Make a Virginia Eviction Notice

What are the Components of a Virginia Eviction Notice?

There are three types of Virginia eviction notices. They all have the same basic components:

• The legal name(s) of the tenant(s) who signed the lease and are legally required to uphold its terms
• The address of the rental property
• The date the eviction notice was created
• How the eviction notice was served on the tenant (referred to as proof of service or certificate of service)
• The contact information of the landlord or property manager
• The printed name and signature of the landlord or property manager.

Virginia eviction notices are also known as a notice to quit. How many days the tenant has to correct the problem or vacate the property depends on the reason the eviction notice is issued. They may also have specific additional components.

Virginia 5-Day Notice to Quit for Non-Payment of Rent

A 5-day notice to quit for non-payment of rent is authorized by Article 5. It is used when the tenant doesn’t pay their rent on time. It informs the tenant that they owe past due rent and it gives them 5 days to either pay the rent or vacate the property. It would be helpful for the notice to mention:

• The full amount of rent that is due
• Which payment methods the tenant may use
• Where the tenant may pay.

Virginia 30-Day Notice to Quit for Curable Non-Compliance

A 30-day notice to quit for non-compliance is given when the tenant doesn’t comply with the terms of the lease or rental agreement according to Article 5. This notice is not used for illegal activity or non-payment of rent. One example of this eviction notice is an unauthorized pet on the premises. This notice should list:

• The reason it is being issued
• The date by which the tenant must comply or vacate the property.

It gives the tenant 30 days to correct the problem or vacate the rental property.

Virginia Notice to Quit for Illegal of Harmful Activity

Virginia landlords have no legal requirement to provide a certain number of days of notice if the tenant is involved in the illegal or harmful activity on the rental property according to Article 5. This notice is used for criminal, illegal, menacing, or threatening activity. The tenant is not being given the option to correct the issue. They are being told to vacate the property. This notice can be immediate. The landlord may find it helpful to include the explicit reason why the notice was issued.

Virginia Lease Termination Letter – 30 Day Notice

A 30-day notice to terminate a month-to-month tenancy is a notice used to set a date that the monthly agreement will end. This isn’t an eviction notice per se but is used for holdover tenancy. Rather, it can be used by either the landlord or the tenant to tell the other party that the property will return to the possession of the landlord. This notice is governed by Article 5.

Service of a Virginia Eviction Notice

In Virginia, the legal method of service is a written notice that a tenant sees. Landlords could have the tenant served in person or use certified mail with a return receipt requested to act as proof of service. Landlords should make a copy of their proof of service (be it a return receipt from the mail or a copy of a completed Certificate of Service) for their records.

What are the Legal Considerations of a Virginia Eviction Notice?

Eviction notices must be legally served. They must also be issued for a legal reason as discussed above. For the landlord to file an eviction lawsuit, the tenant must refuse to comply. The landlord must receive an order from the court before they can change the locks, remove the tenant’s belongings, or turn off the utilities to the rental. Without a court order, those actions are considered “self-help” eviction; they are illegal.

It is also illegal for the landlord to evict the tenant if they report the landlord or the rental property to the housing authority because of inhabitable conditions or for code violations. This is known as retaliatory eviction. The landlord may not evict a tenant solely based on the tenant’s actual or perceived religion, gender, disability, family status, country of origin, the color of their skin, or their race. This is a violation of The Fair Housing Act, a federal law.

If a landlord uses any sort of illegal eviction method, they may be sued by the tenant. The court may order the landlord to pay the tenant financial damages. The landlord may also be fined for violating state or federal law.

Eviction Information for Virginia Tenants

If you’re renting or leasing a residential property in Virginia, you have rights and responsibilities. You can learn more about both by checking out this page maintained by the Virginia Housing Development Authority. If you’ve received an eviction notice, read it carefully. This will help you determine why you received it and how long you have to either comply or vacate the property. For illegal acts, criminal acts, threats, and menacing behavior, the landlord is not required to give you a certain amount of time to leave the property. For questions, contact your landlord to discuss what’s happening. Depending on why the notice was issued, the landlord may be willing to work something out with you.

If you haven’t done so already, review the Legal Considerations section above. You’ll learn about several important concepts, including illegal eviction. A landlord-tenant attorney can answer any questions you may have and help you determine if you’ve been victimized by an illegal eviction. For resources, you can contact a law school near you and ask if they have an active legal clinic. They may have resources for tenants facing eviction. Legal aid may also be beneficial.

Eviction Information for Virginia Landlords

If you’re a landlord in Virginia, it’s important that you understand your legal obligations and rights. You must maintain the property in a way that keeps the property safe and habitable. Also, make sure that you properly draft and serve an eviction notice. You cannot file an eviction lawsuit against the tenant until they refuse to comply with a legally served eviction notice. If you haven’t done so already, go back and read our Legal Considerations section to guard yourself against using an illegal eviction method. To learn more about the eviction process, talk with a landlord-tenant attorney in the county where your rental property is located.