EVERY DEADLINE
43 periods Virginia law measures, gathered out of the file and put in order, shortest first. Each one says what starts it, whose period it is, and what the law attaches to it. The shortest here is 24 hours. The longest is 7 years.
Every period on this page is stated by a section of the file and carries that section's own authority. None of it is a calculation: a period that turns on facts, on service, or on a court's discretion is described the way the section describes it and no further.
43 deadlines
Traffic stops2
24 hours
Reporting a crash when the owner cannot be found
- From
- The crash
- Whose
- The driver
If the owner of the damaged vehicle or property cannot be found, the driver leaves a note with identification and contact information in a conspicuous place, and reports the crash in writing to the police within 24 hours.
24 hours
The officer's crash report to the DMV
- From
- Finishing the investigation
- Whose
- The investigating officer
An officer who investigates a crash with an injury, a death, or apparent property damage of $3,000 or more forwards a written report to the Department of Motor Vehicles within twenty four hours.
Being stopped2
3 business days
Filing the warrant, inventory and affidavit
- From
- The search
- Whose
- The officer
The officer files the warrant, the sworn inventory of what was seized and the affidavit with the circuit court clerk within three days after the search, not counting weekends and holidays.
15 days
Executing a search warrant
- From
- The warrant's issue
- Whose
- The officers
A warrant not executed within 15 days is returned and voided.
Court and money37
72 hours
Notice before routine maintenance
- From
- The landlord's notice
- Whose
- The landlord
For routine maintenance the tenant did not ask for, the landlord gives at least 72 hours' notice, the work is done within 14 days, and the notice states the last possible date.
72 hours
The move out inspection
- From
- The tenant giving up possession
- Whose
- The landlord
A tenant who asks in writing to be present is told the date and time, and the inspection is made within 72 hours of the tenant giving up possession.
5 days
Notice of the right to attend the move out inspection
- From
- The landlord learning the tenant intends to leave
- Whose
- The landlord
When asking the tenant to leave, or within five days after learning the tenant intends to, the landlord gives written notice of the tenant's right to be present at the move out inspection.
5 days
Paying rent into court in a repair case
- From
- Each rent due date
- Whose
- The tenant
A tenant asserting the landlord's failure to repair shows that the landlord was given written notice and did not fix it in a reasonable time, and pays the rent into court within five days of each due date.
5 business days
The answer to a public records request
- From
- The public body receiving the request
- Whose
- The public body
The public body provides the records within five working days, or answers in writing that they are withheld, citing the specific Code section for each category, that they cannot be found, or that more time is needed.
5 calendar days
The first hearing after an unlawful lockout
- From
- Filing the tenant's petition
- Whose
- The court
The first hearing is held within five calendar days of filing, and the court may issue a preliminary order ex parte for good cause; a full hearing follows within 10 days.
At least 7 days before
Ending a week to week tenancy
- From
- The next rent due date
- Whose
- The landlord or the tenant
A week to week tenancy is ended by written notice at least seven days before the next rent due date.
7 business days
More time to answer a records request
- From
- The end of the first five working days
- Whose
- The public body
A public body that answers in writing that more time is needed gets seven more work days to respond.
7 days
The hearing on a petition over denied records
- From
- Filing the petition
- Whose
- The court
A person denied records can petition for mandamus or an injunction, heard within seven days, and one who substantially prevails recovers reasonable costs and attorney fees unless special circumstances make that unjust.
At least 10 days before
Serving the eviction summons
- From
- The return day
- Whose
- The landlord
The summons for unlawful detainer is served at least 10 days before the return day.
14 days
The notice to pay rent or have the agreement end
- From
- Service of the written notice
- Whose
- The tenant
For rent unpaid when due, the written notice states that the agreement ends if the rent is not paid within 14 days.
21 days
Fixing a lease breach that can be fixed
- From
- Service of the landlord's written notice
- Whose
- The tenant
For a breach the tenant can fix, the written notice says the agreement ends on a date not less than 30 days away if the breach is not fixed in 21 days.
21 days
The first hearing on an eviction
- From
- Filing the unlawful detainer
- Whose
- The court
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.
21 days
The landlord's time to fix a breach after the tenant's notice
- From
- The tenant's written notice
- Whose
- The landlord
A tenant may give written notice that the agreement will end on a date not less than 30 days away if a breach materially affecting health and safety is not fixed in 21 days, and may recover damages and reasonable attorney fees.
28 days
Ending a lease after family abuse, assault, stalking or trafficking
- From
- Serving written notice
- Whose
- The tenant
The notice is effective 28 days later, with a copy of the order, conviction, warrant, summons or indictment; rent is owed through that date, and the landlord may not charge liquidated damages.
At least 30 days
A service member's lease termination
- From
- The next rent due date after the notice
- Whose
- The service member
A service member may end a lease on qualifying orders by written notice effective not less than 30 days after the next rent is due, with a copy of the orders.
30 calendar days
Appealing an unemployment determination
- From
- The determination being mailed or delivered electronically
- Whose
- The claimant or the employer
A deputy's determination is final unless the claimant or employer appeals within 30 calendar days after it was mailed or delivered electronically.
At least 30 days before
Ending a month to month tenancy
- From
- The next rent due date
- Whose
- The landlord or the tenant
A month to month tenancy is ended by written notice at least 30 days before the next rent due date, unless the agreement says otherwise.
At least 30 days
Notice ending an agreement for a breach that cannot be fixed
- From
- Service of the landlord's written notice
- Whose
- The landlord
For a breach the tenant cannot fix, the written notice says the agreement ends on a date not less than 30 days away.
30 days
The hearing on a dangerous dog summons
- From
- The summons
- Whose
- The court
The hearing is held within 30 days of the summons unless the court finds good cause, and the Commonwealth has to prove its case beyond a reasonable doubt.
30 days
When a repair delay is presumed unreasonable
- From
- The landlord's written notice
- Whose
- The landlord
A delay of more than 30 days after the landlord's notice is presumed unreasonable.
30 days
Written notice of a work accident
- From
- The accident
- Whose
- The employee
No compensation or medical benefit is payable unless written notice is given within thirty days after the accident, unless the Commission accepts a reasonable excuse and finds the employer was not prejudiced.
45 days
The landlord's itemized deposit notice
- From
- The tenancy ending or the tenant moving out, whichever is later
- Whose
- The landlord
The landlord itemizes the deposit and every deduction in a written notice, with any amount due to the tenant; where repairs by an outside contractor will cost more than the deposit, a written notice within the 45 days gives 15 more days to itemize them.
90 days
Suing after a notice of the right to sue
- From
- Receiving the notice of the right to sue
- Whose
- The person aggrieved
A civil action is filed within 90 days of receiving the notice of the right to sue.
6 months
Separation with an agreement and no minor children
- From
- The spouses beginning to live separate and apart
- Whose
- The spouses
Where the spouses have a separation agreement and no minor children, the separation ground takes six months.
180 days
When the Office issues a notice of the right to sue
- From
- Filing the complaint
- Whose
- The Office of Civil Rights
On request, the Office issues a notice of the right to sue once 180 days have passed, or sooner where it cannot finish in 180 days.
1 year
Divorce for cruelty or desertion
- From
- The act
- Whose
- The innocent party
For cruelty, reasonable apprehension of bodily hurt, or willful desertion, the divorce is available to the innocent party one year from the act.
1 year
Separation for a no fault divorce
- From
- The spouses beginning to live separate and apart
- Whose
- The spouses
A divorce on the separation ground follows one year of living separate and apart without cohabitation or interruption.
18 months
The lemon law rights period
- From
- The new vehicle's original delivery
- Whose
- The consumer
Within this period a reasonable number of attempts is presumed when the same problem was repaired three or more times and still exists, a serious safety defect was repaired one or more times, or the vehicle was out of service 30 calendar days in total.
2 years
A complaint to the Office of Civil Rights
- From
- The discriminatory practice
- Whose
- The person aggrieved
A complaint is filed with the Office of Civil Rights of the Department of Law within two years of the discriminatory practice.
2 years
Filing a workers' compensation claim
- From
- The accident
- Whose
- The employee
The right to compensation is forever barred unless a claim is filed with the Commission within two years after the accident.
2 years
How long a protective order lasts
- From
- The order
- Whose
- The court
An order runs for a specified period up to two years, or up to four years if the respondent was subject to an earlier order within 10 years.
2 years
Suing for personal injury or fraud
- From
- The cause of action accruing
- Whose
- The person injured
Every action for personal injuries, whatever the theory of recovery, and for damages from fraud, is brought within two years after it accrues.
3 years
Suing on an unwritten or unsigned contract
- From
- The cause of action accruing
- Whose
- The party suing
An action on an unwritten contract, or a written one not signed by the party to be charged, is brought within three years.
3 years
Suing to collect a medical debt
- From
- The due date of the final invoice
- Whose
- The health care provider
An action to collect medical debt owed to a health care provider is barred if not started within three years from the final invoice's due date, unless a payment plan allows longer.
5 years
Suing for injury to property
- From
- The cause of action accruing
- Whose
- The owner
An action for injury to property is brought within five years.
5 years
Suing on a signed written contract
- From
- The cause of action accruing
- Whose
- The party suing
An action on a written contract signed by the party to be charged is brought within five years.
Charges and penalties1
7 years
Automatic sealing of some misdemeanors
- From
- The last conviction reportable to the central criminal records exchange
- Whose
- The courts, without a petition
A conviction for misdemeanor petit larceny or shoplifting, trespass after being forbidden, disorderly conduct and a few others the section names, with an offense date on or after January 1, 1986, is sealed automatically once seven years pass without another reportable conviction, traffic infractions aside.
How you carry yourself1
6 months
Notice of a negligence claim against a county, city or town
- From
- The cause of action accruing
- Whose
- The person injured
A written statement of the nature of the claim, including the time and place of the injury, is filed within six months with the locality's attorney, chief executive or mayor, or the claim is barred.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Virginia attorney.