Being Evicted
Va. Code 55.1-1245 — 14 days to pay, 21 to fix a breach, and a hearing within 21 days of filing
| The ground | The notice |
|---|---|
| The groundRent unpaid when due | The noticeWritten notice that the agreement ends if the rent is not paid within 14 days |
| The groundA breach the tenant can fix | The noticeWritten notice that the agreement ends on a date not less than 30 days away if the breach is not fixed in 21 days |
| The groundA breach the tenant cannot fix | The noticeWritten notice that the agreement ends on a date not less than 30 days away |
| The groundA criminal or willful act that threatens health or safety | The noticeThe landlord may terminate immediately and seek possession |
| The groundEnding a month-to-month tenancy | The noticeWritten notice at least 30 days before the next rent due date, unless the agreement says otherwise |
| The groundEnding a week-to-week tenancy | The noticeWritten notice at least seven days before the next rent due date |
Possession is sought in court by a summons for unlawful detainer. For a residential tenancy, the first hearing is as soon as practicable and not more than 21 days after filing, or if that cannot be done, no later than 30 days after filing, unless the landlord asks for a later date. The summons is served at least 10 days before the return day.
A tenant who stays on without consent after the tenancy ends can be sued for possession and for actual damages, attorney fees and costs, unless the tenant proves staying was reasonable. The lease may set a daily penalty of up to 150 percent of the per diem rent for each day of holding over.
The notice section read here is in force until July 1, 2027. The version that takes its place keeps the 14 days, and has a landlord who owns more than four rental units, when the rent owed is no more than one month's rent plus late charges, give a notice of the exact amount that also offers a payment plan.
Sources for this section (3)
- Va. Code 55.1-1245 — Noncompliance with rental agreement; monetary penalty
- Va. Code 55.1-1253 — Periodic tenancy; holdover remedies
- Va. Code 8.01-126 — Summons for unlawful detainer
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Virginia attorney.