The eviction process in Virginia isn’t just about removing a tenant; it’s a legal path with strict steps that landlords must follow to stay compliant and avoid setbacks.
Whether you're facing late rent, lease violations, or an unwelcome occupant, knowing exactly what to do (and when) can save you time, stress, and money. LeaseRunner will walk you through each stage clearly and practically, so you can handle evictions lawfully and regain control of your rental property with confidence.
Recent Updates to Virginia Eviction Laws (2025)
Virginia implemented several revisions to the Virginia Residential Landlord and Tenant Act (VRLTA) effective July 1, 2025, which will shape how landlords and tenants navigate the eviction process in Virginia.
These adjustments streamline lease disclosures, broaden access to eviction prevention programs, and strengthen rights for vulnerable tenants—ultimately reshaping the landlord‑tenant dynamic in meaningful ways. For property managers and owners, compliance is not just about legal obligation - it’s essential for smooth, dispute‑free rental operations.
Enhanced Tenant Protections Regarding Late Fees
Effective July 1, 2025, under Virginia Code § 55.1-1204, leases must itemize all recurring and one-time charges (e.g., rent, security deposits, administrative fees) on the first page.. Additional charges are prohibited unless explicitly listed or added via a signed amendment. This requirement stems from House Bill 2430 (2025 session), which mandates the disclosure of all applicable rental fees on the lease's first page for new, extended, or renewed leases.
In addition, landlords may not charge processing fees for rent or deposit payments if tenants are only offered one method of payment. To remain compliant, landlords must provide at least one fee-free option, such as checks or money orders, and supply receipts for all cash transactions.
These new rules significantly limit revenue from additional fees and increase the responsibility for lease preparation. Any noncompliance could invalidate the ability to enforce certain fees, weakening the grounds for pursuing non-payment evictions.
New Requirements for Unpaid Utilities
Under updated legislation, landlords who control and bill tenants for utilities must follow stricter notice requirements before disconnection. They are required to provide tenants with written advance notice—including the amount owed, the deadline to pay, and the earliest shutoff date—before any utility service is terminated.
Furthermore, landlords must allow tenants a reasonable opportunity to cure unpaid utility balances and offer installment arrangements where feasible. Any violation of these steps could prevent a landlord from using unpaid utilities as a basis for eviction.
Unpaid utilities can no longer be used as a standalone grounds for eviction unless proper legal notice is provided. This forces landlords to be more proactive in communication and documentation, while reducing abrupt or retaliatory shutoffs.
Legal Grounds for Eviction in Virginia
Understanding the legal grounds for eviction is a critical step in initiating the eviction process in Virginia. Each justification must follow specific notice rules and procedural requirements to be enforceable in court. Below are the most commonly accepted legal reasons for removing a tenant from a rental unit under Virginia law.
1. Unpaid Rent or Late Payment
One of the most frequent causes for initiating the eviction process is when a tenant misses a rent payment. Landlords are allowed to pursue legal action if rent is not delivered on time, as stated in the lease. In most cases, tenants are offered 5 days—officially known as the 5-Day Notice to Pay—to settle the full balance.
If payment is made within this window, the eviction does not proceed. However, failure to comply allows the landlord to file for eviction in court. It's important to note that for month-to-month rentals without a written agreement, rent is due on the first and is considered overdue after the fifth. Consistent rent payment is essential to avoiding disputes between landlords and tenants.
2. Breach of Lease Conditions
Breaking the terms outlined in the rental contract also qualifies as a legal basis for removal. Common lease violations may include unauthorized pets, damaging the unit, or exceeding occupancy limits. When this occurs, the landlord must first issue a 30-Day Notice to Comply, which gives the tenant 21 days to correct the issue.
If the issue remains unresolved, the tenant is given 9 more days to vacate voluntarily. For violations deemed non-curable—such as repeated misconduct or safety threats—the landlord can skip the cure period and deliver a 30-Day Notice to Quit, requiring the tenant to leave the premises without a chance to remedy the problem.
3. Criminal or Prohibited Conduct
Engaging in unlawful behavior on the rental property is another valid ground for eviction. In Virginia, landlords may bypass the notice stage entirely and directly file for eviction in court. Criminal acts may include drug-related offenses, violent behavior, or any action that compromises the safety and well-being of others residing on the premises.
These violations fall under a zero-tolerance policy, emphasizing the state's commitment to safe housing environments. This immediate step streamlines the eviction process in Virginia when tenant behavior poses legal or physical risks, often triggering an unlawful detainer action as part of formal legal procedures.
4. Staying Beyond Lease Term
In cases where the rental term has concluded and no renewal has been agreed upon, a tenant is expected to vacate. If they continue to occupy the space after their lease ends, the landlord can initiate the eviction procedure.
Depending on whether the lease was month-to-month or fixed-term, the appropriate notice of non-renewal must be served in writing. This ensures the tenant is aware that their occupancy is no longer authorized.
If the tenant does not leave within the notice period, the landlord may move forward with court procedure to regain possession of the rental property. This ensures both landlord rights and tenant protections are respected under Virginia law.
Serving an Eviction Notice in Virginia
Before proceeding with a court case, Virginia law requires landlords to serve tenants with a proper eviction notice. The sections below outline the different types of notices, what details must be included, and the legal methods of delivering them.
Types of Notices
In the eviction process in Virginia, the type of eviction notice a landlord must serve depends on the reason for terminating the lease.
For nonpayment of rent, a 5-Day Notice to Pay or Quit is required. If the tenant has violated the lease in other ways, such as damaging the unit or causing disturbances, a 30-Day Notice to Cure or Quit is typically used. In cases where the violation cannot be remedied, landlords may proceed with a 30-Day Unconditional Quit Notice.
Each notice must follow Virginia law exactly. Serving the wrong type of notice—or failing to serve one at all—can delay the eviction and may result in the case being dismissed.
What to Include in the Notice
Every eviction notice in Virginia must be clear, dated, and include:
- The full name of the tenant(s)
- The rental property's complete address
- The specific reason for the eviction
- The deadline by which the tenant must comply (pay rent, correct the violation, or vacate)
- A statement that failure to act will lead to legal action
To avoid disputes, the notice should be written in plain language. Landlords are advised to keep a signed copy for their records and to document the method of delivery. In cases where disputes over tenant rights arise, seeking advice from local housing authorities or legal aid organizations is strongly recommended.
How to Serve the Notice
Serving the eviction notice is one of the most important steps in the eviction process in Virginia. According to state law, landlords can use one of the following legal methods:
- Personal Delivery – Handing the notice directly to the tenant.
- Substitute Service – Leaving the notice with a family member who is at least 16 years old and then mailing a copy to the tenant’s last known address.
- Posting – Attaching the notice in a visible location on the rental unit (such as the front door) and mailing another copy to the tenant on the same day.
These service methods ensure the tenant is properly notified and give the landlord legal grounds to proceed if the tenant fails to comply. Serving the notice correctly helps prevent unnecessary court delays and supports a smoother eviction timeline.
Important Considerations
Accuracy and timing are crucial in this step of the eviction process in Virginia. Incomplete notices, improperly served, or missing required details can result in the case being dismissed by the judge. Landlords should also avoid self-help methods, such as changing locks or removing a tenant’s belongings, as these are illegal under Virginia law.
For a smoother experience, landlords are encouraged to maintain clear communication with tenants and seek legal advice when necessary. Following the proper process helps ensure compliance with Virginia landlord-tenant laws, protects property rights, and maintains fairness for both parties.
Step-by-Step Eviction Process in Virginia
Understanding the eviction process in Virginia is crucial for landlords who want to remove a tenant lawfully. Below is a clear, step-by-step breakdown of the entire legal eviction procedure, following Virginia landlord-tenant laws.
Step 1 – Serve Notice to Vacate
Before initiating a formal lawsuit, landlords must serve the proper notice to vacate, depending on the reason for eviction. This could be a 5-Day Notice to Pay or Quit for nonpayment of rent or a 30-Day Notice to Cure or Quit for lease violations.
The notice must:
- Be written and properly dated.
- Include the tenant's name and rental address.
- Clearly state the reason for termination.
- Outline the number of days the tenant has to comply or leave.
Virginia law requires this notice to be delivered in person or posted at the property and sent via mail to ensure proper documentation.
Step 2 – File a Complaint in General District Court
If the tenant fails to comply with the notice, the landlord may proceed by filing an Unlawful Detainer lawsuit in the General District Court where the property is located.
The landlord must submit:
- A completed Summons for Unlawful Detainer form.
- Copies of the lease agreement and notice served.
- Proof of service and any supporting documentation.
Filing fees vary by jurisdiction but typically range between $50–$150.
Step 3 – Serve the Legal Complaint
The Summons and Complaint must be legally served to the tenant. Under Virginia law, this must occur at least 10 days before the hearing date.
Acceptable methods include:
- Personal Service: Delivered directly to the tenant.
- Substitute Service: Left with a resident of suitable age at the tenant’s home.
- Post and Mail: Placed at the entrance and mailed to the tenant.
- Publication: Used only if the tenant cannot be located and requires court approval.
The landlord is not allowed to serve these papers themselves. A sheriff, private process server, or qualified adult must complete the delivery. It's important to double-check all documentation and delivery timelines during this eviction check, as procedural errors may delay or invalidate the case.
Step 4 – Wait for Tenant Response
Tenants are not required to file a written response. Instead, they must appear in court on the hearing date listed in the summons. Failure to attend may result in a default judgment in favor of the landlord.
Landlords should prepare all necessary evidence, including:
- Lease agreements
- Rent payment records
- Violation notices
- Communication logs
- Photographic proof (if applicable)
Step 5 – Attend the Court Hearing
During the hearing, the landlord presents their case. If successful, the judge will issue a Judgment for Possession. If the tenant disputes the claim, both parties will present evidence, and the court will decide accordingly.
Hearings are generally scheduled within 21–30 days from the date the complaint is filed. A ruling in favor of the landlord paves the way for the physical removal of the tenant.
Step 6 – Obtain a Writ of Eviction
After winning the case, the landlord must formally request a Writ of Possession, commonly referred to as a Writ of Eviction in Virginia.
Key points:
- The writ cannot be issued until 10 days after the court’s decision.
- The landlord has 180 days to request the writ before the ruling becomes void.
- The writ allows the sheriff to proceed with a forced removal if necessary.
This legal document notifies the tenant that they must vacate or face forced eviction.
Step 7 – Regain Possession of the Property
Once the writ is issued, the sheriff will serve it to the tenant within 15–30 days. After receiving the writ, the tenant has 72 hours to leave the premises voluntarily.
Only the sheriff is authorized to carry out the eviction. It is illegal for landlords to perform a self-help eviction, such as changing the locks or removing the tenant’s belongings.
Landlords must follow all due process, as skipping steps can result in liability under laws in the U.S. that protect tenants from unlawful eviction practices.
Virginia Eviction Timeline and Costs
Understanding the eviction process in Virginia means knowing what steps are involved and how long each stage might take. While the entire process may span between 60 to 120 days, each case can vary depending on how quickly actions are taken and whether the tenant contests the case.
Below is a detailed breakdown of the typical timeline and estimated expenses:
Required Documents for Virginia Eviction
Preparing the right paperwork is one of the most critical steps in the eviction process in Virginia. If you're a landlord pursuing lawful removal of a tenant, especially in contested situations, the strength of your documentation can directly impact the court’s decision. Here's what you’ll need to present, organized into specific categories to support your case:
1. Lease Agreement and Rent Terms
Your signed rental contract lays the foundation for your eviction claim. Be sure to include a complete and legible copy of the lease, showing:
- When rent is due each month
- Late fee policies or grace periods
- Duration of tenancy and renewal terms
- Signature pages showing mutual agreement
This document is especially important when dealing with nonpayment of rent or habitual late payments. Judges often use this as a baseline for assessing whether the tenant violated any agreed-upon conditions.
2. Rent Payment Records
For cases involving unpaid rent, provide a detailed payment history:
- Receipts or transaction logs (checks, bank transfers, money orders)
- Dates and amounts of each rent payment
- Notes on missed payments or partial payments
- Copies of returned checks or failed ACH transfers
This type of financial documentation shows a clear pattern of behavior, helping the court assess if the tenant repeatedly missed rent or failed to resolve payment issues despite notices.
3. Written Notices Served to the Tenant
In the eviction process in Virginia, landlords are legally required to serve formal notices depending on the type of lease violation. Be prepared to submit:
- Five-Day Pay or Quit Notice for nonpayment of rent
- Thirty-Day Notice for lease violations that can be remedied
- Unconditional Quit Notice, when applicable, for repeated breaches
Make sure these notices include delivery proof (certified mail receipts or signed acknowledgments) and the exact language required by Virginia landlord-tenant law.
4. Communication Records
If you've reached out to the tenant through texts, emails, or mailed letters about missed payments or rule violations, keep digital or printed records of those exchanges. They show good faith efforts to resolve the issue before turning to legal action.
Screenshots or exported email threads can be very useful, especially if the tenant disputes receiving notice or denies prior communication.
5. Evidence of Lease Breaches
For lease violation evictions, it’s essential to provide tangible proof of the infraction. Depending on the situation, this may include:
- Photos of damage, unauthorized pets, or hazardous conditions
- Videos or audio recordings of disturbances or illegal activity
- Complaints submitted by neighbors or building staff
- Copies of police reports or city code violations
You should also highlight which clause in the lease was broken, even if the violation isn't explicitly listed, particularly for serious issues like property destruction or safety threats.
This kind of evidence is equally important in situations where a tenant claims squatter rights, as you’ll need to prove ongoing violations or the absence of a valid lease agreement.
6. Property Condition Documentation
Document the before-and-after condition of the unit. This helps establish whether the tenant caused any deterioration beyond normal wear and tear:
- Move-in inspection checklist signed by the tenant
- Time-stamped photos or videos taken before and after tenancy
- Maintenance logs or repair invoices
These records can support your claim, especially if you're withholding part of the security deposit or seeking compensation for damages as part of the court judgment.
5 Tips for Virginia Landlords to Avoid Eviction Delays
Delays during the eviction process in Virginia can cost landlords time, money, and peace of mind. To help prevent unnecessary setbacks, here are five practical tips every Virginia landlord should follow.
1. Double-Check the Lease Terms Before Filing
Before initiating an unlawful detainer filing, make sure your lease agreement clearly outlines violations and responsibilities. Courts in Virginia rely heavily on the clarity of lease terms when deciding eviction cases. Using platforms like LeaseRunner to create legally sound leases can reduce ambiguity and prevent future disputes.
2. Serve Notice with Strict Adherence to State Rules
One of the most common reasons for court rejection is improper notice delivery. Virginia law requires landlords to give tenants a written 5-day notice to pay or quit for nonpayment cases, or a 30-day notice for lease breaches. Ensure your tenant notice compliance meets the timeline and method requirements—certified mail or hand delivery is best.
3. File the Correct Documents Without Error
In Virginia, even a minor mistake in your eviction paperwork accuracy can lead to a case dismissal. Be sure all forms—including the Summons for Unlawful Detainer—are completed correctly and submitted to the appropriate General District Court. Double-check all tenant names, dates, and property details.
4. Prepare for the Hearing with Documentation
Landlords should arrive at the hearing fully prepared. Bring copies of the rental agreement, notices served, payment history, and any communications related to the violation. This evidence strengthens your claim and supports your rights under Virginia landlord law. The judge will expect a clear timeline of events.
5. Avoid Informal Agreements After Filing
After you’ve started the legal process, avoid making verbal agreements or side deals with the tenant. Any payment arrangements or move-out promises should be documented in writing. If you accept partial rent after filing, it could unintentionally reset the eviction timeline under Virginia eviction law.
By following these steps, landlords can streamline the eviction process in Virginia and reduce the risk of delays that prolong tenant disputes or result in dismissed cases.
Conclusion
Understanding the eviction process in Virginia is key to protecting your rights as a landlord and ensuring a smooth, legal resolution when tenant issues arise. By following the correct procedures and staying informed, you can avoid costly delays and legal missteps.
Whether you’re new to property management or a seasoned landlord, taking the right steps makes all the difference. For more guidance and tools to simplify the process, turn to trusted platforms like LeaseRunner to support every stage of your rental journey.
FAQs
1. What is the 5-day Pay or Quit notice in Virginia?
In Virginia, if a tenant fails to pay rent on time, the landlord must first issue a 5-Day Pay or Quit Notice before starting the eviction process. This legal notice gives the tenant five days to either pay the overdue rent in full or vacate the property.
If the tenant does neither, the landlord can then file an Unlawful Detainer with the court. It's important that the notice includes the exact rent amount owed and is delivered properly (in person or via certified mail) to be legally valid.
2. How long does it take to evict a tenant in Virginia?
The full eviction process in Virginia typically takes between 30 to 60 days, depending on the circumstances. The timeline includes the notice period (5 or 30 days), court scheduling, and the issuance of a Writ of Possession if the landlord wins. After the judgment, the sheriff must give the tenant 72 hours before a physical lockout. Delays can occur due to court backlogs, incorrect paperwork, or tenant responses requesting continuances.
3. What does a 30-day eviction notice mean in Virginia?
A 30-Day Notice is typically used when a tenant violates terms of the lease (other than nonpayment). The notice informs the tenant that they have 21 days to correct the violation. If the issue isn’t resolved, they must move out within 30 days of the notice being served. This type of notice is required for lease breaches like unauthorized occupants or pets. If the tenant remains after 30 days, the landlord may proceed with the court eviction process.
