How to evict a tenant in Virginia: steps and timeline

What notice does Virginia require before you file?

Section 55.1-1245 of the Code of Virginia sets the notices. For unpaid rent, subsection F says the tenant must fail to pay within 14 days after written notice is served that says the rent is unpaid and that you intend to end the rental agreement if it is not paid within the 14-day period. A rent check that bounces, or an electronic transfer rejected for insufficient funds, follows the same 14 days, and the notice can require payment by cash, cashier's check, certified check or a completed electronic transfer. Many older guides still say five days. The section in force today says 14.

For a material breach other than rent that can be fixed, subsection A requires a written notice that names the acts and omissions and says the agreement will end on a date not less than 30 days after the tenant receives it if the breach is not remedied in 21 days. If the tenant fixes it before the date in the notice, the agreement does not end (subsection B). For a breach that cannot be fixed, subsection C allows a notice ending the agreement not less than 30 days after receipt. A criminal or willful act that threatens health or safety can end the agreement immediately. A repeat breach of a like kind after the tenant fixed the first one allows a 30-day notice that refers to the earlier breach (subsection E).

Subsection G adds a once-per-lease payment plan offer for some small unpaid balances, effective July 1, 2027, for landlords with more than four units. Read the current text of 55.1-1245 before you rely on a date.

How do you file and how fast is the hearing?

You present a statement under oath describing the premises and the facts that justify removal to a magistrate, or a clerk or judge of the general district court, who issues a summons (Section 8.01-126). For a case under the residential act, the first hearing is to be held as soon as practicable and within 21 days of filing, or by 30 days if the court cannot hear it sooner. The summons must be served at least 10 days before the return day. Section 55.1-1251 lets you claim possession, rent, actual damages and reasonable attorney fees in the same unlawful detainer action.

Can the tenant stop the case by paying?

Often yes. Section 55.1-1250 lets a tenant tender, or present a written commitment from a local government or nonprofit for, all rent due as of the return date plus late charges, attorney fees and court costs, at or before the first return date. The court then continues the case 10 days for payment and dismisses it if it is paid. Full payment of everything owed at least 48 hours before a scheduled eviction cancels it when the only basis was nonpayment.

If you accept a partial payment and still want to proceed, the same section requires a written notice, which can be part of your termination notice, that you accept it with reservation and that it is not a waiver, using the language the statute prints. A landlord with four or fewer units may limit the right of redemption to once per lease period if the tenant is told in writing.

How long until the tenant is out?

After you win, you request a writ of eviction. Under Section 8.01-471 it must be issued within 180 days of the judgment and is returnable within 30 days. The officer must serve a notice of intent to execute, with the date and time, at least 72 hours before execution (Section 8.01-470). The sheriff should execute within 15 calendar days after receiving the writ, and in no event later than 30 days after it is issued. An order of possession stays valid for 180 days. If you sign a new written rental agreement with the tenant after judgment, the writ may not issue.

Which mistakes cost a Virginia landlord time?

Notice goes to the tenant's last known place of residence, which may be the dwelling unit (Section 55.1-1202). Electronic notice is allowed only if the rental agreement provides for it, and a tenant can ask for paper. Keep proof of delivery. Accepting a partial payment without the reservation wording from Section 55.1-1250 can undercut a nonpayment case, so put that wording in the termination notice.

What can a Virginia landlord never do?

Section 55.1-1252 says a landlord may not take possession by willfully interrupting an essential service the rental agreement requires, or by refusing the tenant access to the unit unless a court order for possession says so. That means no shutting off water or heat and no changing locks to force a tenant out.

How DoorKeeping handles it

DoorKeeping keeps each property's lease, rent ledger and the notices you send in one place, which is the paper trail a court asks for. You still serve the notice and file the case yourself. DoorKeeping gives general information, not legal advice. If a case is contested, or the tenant files an answer, talk to a local attorney.

Sources

1. Code of Virginia 55.1-1245 (Noncompliance with rental agreement), read Oct 30, 2026
2. Code of Virginia 55.1-1250, 55.1-1251 and 55.1-1252, read Oct 30, 2026
3. Code of Virginia 8.01-126 (Summons for unlawful detainer), read Oct 30, 2026
4. Code of Virginia 8.01-470 and 8.01-471 (Writs of eviction), read Oct 30, 2026

Questions

How long is the pay or quit notice in Virginia?

Fourteen days after written notice is served, under Code of Virginia 55.1-1245(F) as it reads today.

Can a Virginia tenant pay and stay?

Often. Under 55.1-1250 the tenant can pay all rent, late charges, fees and costs at or before the first return date, or before the eviction with at least 48 hours to spare, and the nonpayment case ends.

How much notice before the sheriff evicts in Virginia?

The officer must serve a notice of intent to execute at least 72 hours before the eviction (Code of Virginia 8.01-470).