Virginia Eviction Notice Requirements

Under Va. Code § 55.1-1245, if rent is unpaid when due and the tenant "fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement," the landlord may terminate and obtain possession. For a remediable breach, written notice must specify the acts and state the agreement "will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 21 days." Serious conduct threatening health or safety allows immediate termination. The landlord cannot self-evict; possession must be obtained through an unlawful detainer suit in general district court.

A landlord who evicts without the required notice or who uses self-help (changing locks, removing belongings, or cutting utilities) instead of a court unlawful detainer action is liable to the tenant for actual damages and may face other remedies under the VRLTA.