Virginia Notice Requirements to Terminate a Month-to-Month Tenancy

Find out Virginia rules for how much notice you (and your landlord) must give each other to end a month-to-month tenancy.

It is easy for landlords and tenants to end a month-to-month tenancy in Virginia. (The situation is more complicated when it comes to breaking a fixed-term lease.)

Notice Requirements for Virginia Landlords

In most situations your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you 30 days as required by Virginia law and specifying the date on which your tenancy will end. (The rental agreement may provide for a different notice period.)

Your landlord may legally provide less less notice in specific circumstances—for example, if you have not paid rent, if you have violated other terms of your rental agreement (for example, bringing in an unauthorized tenant), or if you have violated basic responsibilities imposed by law (such as by dealing drugs on the rental property).

Notice Requirements for Virginia Tenants

It is equally easy for tenants in Virginia to get out of a month-to-month rental agreement. You must provide one rental period's notice the same amount of notice (30 days) as the landlord (unless the rental agreement provides a different notice period). Be sure to check your rental agreement which may require that your notice to end the tenancy be given on the first of the month or on another specific date.

In some situations, you might be able to move out with less (or no) notice—for example, if your landlord seriously violates the rental agreement or fails to fulfill legal responsibilities affecting your health or safety.

Virginia State Law and Resources on Terminating a Month-to-Month Tenancy

Check Virginia state law (Va. Code Ann. §§ 55.1-1204, 55.1-1253 (2020)) for the exact rules and procedures for how landlords must prepare and serve termination notices and for any special rules regarding how tenants must provide notice. See the Laws and Legal Research section of Nolo for advice on finding and reading statutes and court decisions. Virginia's General Assembly's website can be a good resource for finding Virginia state statutes.

Talk to a Lawyer

Need a lawyer? Start here.

How it Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you