficult for tenants to secure future housing.

Tenants should always respond promptly to any notice and consider seeking legal assistance if facing eviction. Understanding these laws helps tenants protect their rights and navigate the eviction process in Virginia.

Sources: