MAKE YOUR FREE Virginia Eviction Notice
What is a Virginia Eviction Notice or Notice to Quit?
When to use a Virginia Eviction Notice:
- Your tenant has failed to pay the rent.
- Your tenant has violated any provision of the lease or rental agreement.
- You wish to terminate a month-to-month tenancy.
- The lease has expired and the tenant has remained on the property.
Sample Virginia Eviction Notice
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NOTICE TO QUITFIVE DAY NOTICE TO PAY RENT OR QUIT
, Virginia
TO TENANT(S) AND ALL OTHERS IN POSSESSION OF THE PREMISES LOCATED AT:
, , Virginia
PLEASE TAKE NOTICE that the tenancy pursuant to the lease and/or rental agreement dated under which you hold the possession of the herein described premises there is now due, unpaid and delinquent rent in the total sum of , representing rent due for the period from to . In accordance with the lease and/or rental agreement dated , you owe an additional sum of as a late fee and/or charge.
PLEASE TAKE FURTHER NOTICE that within FIVE (5) days after service of this notice, you are hereby required to pay the above-listed amounts in full OR quit the subject premises, move out, and deliver up possession of the same to . Failure to pay the rent and late fee in full OR vacate the premises WITHIN FIVE (5) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that you have violated the following term(s) in your lease and/or rental agreement dated : .
PLEASE TAKE FURTHER NOTICE that within TWENTY ONE (21) days after service of this notice, you are hereby required to perform the aforesaid covenant(s) OR quit the subject premises, move out, and deliver up possession of the same to within THIRTY (30) days after service of this notice. Failure to perform aforesaid covenant(s) WITHIN TWENTY ONE (21) days OR vacate the premises WITHIN THIRTY (30) days as required by this notice will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your week-to-week tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date SEVEN (7) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date SEVEN (7) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that your month-to-month tenancy under which you hold the possession of the herein described premises is hereby terminated as of the date THIRTY (30) days after the service of this NOTICE upon you. YOU ARE HEREBY required to quit and surrender possession thereof to on or before the date THIRTY (30) days after service of the NOTICE upon you. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
PLEASE TAKE NOTICE that the lease and/or rental agreement under which you hold the possession of the herein described premises has expired as of .
PLEASE TAKE FURTHER NOTICE you are required quit and deliver up possession of the premises to at once. Failure to do so will result in forfeiture of the lease and/or rental agreement and will institute an unlawful detainer against you to recover rent, damages and possession of said premises.
THIS IS INTENDED AS A FIVE (5) DAY LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.31.
THIS IS INTENDED AS A 21/30 DAY LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.31.
THIS IS INTENDED AS A SEVEN (7) DAY LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.37.
THIS IS INTENDED AS A THIRTY (30) DAY LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.37.
THIS IS INTENDED AS A LEGAL NOTICE FOR THE PURPOSE OF RECOVERING POSSESSION OF THE PROPERTY. THIS NOTICE IS IN ACCORDANCE WITH THE VIRGINA RESIDENTIAL LANDLORD AND TENANT ACT § 55-248.37.
LANDLORD RESERVES ALL THE RIGHTS AND REMEDIES PROVIDED UNDER THE RENTAL AGREEMENT AND UNDER APPLICABLE LAWS OF THE STATE OF VIRGINIA INCLUDING BUT NOT LIMITED TO DAMAGES FOR UNPAID RENT OR PROPERTY AND NOTHING IN THIS NOTICE MAY BE CONSTRUED AS A WAIVER OF SUCH RIGHTS AND REMEDIES.
| Dated: |
| By: | ______________________________ |
| , , |
Virginia Eviction Notice Checklist
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___Sign this document. This document needs to be signed by:
___Everyone gets a copy. Each tenant named in the document should receive an individual copy of the signed notice.
___Serve the document. Deliver the notice in person and by certified mail OR have the County Sheriff's Department formally serve the tenant(s). If you choose to serve the notice, make sure the notice is properly served in accordance with Virginia state law. If the Sheriff's office delivers the notice, it requires two (2) separate copies for each tenant served, and it charges a small fee for delivery.
Important Details
You may never forcibly evict a tenant without going through the formal tenant eviction process.
It is in the best interest of the tenant and landlord to come to an agreement to avoid the cost, inconvenience, and time involved with an eviction lawsuit. An eviction can jeopardize a tenant's ability to secure future housing and will impact their rental history.
If the tenant(s) remain in possession of the property after the notice has expired, you can then proceed with a formal eviction case in local court. However, the eviction process is a large expense and you should try to work it out with the tenant(s) whenever possible.
If you end up having to file a formal eviction case (also known as an unlawful detainer in Virginia), make sure you file your eviction case in the right court. Virginia is broken up into different jurisdictions, and you must file in the correct jurisdiction. You can usually figure out where to file by doing some research on the state's website.
You should retain all Proof of Service documents.
If the lease term has expired and you've given approval for the tenant to switch to a month-to-month term lease, you should not use this form.
Virginia Eviction Notice FAQs
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Am I legally allowed to evict a tenant for past-due rent in Virginia?
Generally speaking, yes, and you can use a Virginia Eviction Notice (more specifically known as a 5-Day Notice to Pay Rent or Quit) to kick off the process. However, due to COVID-19, there are some limitations and special protections in place for tenants who can't pay rent. Despite the fact that the federal ban on eviction was extended and then struck down, the state of Virginia can create and enforce its own regulations for evictions. Keep up with the ask a local landlord-tenant lawyer for further insight.
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When should a landlord write an Eviction Notice in Virginia?
If you would like to remove a tenant from a Virginia rental property, you are required to always provide them with a Notice of Eviction. Some of the most common reasons why you may need to use one are:
- The tenant is routinely late to pay their rent or payments have fallen behind schedule
- The tenant has caused excessive damage to the unit
- The tenant harasses or disturbs the quiet enjoyment of the other renters
- The tenant is using the property for an illegal operation
- The tenant violates your pet policy
- The tenant sublets the property in breach of the agreement
Outside of these examples, a renter typically can be evicted by a property owner due to other reasons that are not connected to a fault of their own, such as when the landlord wishes to move in. Please note that the list shown above is not exhaustive and the lawfully accepted reasons for evicting tenants can vary from place to place. If you have any doubts with regard to Virginia eviction laws, you can always talk to an attorney.
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How should a Virginia Notice to Vacate be organized?
You can click on the button that says "Make document" to check out the Virginia Eviction Notice sample and see what information you'll need to create your eviction letter. In general, the details that may be necessary to include in a Notice to Vacate for Virginia are:
- The location and description of the property
- Contact information for your tenant
- What lease terms are not being met
- How much time the tenant has to address the situation
- For what period of time the rent has gone unpaid (if relevant)
In the event that your tenants are not at fault for the eviction, you may wish to add more details since the notice could likely be unexpected. Using the document tool, you are able to add more adjustments and edits, as needed. You'll want to verify that any policies and terms that you refer to are actually present in the fully executed rental agreement.
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How will Virginia eviction laws impact me as a landlord?
Eviction laws are continually evolving and the legal process and guidelines can be quite nuanced, especially for a first-timer. In some cases, there might be varying requirements depending on how long the tenant has occupied the unit and what the reason is for eviction. As a result, it is strongly recommended that you speak with a local eviction lawyer before delivering a Notice of Eviction.
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How do I draft a Virginia Eviction Notice form online for free?
If you need to write this document using Rocket Lawyer, please follow these instructions. After learning more about the rental arrangement, Rocket Lawyer will build a Virginia Eviction Notice that is customized for your needs. This method is often going to be notably less time-consuming than finding and working with your average attorney.
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What would I traditionally pay to evict a tenant in Virginia?
The fees associated with working with the average attorney to create a Notice of Eviction might be anywhere between several hundred dollars per hour and thousands in total, if the matter is complex. Rocket Lawyer is not your average eviction form website. With us, any property owner under a Premium membership has access to up to a 40% discount when hiring an Rocket Lawyer network attorney. If you wish to know what the complete cost of an eviction might be, you'll need to take into consideration the cost of filing court documents, legal fees, the value of unrecovered funds, storage and/or cleaning fees, and the money and time spent on looking for a replacement tenant.
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How much time does the Virginia eviction process typically take end to end?
The duration of the eviction process for Virginia renters usually will depend on the notice requirements, along with the overall volume of cases that are happening concurrently. Below, you'll find an overview of Virginia notice periods:
- Past-due rent: 5-day notice
- Lease agreement violations: 21-day notice to fix issue or 30 days to move out
- No fault of the tenant(s): 30-day notice
Following the pre-defined notice period, the actual eviction may still take 2 to 4 months. It is important to note that in particular types of housing, for instance where rent payments are subsidized, the mandated notice period may be longer.
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Do I need to work with a lawyer if I am evicting someone in Virginia?
While you may make a Notice to Vacate without assistance, most rental property owners who end up going to court will be represented by an attorney. Depending on whom you ask, some lawyers won't even agree to review your document if they didn't draft it. A better approach worth consideration is to get help via Rocket Lawyer On Call® network of attorneys. As a Premium member, you can request feedback from an attorney with landlord-tenant experience or get answers to other questions related to your VA Eviction Notice. We're always available to help answer any questions that you may have.
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What happens after making a Notice of Eviction/Notice to Quit in Virginia?
After completing a Virginia Eviction Notice using Rocket Lawyer, you will have the ability to open it on any device. You also may interact with your document by editing it, making a copy of it, downloading it in PDF format or as a Word document, and printing it out. You will need to sign and date it before serving it on the tenant(s). There are several different methods for serving the notice:
- Send the notice through certified mail with a return receipt
- Deliver the notice personally
- Use a process server
It is important to remember that "self-help" evictions are illegal. You shouldn't remove property, turn off utilities and services, replace locks, or in any way harass your tenant in order to make them move out. Taking the appropriate lawful actions leading up to and throughout the eviction proceedings is critical to removing tenants successfully with a judgment from the court.
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When do I not need to provide notice?
You can skip serving an Eviction Notice and go straight to filing with the courts if the renter commits a criminal act that endangers the property or other tenants. Criminal acts include illegal drug activities.
