Virginia Eviction Laws

Dependent on the reason for the eviction, the Virginia eviction process has a number of eviction notices with different compliance periods or demands to vacate. Residential landlords have to adhere to the statutes of the Virginia Residential Landlord and Tenant Act and in all eviction cases, a landlord must serve a written Virginia eviction notice.

Tenant Self-Eviction is Unlawful in Virginia

Under no circumstances can a residential landlord forcibly remove a tenant without a court order and after having followed each step of the Virginia eviction process.The following actions are considered illegal in eviction cases: shutting off essential services, denying tenants access to the rental property, seizing a tenant’s personal belongings and threatening the tenant.

Virginia 5-Day Eviction Notice (Nonpayment of Rent)

For cases of nonpayment of rent, the landlord needs to serve a 5-day “Pay or Quit” notice. The notice must advise the tenant that he or she has 5 days to pay the rent due or the rental agreement will be cancelled.

Acceptance of Rent with Reservation: In some cases, the landlord may state in a notice separate from the 5-day notice that he or she will accept full payment of the rent within 5 days but reserves the right to continue with the eviction due to other lease violations.

Right of Redemption: A tenant may continue the lease if he or she pays the full rent owed along with other fees at any time before the eviction hearing if the landlord has not provided a separate written acceptance of the rent with reservation with the 5-Day Notice. A tenant may exercise this right only once in a 12-month period.

30-Day Eviction Notice

For a violation of the rental agreement that endangers the safety and health of others This notice has to specify that the tenant has 21 days to rectify the violation, vacate the premises or the landlord will proceed with the eviction process. Examples of these types of lease violations include excessive noise or operating a business on the premises.

For lease violations that are irremediable

The landlord need only serve a 30-day notice stating that the lease will be terminated in 30 days.

Immediate Notice of Termination

This notice should be served by the landlord in case of criminal acts or those that violate the lease in such as way as to seriously endanger the health and safety of others, An examples of such acts includes threatening other tenants with a firearm.

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