Quick Reference: Virginia Eviction Rules at a Glance

A property manager in Richmond serves a nonpayment notice on the first Monday of the month, counts five days, and files an unlawful detainer that Friday. For years that was correct. As of July 1, 2026, it is a defective filing. Virginia's nonpayment notice period is now 14 days, and a case filed before that period runs is vulnerable to dismissal, sending the landlord back to the start with two more weeks of unpaid rent on the ledger.

That change comes from identical bills HB 15 and SB 48, which amended § 55.1-1245 of the Virginia Residential Landlord and Tenant Act (VRLTA) effective July 1, 2026. It arrives alongside a permanent statewide Eviction Diversion Program and a further payment-plan mandate due in 2027. This guide covers the whole framework: the notice rules that start a case, the unlawful detainer process, redemption rights, the writ of eviction, and how diversion works.

The New 14-Day Nonpayment Notice

Under § 55.1-1245(F), if rent is unpaid when due and the tenant fails to pay within 14 days after written notice of the nonpayment and of the landlord's intention to terminate, the landlord may terminate and proceed to obtain possession. Before July 1, 2026, that period was five days.

Three points matter operationally.

• First, the same 14-day written notice applies where rent goes unpaid because a check was drawn on an account with insufficient funds, an electronic funds transfer was rejected for insufficient funds, or a stop-payment order was placed in bad faith. In those cases the tenant must pay within the 14 days by cash, cashier's check, certified check, or completed electronic funds transfer.

• Second, the clock runs from service of the notice, not from the date rent was due. Virginia has no statutory grace period, so rent is late the day after it is due unless the lease says otherwise, but the 14 days do not begin until the notice is properly served.

• Third, and most urgently, every notice template referencing five days is now obsolete. A form that still gives five days creates a procedural defect that can sink an unlawful detainer action. Our VRLTA compliance guide covers the wider set of 2025 and 2026 changes, and our late rent notice guide covers structuring the notice itself.

Content matters too. Under § 55.1-1202, a nonpayment termination notice is not effective unless it includes a written statement of charges and payments over the tenancy or the past 12 months, whichever is shorter, plus any late charges, attorney fees, costs, and other charges owed. A notice served on a tenant receiving tenant-based rental assistance, such as a Housing Choice Voucher, must also display the statewide legal aid telephone number and website address on its first page. That makes an accurate ledger a legal prerequisite, which is why automated rent collection pays for itself the first time a case is contested. Landlords may serve notices themselves or use the sheriff, who may serve certain notices for a fee under § 55.1-1247. Either way, document how and when service occurred.

Other Grounds and Their Notice Periods

Nonpayment is the most common ground, but each ground carries its own clock under § 55.1-1245.

For a remediable material noncompliance with the lease, or a violation of the tenant's obligations under § 55.1-1227 materially affecting health and safety, the landlord serves a notice specifying the breach and stating that the agreement terminates not less than 30 days after receipt if the breach is not remedied within 21 days. This is the 21/30 notice, and a tenant who remedies in time keeps the tenancy.

For a non-remediable breach, the notice states that the agreement terminates in not less than 30 days, with no cure opportunity. The same 30-day footing applies to a repeat breach, where the tenant previously remedied a like violation and then intentionally commits a similar one.

For a criminal or willful act that is not remediable and poses a threat to health or safety, including illegal drug activity involving a controlled substance, the landlord may terminate immediately. No conviction is required, but the landlord must prove the violation by a preponderance of the evidence, and where the conduct is by an authorized occupant, guest, or invitee, the tenant is presumed to know of it unless rebutted. The court process is expedited too: the initial hearing must be held within 15 calendar days of service, and any contested trial no later than 30 calendar days from service.

One protection applies across grounds. Under § 55.1-1245(D), a lease may not terminate solely because of family abuse against the tenant, provided the tenant supplies the protective order or the perpetrator has been barred. Our lease termination letter guide covers wording and timing these notices.

The Unlawful Detainer Process in General District Court

When the notice period expires and the tenant has neither paid nor vacated, the agreement terminates and the remedy is an unlawful detainer action. Under § 55.1-1251, that gives the landlord a claim for possession and rent, plus a separate claim for actual damages, reasonable attorney fees, and the cost of serving notice or process.

The case is filed as a summons for unlawful detainer under § 8.01-126 in the general district court where the property is located. The court sets a first return date, typically within a few weeks of filing, though this varies by court and by how quickly service is completed.

That first return date functions as a docket call, not a full trial. If the tenant does not appear, the landlord may obtain a default judgment for possession. If the tenant contests, the court usually sets trial for a later date; if the tenant appears and does not contest, judgment can be entered that day.

Tenants have real defenses: a defective or improperly served notice, filing before the notice period expired, the landlord's own noncompliance as a defense to possession for nonpayment under § 55.1-1241, the tenant's assertion and rent escrow procedure under § 55.1-1244, and retaliation under § 55.1-1258. Because Virginia courts apply notice requirements strictly, a notice defect is among the most common reasons a case is dismissed and refiled.

After judgment, either party has 10 days to note an appeal to circuit court, which generally requires an appeal bond and writ taxes. Do not request the writ until that window has run.

Redemption: How a Tenant Can Stop the Eviction

Virginia gives tenants two distinct opportunities to pay and stay, both in § 55.1-1250.

• The first is the redemption tender at the first return date. A tenant may pay, or present to the court a redemption tender for, all rent due as of that date, including late charges, attorney fees, and court costs. A redemption tender is specifically a written commitment from a local government or nonprofit entity to pay those amounts within 10 days of the return date. If one is presented, the court continues the case for 10 days and dismisses on payment. If full payment does not arrive within those 10 days, the court grants judgment for all amounts due and immediate possession, without further evidence.

• The second is the 48-hour rule. If payment was not made as of the return date, the tenant or any third party acting for the tenant may pay the landlord, the landlord's attorney, or the court all amounts claimed on the summons, including current rent, damages, late charges, court costs, any civil recovery, attorney fees, and sheriff fees (including the writ service fee, if paid after the writ issued). Payment must come no less than 48 hours before the date and time scheduled for the eviction, and the landlord or managing agent must then promptly notify the officer holding the writ that execution is canceled.

Two consequences follow. A landlord accepting partial rent must observe the acceptance-with-reservation rules in the same section, which require specific statutory notice language and a copy provided to the court with the summons. And because of the 48-hour right, a scheduled eviction is never certain until it happens, so confirm payment before mobilizing crews.

The Writ of Eviction

Winning a judgment does not by itself return the unit. The order authorizing physical removal is the writ of eviction, requested from the clerk on Form DC-469 after the appeal period runs.

Two deadlines govern it, both in § 8.01-471. The writ must be issued within 180 days of the judgment for possession and is returnable within 30 days of issuance. A writ not executed within 30 days is vacated as a matter of law, with no further court order, though a plaintiff who cancels a writ may request others during the 180-day period.

Execution is governed by § 8.01-470. The officer must, at least 72 hours before execution, serve notice of intent to execute, including the date and time and the tenant's personal property rights under §§ 55.1-1255 and 55.1-1416, with a copy of the writ, in person or by posting at the main entrance. The sheriff generally executes within 15 calendar days of receiving the writ where practicable, but the writ itself expires if it is not executed within 30 days of issuance. Only the sheriff or another authorized officer may carry out the removal, and abandoned property is handled under § 55.1-1254.

Eviction Diversion Programs

Virginia's Eviction Diversion Program began in 2019 as a pilot in Danville, Hampton, Petersburg, and Richmond. In 2025 the General Assembly made it permanent, and under § 55.1-1260 it may now be implemented by any general district court in the Commonwealth. Its purpose is to reduce evictions of low-income tenants, particularly where a job loss or medical crisis caused a modest shortfall. Oversight runs through the Executive Secretary of the Supreme Court of Virginia under § 55.1-1261.

Eligibility then changed again. Identical bills HB 837 and SB 273, signed in 2026 and effective July 1, 2026, amended § 55.1-1262 to expand access and reduce the entry barrier. Three changes matter most for landlords. Localities may now establish eligibility requirements by ordinance for tenants participating in the Program in their general district court, so criteria can vary by jurisdiction. A court implementing the Program must attach information about the Program, including eligibility criteria, to any summons for unlawful detainer, meaning tenants will now learn about diversion when they are served rather than at the courthouse door. And the up-front payment a tenant must make at the first docket call was reduced from 25 percent to 10 percent of the amount due on the unlawful detainer as amended that day.

The broad structure survives. A tenant generally must appear at the first docket call and request referral, make the required up-front payment, give sworn testimony about ability to pay and why the rent went unpaid, and satisfy the statute's limits on recent late payments, recent use of redemption, and recent diversion participation. Because the 2026 amendments altered these requirements and localities may layer their own on top, confirm the current criteria in the court where your property sits rather than relying on older summaries.

If the tenant qualifies, the court orders both parties into a payment plan and continues the case. Payments are made to the landlord by cashier's check, certified check, or money order on the plan's schedule, and the tenant must stay current on ongoing rent throughout. Complete the plan and the judge dismisses the unlawful detainer as satisfied.

The landlord's protection is the default mechanism. If the tenant misses a plan payment or falls behind on current rent, the landlord files written notice with the clerk on a form provided by the Executive Secretary, copied to the tenant. The court then enters an order of possession without further hearings, unless the tenant files an affidavit within 10 days stating the rent was in fact paid and not acknowledged. The landlord may still seek a money judgment under § 8.01-128(B), may still file an unlawful detainer for a non-rent violation, and remains free to agree a voluntary plan outside the statute.

The reform was driven by low uptake. Per the Virginia Poverty Law Center, citing Virginia Housing Commission data, only 27 tenants participated across the four pilot programs between July 2020 and June 2024, against roughly 35,000 filings in those jurisdictions in 2024 alone, with the 25 percent entry payment cited as a key barrier. The lower initial payment requirement and the new notice on the summons may make the Program more accessible than the earlier pilot structure. Diversion still rarely derails a well-documented case, and a plan that produces full payment often beats a vacancy and turnover.

Self-Help Is Prohibited

Virginia keeps the courts in control of possession. Under § 55.1-1252, recovery of possession is limited to the court process. A landlord who resorts to lockouts, removing belongings, or interrupting essential services faces the tenant remedies in § 55.1-1243.1, covering exclusion from the unit, interruption of services, and actions making the premises unsafe. Retaliation is separately prohibited under § 55.1-1258. No amount of unpaid rent makes self-help lawful, and the exposure typically dwarfs the arrears.

Upcoming Changes Effective July 1, 2027 (Not Yet in Effect)

The rules below are not yet in force. They are scheduled for July 1, 2027, and should not be applied to a 2026 eviction. Put them on the compliance calendar rather than into current notice templates.

Effective July 1, 2027, § 55.1-1245 gains a payment-plan mandate. A landlord owning more than four rental dwelling units, or more than a 10 percent interest in more than four, must, where the unpaid amount is no more than one month's rent plus contracted late charges, serve a notice stating the exact amount due and offer a payment plan in equal monthly installments over the lesser of six months or the remaining lease term. No additional late fees may be charged while the tenant pays on time, the tenant may prepay without penalty, and the plan need only be offered once per lease term. If the tenant neither pays nor enters the plan within 14 days, the landlord may proceed; if the tenant later defaults, a fresh 14-day notice is required.

Also from July 1, 2027, covered landlords must give at least 90 days' written notice of a rent increase before the end of the current lease term. Separately, and already in force since July 1, 2026, landlords must accept rent and deposit payments by check and money order, provide written receipts, keep at least one fee-free payment option, and may not charge processing fees exceeding actual third-party costs. Because the Code contains several versions of § 55.1-1245 with different effective dates, confirm which governs before drafting a notice.

Common Virginia Eviction Mistakes

1. Using a five-day notice.
The most immediate risk in the Commonwealth right now. Every nonpayment template must say 14 days.

2. Filing before the notice period expires.
Counting the 14 days from the rent due date rather than from service, or filing on day 14 instead of after it.

3. Omitting required notice content.
Leaving out the statement of charges and payments, or the legal aid details for voucher households.

4. Mismatching the ground to the notice.
Using a 14-day nonpayment notice where the 21/30 notice is required, or vice versa.

5. Mishandling partial payments.
Accepting rent without the required reservation-of-rights notice.

6. Missing the writ deadlines.
Letting the 180-day window lapse, or assuming a writ survives beyond 30 days from issuance.

7. Mobilizing a lockout without checking payment.
The 48-hour redemption right can cancel a scheduled eviction late.

8. Attempting self-help.
Never lawful, and the liability far exceeds the arrears.

Why Documentation Decides Virginia Cases

Virginia's process rewards preparation. Before an unlawful detainer reaches a judge, a manager should be able to produce the signed lease and addenda, a rent ledger tying every charge and payment to a specific month, the dated notice with proof of service, and any communications about the breach. The notice-content rules make the ledger effectively an exhibit, and the redemption rules mean the amounts on the summons must be exactly right. Teams that keep all of it in one system can assemble a filing-ready file in minutes. Our guides to property management accounting challenges and the tenant 360 view cover that discipline, and RIOO's contracts and renewals tools keep lease terms and notice dates consistent. For multi-state operators, our Georgia dispossessory and California eviction guides show how sharply timelines differ.

Conclusion

Virginia's eviction process is structured and predictable, but 2026 reset two of its key features. The nonpayment notice is now 14 days rather than five, and the Eviction Diversion Program became easier for tenants to enter. Around those changes sits a familiar sequence: the correct notice for the ground alleged, properly served and fully expired; an unlawful detainer in general district court; a first return date where redemption or diversion may intervene; a judgment; a 10-day appeal window; and a writ that must issue within 180 days and be executed within 30 days of issuance.

Most Virginia cases that fail do not fail on the merits. They fail because a notice said five days instead of 14, because the ledger did not match the summons, or because a writ expired while a file sat on someone's desk. For teams managing units across Richmond, Virginia Beach, Norfolk, Arlington, or anywhere in the Commonwealth, disciplined documentation and correct sequencing keep a lawful process from becoming a costly do-over.

This blog is for informational purposes only and does not constitute legal advice. Virginia law and local court practice change, and individual cases vary. For guidance on a specific matter, consult a licensed Virginia attorney experienced in landlord-tenant law. You can review the governing statutes on the Virginia Law website and the state's landlord and tenant resources, including the current Statement of Tenant Rights and Responsibilities, at Virginia DHCD.

Frequently Asked Questions

Q1. How much notice does a Virginia landlord have to give for unpaid rent?
14 days. Effective July 1, 2026, § 55.1-1245(F) gives the tenant 14 days after written notice is served to pay before the agreement may be terminated, replacing the former five-day notice. Any template still referencing five days should be retired immediately.

Q2. Can a tenant stop a Virginia eviction by paying?
Yes, in two ways under § 55.1-1250. The tenant may pay or present a redemption tender at or before the first return date, triggering a 10-day continuance and dismissal on payment. Later, the tenant or a third party may pay all amounts claimed on the summons up to 48 hours before the scheduled eviction, cancelling execution of the writ.

Q3. How long does a landlord have to get a writ of eviction?
It must be issued within 180 days of the judgment for possession under § 8.01-471 and is returnable within 30 days of issuance. A writ not executed within 30 days is vacated automatically, so a lapsed writ means requesting a new one inside the 180-day window.

Q4. What is Virginia's Eviction Diversion Program?
A court-supervised payment plan under §§ 55.1-1260 through 55.1-1262, made permanent in 2025 and available in any general district court. Effective July 1, 2026, the up-front payment at the first docket call dropped from 25 percent to 10 percent, and localities may set their own eligibility rules. Completing the plan means dismissal; default lets the court enter an order of possession.

Q5. Can a Virginia landlord change the locks or shut off utilities?
No. Under § 55.1-1252 possession may be recovered only through the court process, and § 55.1-1243.1 gives tenants remedies for exclusion, interruption of services, or actions making the premises unsafe.

Q6. What is changing in 2027?
From July 1, 2027, landlords owning more than four rental dwelling units must offer a payment plan when the unpaid amount is no more than one month's rent plus late charges, spread over the lesser of six months or the remaining term. Covered landlords must also give at least 90 days' notice of rent increases.