Eviction is the part of rental ownership nobody wants to think about until they have to, and by then most owners are learning the rules under pressure — which is exactly when mistakes happen.

The mistakes are expensive in a specific way: procedural errors do not just lose you the case, they reset the clock. A defective notice means starting over, with another month of unpaid rent accruing.

Here is how the process actually works in Virginia, with the notice periods stated correctly — because a great deal of what circulates online about this is out of date.

Quick Answer

Virginia eviction follows a fixed sequence: written notice, then an unlawful detainer action filed in general district court, then a hearing, then a judgment for possession, then a writ of eviction executed by the sheriff. For nonpayment of rent, the required notice is 14 days under Va. Code § 55.1-1245(F) — not the five days many older guides still cite. For a remediable lease violation, the notice gives 21 days to cure with termination not less than 30 days out. A landlord may never remove a tenant without a court order.

The Correction Most Owners Need to Hear

If you have been operating on a five-day pay-or-quit notice, stop. Virginia’s statute now requires 14 days for nonpayment of rent.

Subsection F is explicit: if rent is unpaid when due and the tenant fails to pay within 14 days after written notice is served notifying them of the nonpayment and of the landlord’s intention to terminate if rent is not paid within that period, the landlord may terminate and proceed to obtain possession.

The same 14-day period applies where a rent check bounces or an electronic transfer is rejected for insufficient funds, or where a stop-payment order was placed in bad faith — with the added requirement that the notice specify payment by cash, cashier’s check, certified check, or completed electronic transfer.

Serving a five-day notice and filing on day six produces a case that should be dismissed. That is a wasted filing fee and roughly three additional weeks of lost time.

The Notice Requirements, by Situation

The 21/30 structure for remediable violations trips people up. The notice must specify the acts or omissions constituting the breach, state that the agreement terminates on a date not less than 30 days after receipt if the breach is not remedied within 21 days, and state that the agreement will terminate as provided. If the tenant adequately remedies the breach before the specified date, the rental agreement does not terminate.

Repeat Violations

There is a useful provision for owners dealing with a recurring problem. If a tenant was previously served a notice requiring them to remedy a breach, they remedied it, and they then intentionally commit a subsequent breach of a like nature, the landlord may serve a 30-day notice referencing the prior breach — with no further right to cure.

This is why documenting the first violation properly matters. Without a paper trail on breach one, you cannot use this provision on breach two.

Criminal or Willful Acts

Where a breach involves a criminal or willful act that is not remediable and poses a threat to health or safety, the landlord may terminate immediately and proceed to obtain possession. The statute specifically identifies illegal drug activity involving a controlled substance as an immediate non-remediable violation, and notably says the landlord need not wait for a criminal conviction.

Two important details:

• The landlord must prove the violation by a preponderance of the evidence to obtain an order of possession.
• Where the conduct is by an authorized occupant, guest, or invitee, the tenant is presumed to have knowledge of it unless that presumption is rebutted by a preponderance of the evidence.

These cases move faster: the initial hearing is set within 15 calendar days of service, and any subsequent hearing or contested trial no later than 30 calendar days from service, with the court directed to give the matter docket priority.

The Court Process

Once the notice period expires without cure, the matter moves to court. In Virginia this is an unlawful detainer action filed in the general district court for the locality where the property sits — Richmond, Henrico, Chesterfield, Hanover, and so on each have their own court.

The broad sequence:

1. File the unlawful detainer summons under § 8.01-126, paying the filing fee.
2. Service on the tenant. Virginia also authorizes sheriffs to serve certain notices under § 55.1-1247.
3. First return date. The tenant may admit, deny, or fail to appear. Contested matters are typically set for a later trial date.
4. Judgment. If the landlord prevails, the court enters judgment for possession and, where requested, a money judgment.
5. Writ of eviction. Possession is not self-executing. The landlord requests a writ, and the sheriff schedules and carries out the eviction.

Timelines vary meaningfully by locality and docket. Do not plan around a best case.

What a Money Judgment Can Include

Where a lawsuit is pending and the landlord prevails, the statute provides that the court shall award a money judgment for the relief requested, which may include rent due and owing as of the court date, other charges and fees, late charges, reasonable attorney fees, costs of the proceeding, and damages to the dwelling unit — each as contracted for in the rental agreement or as provided by law.

Note the recurring phrase: “as contracted for in the rental agreement.” If your lease does not provide for late fees or attorney fees, you generally cannot recover them. Your lease is doing real work here, and a weak lease costs money at exactly this moment.

One limit worth knowing: attorney fees may be denied if the tenant proves by a preponderance of the evidence that their failure to pay rent or vacate was reasonable.

What a Landlord May Never Do

Self-help eviction is unlawful in Virginia, and the exposure is significant. Do not:

• Change the locks to exclude a tenant
• Shut off electricity, water, gas, or heat
• Remove doors, windows, or the tenant’s belongings
• Threaten or harass a tenant into leaving
• Remove anyone without a writ executed by the sheriff

Virginia provides tenants specific remedies for exclusion from a dwelling unit, interruption of services, or actions taken to make the premises unsafe. Attempting a shortcut converts a rent-collection problem into a lawsuit against you.

Retaliatory conduct is separately prohibited. Do not initiate action because a tenant complained to a code office or asserted a right — that is its own claim.

Two Provisions That Can Stop an Eviction

Right of redemption

Under § 55.1-1250, a tenant may have the right to redeem the tenancy by paying all amounts due, and a landlord’s acceptance of rent may be treated as waiving the termination unless accepted with a written reservation. This is where owners accidentally destroy their own case — taking a partial payment without a proper written reservation of rights can undo the notice you served. If you accept any money after serving notice, get the reservation language right first.

Family abuse protection

Where a tenant is a victim of family abuse that occurred in the dwelling unit or on the premises, and the perpetrator has been barred by the landlord under § 55.1-1246 or by a protective order, the lease shall not terminate solely due to that act of family abuse against the tenant, provided the tenant supplies the protective order or the perpetrator has been barred. Handle these situations with care and counsel.

The Eviction Diversion Program

Virginia has established an Eviction Diversion Program (§§ 55.1-1260 through 55.1-1262) allowing eligible cases to be resolved through a court-ordered payment plan rather than removal. Availability and administration vary, so ask the local general district court what applies in your jurisdiction.

For an owner, diversion is often the better commercial outcome. A paying tenant who catches up is worth more than a vacancy plus a turnover plus an uncollectible judgment.

Coming July 1, 2027: Mandatory Payment Plans

This is worth calendaring now if you own more than four rental units.

An amended version of § 55.1-1245 takes effect July 1, 2027, adding a requirement for landlords who own more than four rental dwelling units, or more than a 10 percent interest in more than four units, individually or through a business entity, in Virginia.

Where rent is unpaid and the amount owed is less than or equal to one month’s rent plus contracted late charges, such a landlord must serve written notice stating the exact amount due and offer a payment plan with these features:

• Equal monthly installments over the lesser of six months or the time remaining on the lease
• The tenant may repay the full balance early without penalty
• No additional late fees during the plan period on that unpaid amount, so long as the tenant pays on time
• The notice must state that failure to pay or enter the plan within 14 days permits termination
• If the tenant defaults on the plan or on new rent, the landlord may proceed after a fresh 14-day notice
• The landlord need only offer a plan once per rental agreement term

If you own five or more units in Virginia, your notice templates and arrears process will need revision before that date.

How to Avoid Getting Here at All

Most evictions are visible months in advance. The controllable factors:

1. Screen properly and consistently. The single highest-leverage step. See our tenant screening guide and screening checklist.
2. Write a lease that actually provides for what you want to recover. Late fees, attorney fees, and costs are recoverable largely because the lease says so.
3. Act on day one, not day thirty. Contact the resident the moment rent is late. Most nonpayment is a solvable cash-flow problem in week one and an eviction by week six.
4. Offer a written payment plan early. Voluntarily, ahead of the 2027 requirement. It preserves the tenancy and your income.
5. Document everything. Every notice, conversation, and payment. Your file is your case.
6. Be careful accepting partial payments. Get the written reservation of rights correct or you may waive your notice.
7. Consider a negotiated move-out. A cooperative surrender is frequently cheaper and faster than a contested unlawful detainer, even with a concession.

Our guides to handling late rent payments and rent collection best practices cover the earlier stages, and we maintain a free tenant eviction checklist.

Frequently Asked Questions

How much notice is required to evict for nonpayment of rent in Virginia?

Fourteen days’ written notice under § 55.1-1245(F). Guides citing a five-day notice are out of date.

How long does an eviction take in Virginia?

It depends on the notice period, court docket, and whether the case is contested. Realistically it runs several weeks to several months from first missed payment to sheriff-executed possession.

Can a landlord change the locks in Virginia?

No. Self-help eviction is unlawful. Only a sheriff executing a writ of eviction may remove a tenant, and tenants have specific statutory remedies for unlawful exclusion or utility interruption.

What is a 21/30 notice?

For a material, remediable lease violation, the notice gives the tenant 21 days to cure, with termination on a date not less than 30 days after receipt if the breach is not remedied.

Can I evict immediately for drug activity?

The statute treats illegal drug activity involving a controlled substance as an immediate non-remediable violation permitting immediate termination, without waiting for a criminal conviction. The landlord must still obtain a court order and prove the violation by a preponderance of the evidence.

Does accepting partial rent stop an eviction?

It can. Accepting rent may waive the termination unless accepted with a proper written reservation of rights. Get the language right before taking any money.

Can I recover attorney fees and late fees?

Generally only as contracted for in the rental agreement or as provided by law. Attorney fees may also be denied if the tenant proves their failure to pay or vacate was reasonable.

What is the Eviction Diversion Program?

A statutory program allowing eligible cases to be resolved through a court-ordered payment plan instead of removal. Availability varies by locality — ask the local general district court.

What changes for landlords in July 2027?

Landlords owning more than four rental units in Virginia will be required, where arrears are no more than one month’s rent plus late charges, to offer a payment plan of up to six months before proceeding to terminate.

Let Us Handle the Process Properly

Eviction is a procedural exercise where small errors are costly. Mission Realty Property Management manages arrears, notices, documentation, and court coordination for owners across Richmond, Henrico, Chesterfield, and Hanover — and works to resolve nonpayment long before it reaches a courtroom.

• Learn about our property management services
• Download our free tenant eviction checklist
• Explore our owner resources
• Request a free rental analysis
• Or contact our team

This article is general information for Richmond-area rental owners and is not legal advice. Statutory notice periods and procedures change, and several provisions of § 55.1-1245 have differing effective dates. Consult a Virginia attorney before serving notice or filing.