Virginia eviction law

If rent is unpaid when due, you may serve written notice of the nonpayment and of your intention to terminate the lease if the rent is not paid within 14 days. If the tenant does not pay within those 14 days, you may terminate and seek possession through an unlawful detainer case.

Va. Code § 55.1-1245(F) Va. Code § 55.1-1251

• Accepting full payment of everything owed ends your right to evict for nonpayment alone. To accept a partial payment and still evict, you must first give written notice, using the exact statutory wording, that payments are accepted with reservation; it may be part of the 14-day notice. Va. Code § 55.1-1250(A)
• The tenant can stop an unlawful detainer for nonpayment by paying all rent, contracted charges and late fees, attorney fees and court costs owed as of the court date, or, after judgment, by paying all amounts claimed on the summons at least 48 hours before the scheduled eviction. Va. Code § 55.1-1250(C), (D)
• A termination notice to a tenant using a housing choice voucher or other tenant-based rental assistance is not effective unless its first page gives the statewide legal aid telephone number and website. Va. Code § 55.1-1202(D)
• From July 1, 2027, a landlord with more than four units must offer a payment plan before terminating for unpaid rent of one month or less, and every nonpayment termination notice must include a statement of charges and payments. Va. Code § 55.1-1245(G) (effective July 1, 2027) Va. Code § 55.1-1202(E) (effective July 1, 2027)
• Serve a notice to the tenant at the tenant's last known residence, which may be the rental. You may send notices electronically only if the lease provides for it, any tenant may choose paper instead, and you must keep proof of electronic delivery. Va. Code § 55.1-1202(A), (B)

For a material breach of the lease, or a breach of the tenant's duties that materially affects health and safety, serve written notice describing the breach and stating that the lease will end on a date at least 30 days after the tenant receives the notice unless the breach is fixed within 21 days. If the tenant fixes it in time, the lease continues.

Va. Code § 55.1-1245(A), (B)

• A breach that cannot be fixed allows a notice ending the lease at least 30 days after receipt, with no cure period. Va. Code § 55.1-1245(C)
• A criminal or willful act that cannot be fixed and threatens health or safety, including illegal drug activity by the tenant, an occupant or a guest, lets you terminate immediately and seek possession; you prove it by a preponderance of the evidence and need no conviction. Va. Code § 55.1-1245(C)
• If the tenant fixed an earlier breach after notice and then intentionally repeats a breach of a like nature, you may give a 30-day notice that refers to the earlier one, with no new cure period. Va. Code § 55.1-1245(E)
• A lease does not end only because of family abuse against the tenant when the abuser is barred from the unit by you or by a court order the tenant gave you. Va. Code § 55.1-1245(D)
• For a breach of the lease or of the tenant's duties that materially affects health and safety and can be fixed by repair, replacement of a damaged item or cleaning, you may give written notice, do the work and bill the actual and reasonable cost, due as rent on the next rent due date. Va. Code § 55.1-1248 Va. Code § 55.1-1229(A)(2)

After the lease has been terminated by a proper notice, file an unlawful detainer in the general district court. For a residential tenancy the first hearing is set within 21 days of filing (no later than 30), and the summons must be served at least 10 days before the return date.

Va. Code § 8.01-126(B)

• After judgment, the sheriff serves notice at least 72 hours before executing the writ of eviction and should execute it within 15 days of receiving it; an order of possession stays valid for 180 days. Va. Code § 8.01-470
• If the tenant asks for a continuance or a contested trial, the court on your request orders the rent due as of the first court date paid into escrow unless it finds the tenant has a good faith defense, and if the tenant fails to pay as ordered the court on your request enters judgment and an order of possession. Va. Code § 55.1-1242
• A tenant may stop an eviction for nonpayment by paying everything owed by the court date, by presenting a redemption tender from a local government or nonprofit that pays within 10 days, or by paying all amounts claimed on the summons, including sheriff fees, at least 48 hours before the scheduled eviction. Once paid, you must promptly tell the sheriff to cancel the eviction; a willful failure may be treated as an unlawful exclusion. An owner of four or fewer units may limit this right of redemption to once per lease period by written notice to the tenant. Va. Code § 55.1-1250(A) to (D) Va. Code § 55.1-1243.1
• In a general district court that runs the Eviction Diversion Program, a tenant who appears at the first docket call, pays at least 10 percent of the amount due and meets the other eligibility conditions is directed, with you, into a court-ordered payment plan. Va. Code § 55.1-1262
• Self-help eviction is not allowed. Va. Code § 55.1-1252 See Lockouts and utility shutoffs on the Virginia page

You may not take back the home by willfully interrupting an essential service or by refusing the tenant access, except under a court order for possession.

Va. Code § 55.1-1252

• A tenant who is unlawfully excluded, has an essential service willfully cut off, or whose home you made unsafe can petition the general district court; the first hearing is within five days, and the tenant recovers actual damages, statutory damages of $5,000 or four months' rent (whichever is greater), and attorney fees. Va. Code § 55.1-1243.1
• A tenant whose essential service you willfully or negligently fail to supply has the remedies of the essential services rule. Va. Code § 55.1-1239 See Tenant repair remedies on the Virginia page

If you cannot tell whether the tenant has abandoned the home, serve written notice asking the tenant to say in writing within seven days that they intend to stay. With no reply and no other sign of occupancy, the home is presumed abandoned and the lease ends when the seven days run out; you must still mitigate damages.

Va. Code § 55.1-1249

• After the lease has ended and possession is delivered, you may treat property left behind as abandoned and dispose of it, if your termination notice, your seven-day abandonment notice, or a separate 10-day notice said that property left would be disposed of within 24 hours after the period ends. Va. Code § 55.1-1254
• The tenant may remove the property at reasonable times until you dispose of it, and any sale proceeds go to the tenant's account, with any remainder treated as a security deposit. Va. Code § 55.1-1254
• After an eviction, the sheriff oversees moving property out, and the tenant has 24 hours to remove it. Va. Code § 55.1-1255
• When a sole tenant dies and no one is appointed by the court, give at least 10 days' written notice to the emergency contact named in the application or lease (or to the tenant's address if none) before treating the property as abandoned. Va. Code § 55.1-1256(A)

You may not raise rent, cut services, bring or threaten an eviction, or end a periodic tenancy in retaliation after learning that the tenant complained to a housing code agency about a violation affecting health or safety, complained to you or sued you under the landlord and tenant law, organized or joined a tenants' organization, or testified against you. Under the version in force until January 1, 2027, the tenant must prove retaliatory intent.

Va. Code § 55.1-1258(A), (B)

• You may still raise rent to market levels, reduce services for all tenants equally, and seek possession if the tenant caused the code violation, owes rent, or breached a duty affecting health and safety, or if code work would require the tenant to leave. Va. Code § 55.1-1258(A), (C)
• A tenant may raise retaliation as a defense to an eviction and recover actual damages. Va. Code § 55.1-1258(B)
• From January 1, 2027 the protected acts add complaints to news media and written complaints under the lease or the fair housing laws, the prohibited acts add raising fees, selective enforcement of rules, threats, harassment and refusing to renew a voucher holder's tenancy (unless for good cause), and the sentence placing the burden of proving retaliatory intent on the tenant is removed. Va. Code § 55.1-1258 (effective January 1, 2027)