In Virginia, a landlord who alleges a tenant breached the lease must give a written notice describing the breach and setting a deadline to fix it if the breach is remediable. The notice must state that the rental agreement will terminate on a date not less than 30 days after the tenant receives the notice if the tenant does not remedy a remediable breach within 21 days. If the breach is not remediable, the landlord can give a notice that ends the tenancy with at least 30 days notice, and in some serious, nonremediable situations involving dangerous criminal acts the landlord may seek immediate termination.
If a landlord has already obtained an order of possession, a full payment of all amounts owed made at least 48 hours before a scheduled eviction will typically cancel the eviction where the only basis was nonpayment of rent, but landlords may accept partial payments with written reservation. People commonly respond to notices by checking the notice for required details, deciding whether the breach can be remedied, and preparing for possible court action if the landlord pursues an unlawful detainer case.
Current Virginia law
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The deadline that matters
A remediable breach generally must be fixed within 21 days of receipt of the notice, and the termination date stated in the notice must be at least 30 days after receipt.
What Virginia law says
The law generally requires a landlord who alleges a material breach to serve a written notice that specifies the acts or omissions constituting the breach and that states the rental agreement will terminate on a date not less than 30 days after receipt of the notice, and that a remediable breach must be remedied within 21 days to avoid termination, under Va. Code § 55.1-1245. If the breach is not remediable, the landlord may give a 30-day termination notice, and for certain willful criminal acts that threaten health or safety a landlord may seek immediate termination, with the landlord bearing the burden to prove such violations to obtain possession, under Va. Code § 55.1-1245. When a landlord seeks possession for nonpayment of rent, a full payment of all amounts owed made at least 48 hours before a scheduled eviction will cancel the eviction in many cases, subject to exceptions and reservation language, under Va. Code § 55.1-1250.
What to do
A common first step is to read the written notice carefully to see what breach the landlord alleges and whether the notice says the breach is remediable.
A common option is to remedy the specified breach within the 21-day remedy period if the notice describes a remediable violation.
A common next step is to keep copies of the notice, any payments, repair receipts, messages with the landlord, and photos documenting conditions.
A common step before or after a lawsuit is filed is to attend any court hearing and bring your documentation, because possession usually requires a court order.
A common option if the landlord already has a possession order is to check whether a full payment of amounts owed at least 48 hours before a scheduled eviction will stop the eviction, when applicable.
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Common questions
Do I have to move out immediately after getting a termination notice?
Not usually. The landlord must give a written termination date that is at least 30 days after you receive the notice, and if the breach is remediable you generally have 21 days to fix it and avoid termination.
Can a landlord evict me for nonpayment of rent right away?
A landlord may start an unlawful detainer action for nonpayment, but an eviction typically requires a court order. Also, a full payment of all amounts owed made at least 48 hours before a scheduled eviction will often cancel the eviction when nonpayment is the only basis.
What if the landlord says the breach cannot be fixed?
If the landlord alleges a nonremediable breach, the notice must still provide at least 30 days before termination, except in certain criminal or willful acts that threaten health or safety where immediate action may be alleged and the landlord must later prove the violation to obtain possession.
Does federal or subsidized housing change these rules?
Certain federal housing programs and federally backed mortgages may impose additional notice requirements, and some federal rules limit eviction timing for covered properties, so program status can affect the process.
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This page provides legal information about Virginia law, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
