Eviction Laws in Virginia
Non-payment of rent eviction in Virginia
When a tenant falls behind on rent in Virginia, the landlord must first serve a 5-day pay-or-quit notice. This gives the tenant 5 days to either pay the full amount owed or vacate. If the tenant does neither, the landlord can file an eviction lawsuit — called an unlawful detainer or summary possession action — in Virginia court.
A court order is required before any lockout. The landlord cannot change the locks, shut off utilities, or remove the tenant's belongings before winning a judgment.
Lease violation eviction in Virginia
For non-payment lease violations — unauthorized pets, excess occupants, noise complaints, property damage — the landlord must give 30 days notice. The tenant has 21 days to cure (fix) the violation. If corrected within that window, the tenancy continues. If not cured, the landlord may proceed with filing.
Terminating month-to-month tenancy in Virginia
To end a month-to-month rental agreement without cause, the landlord must give 30 days written notice. The tenant must give the same 30-day notice to end the tenancy.
Important Virginia eviction details
Virginia VRLTA: 5-day pay-or-quit for non-payment. For lease violations, 30-day notice with 21 days to cure. Month-to-month terminated with 30 days' notice. Virginia Beach and Northern Virginia localities may have additional local ordinances.
What counts as an illegal eviction in Virginia?
In Virginia, a landlord who attempts to evict a tenant without following the legal process commits an illegal (self-help) eviction. This includes:
- Changing the locks without a court order
- Removing doors, windows, or the tenant's belongings
- Shutting off utilities (electricity, water, heat)
- Harassment designed to pressure the tenant to leave
Self-help evictions are prohibited in all 50 states and DC. Tenants who experience an illegal lockout can typically seek emergency relief from a court and may be entitled to damages.