The Eviction Process in Virginia: Rules for Landlords and Property Managers

The first step in evicting a tenant in Virginia is to terminate the tenancy. A landlord can terminate a tenancy by providing the tenant with a written notice informing the tenant of the reason why the tenancy is ending and giving the tenant a deadline by which they must move out.

Notice for Termination With Cause

Landlords who want to evict a tenant before the tenancy expires must have "legal cause"—a good reason. The most common legal causes of eviction are the tenant's failure to pay rent or violation of the lease or rental agreement. However, the landlord can also evict the tenant for committing an illegal act, such as drug use or possession on the premises. For most of these situations, the landlord will first need to give the tenant notice—and possibly the chance to fix the problem—before terminating the tenancy and filing an eviction lawsuit.

• 5-Day Notice to Pay Rent or Quit: If tenants are late paying rent, the landlord can give them a five-day notice to pay rent or quit. This notice will inform the tenants that they have five days to either pay rent or move out of the rental unit. If the tenants don't pay rent within the five-day time frame, then the landlord can go to court and file an eviction lawsuit against the tenant. (Va. Code § 55.1-1245(F) (2025).)
• 30-Day Notice to Cure or Quit: If the tenant violates the lease or rental agreement, and the violation can be remedied (such as by making minor repairs to the rental unit or finding a new home for an unauthorized pet), the landlord must give the tenant a 30-day notice to cure (fix the issue) or quit (move out). This notice must let the tenant know that they have 21 days to either remedy the violation or move out of the rental. If the tenant doesn't remedy the violation or move, the landlord can file an eviction lawsuit against the tenant at the end of the 30 days. (Va. Code § 55.1-1245(A) (2025).)
• 30-Day Unconditional Quit Notice: If the tenant violates the lease or rental agreement and the violation can't be remedied (such as causing major damage to the rental unit), the landlord can give the tenant a 30-day unconditional quit notice. The notice must specify the acts and omissions that constituted the breach and let the tenant know that they must move at the end of the 30-day period. If the tenant doesn't move out, the landlord can file an eviction lawsuit against the tenant. (Va. Code § 55.1-1245(C) (2025).)

Virginia landlords can also serve 30-day unconditional quit notices when tenants have been served with prior written notice of a breach, and then later intentionally commit a similar breach. Such notice must specify the acts and omissions constituting the current breach, reference the prior breach, and state that the tenancy will end in not less than 30 days. (Va. Code § 55.1-1245(E) (2025).)

• No notice necessary: The landlord isn't required to give the tenant any kind of notice if the tenant commits a criminal or willful act that isn't remediable and poses a threat to health or safety. This includes any illegal drug activity. The landlord can go straight to court and file an eviction lawsuit against the tenant. (Va. Code § 55.1-1245(C) (2025).)

Notice for Termination Without Cause

A landlord can't evict a tenant without cause—without a reason, the landlord must wait until the term of the tenancy has expired before expecting the tenant to move. Depending on the type of tenancy, the landlord might still need to provide the tenant with notice.

Ending a Month-to-Month Tenancy Without Cause

To end a month-to-month tenancy in Virginia, the landlord must give the tenant a notice informing the tenant that the tenancy will end at the end of 30 days. If the tenant hasn't moved out by the end of the 30 days, the landlord can file an eviction lawsuit against the tenant. (Va. Code § 55.1-1253(A) (2025).)

Fixed-Term Lease

If the tenant has a fixed-term lease (the most common leases last for a year), the landlord must wait until the end of the term before expecting the tenant to move. The landlord doesn't need to give the tenant notice to move unless the lease specifically requires it.

Tenant Eviction Defenses

Even though a landlord might have a valid legal cause to evict a tenant, the tenant can still decide to fight the eviction. The tenant might have a valid defense against the eviction, such as the landlord discriminating against the tenant or the landlord failing to follow proper eviction procedures. By fighting the eviction, the tenant could delay the eviction and remain in the rental unit for longer.

Removal of the Tenant

The only legal way for a landlord to remove a tenant is by winning an eviction lawsuit. Even then, the landlord isn't authorized to remove the tenant from the rental unit; only a law enforcement officer can do that. It's illegal for a landlord in Virginia to attempt to force a tenant to move out of a rental unit, and the tenant can sue the landlord for an illegal eviction.

If the tenant leaves property on the premises, the manner in which the landlord can dispose of the property depends on the circumstances:

• Tenancy terminated for cause. When giving a termination notice to the tenant (such as a five-day notice to pay rent or quit), the landlord can include in the notice a statement that any property left on the premises by the tenant after they move out will be considered abandoned after 24 hours. The landlord can then dispose of the property at the end of the 24 hours. (Va. Code § 55.1-1254 (2025).)
• Tenant abandoned rental. Many landlords put a provision in their lease or rental agreement that a tenant must let them know when the tenant plans to be gone from the property for more than a certain number of days. In Virginia, if the lease or rental agreement requires the tenant to notify the landlord of an absence from the rental longer than seven days, and the tenant fails to give such notice, the landlord may try to serve the tenant with a written notice to determine definitively whether the property has been abandoned. After seven, the landlord can dispose of tenant's property if the tenant hasn't responded. (Va. Code §§ 55.1-1254, 55.1-1249 (2025).)
• All other situations. If the landlord didn't include an absence notification clause in the lease or give notice after the tenant abandoned the rental, the landlord must give the tenant a written notice stating that the tenant has 10 days to claim the property or the landlord will dispose of it within the 24 hours following the expiration of the ten days. (Va. Code § 55.1-1254 (2025).)

Rationale for the Rules

Landlords must carefully follow all the rules and procedures required by Virginia law when evicting a tenant; otherwise, the eviction might not be valid. Although these rules and procedures might seem burdensome to the landlord, they are there for a reason. Evictions often occur very quickly, and the end result is serious: the tenant has lost a place to live. The rules help ensure the eviction is justified and that the tenant has enough time to find a new home.