Virginia Eviction Notice Forms (Notice to Quit)

If a tenant is found to have violated the terms of a rental agreement, a landlord may send then a Virginia Eviction Notice. This is an official document that gives the tenant a grace period within which to cure the breach (for curable violations) or move out of the property. It can also be used as evidence in court if the landlord files an eviction lawsuit against the tenant for non-compliance.

In Virginia, eviction laws, which are defined under Title 8.01, Chapter 3, Article 13 of the Code of Virginia, allow a landlord to file an eviction lawsuit with the General District Court – Civil Division if a tenant ignores a proper notice.

How to Evict a Tenant in Virginia

Step 1: Send a Notice

Landlords in the state cannot begin the eviction process unless and until they have provided the violating tenant with one of the following notices:

  • A 14-Day Notice to Quit for Non-Payment
  • A 30-Day Notice to Quit for Non-Compliance
  • A 30-Day Notice to Quit for Lease Termination

It is crucial that the landlord maintain a copy of the eviction notice and evidence of delivery as they might be used during the proceedings.

Step 2: Move to Court

If the violating tenant fails to move out of the property or cure their violation, the landlord may file an Unlawful Detainer Action with the General District Court – Civil Division in the area where the property is located. In most cases, the court will set a trial date within 30 days of filing.

Step 3: Attend the Hearing

When the landlord files a legal action, the court serves the tenant informing them of the case and trial date. The tenant must show up at the trial or risk a default judgment in the landlord’s favor. If the latter happens (or the tenant attends and the judge rules the same way), the court will issue a judgment for possession. This document serves as legal evidence of the eviction.

Step 4: Evict the Tenant

The judgment of possession gives the tenant notice to vacate the premises. That said, if they remain on the property, the landlord may acquire a Writ of Possession, which allows the sheriff to execute the eviction and remove the tenant from the premises.

When Is Rent Due in Virginia?

Rent is considered due in Virginia on the date indicated in the lease agreement signed by the landlord and tenant. When rent is late, a landlord may send a tenant notice giving them 14 days to pay or move.

Related Virginia Court Forms

  • Form DC-421, Summon for Unlawful Detainer – Filed by a landlord in court to initiate an eviction lawsuit. It describes the reason for the eviction and explains the actions the landlord is seeking egg eviction, due rent, or damages.
  • Form DC-469, Request for Writ of Possession – Requested by the landlord after the court finds in their favor, to permit the sheriff to execute the eviction. Once served on the tenant by the sheriff’s office, they have at least 72 hours to move out or be removed from the property.

How to Write a Virginia Notice to Quit

Step 1: Find the original lease agreement along with any documents relevant to this eviction notice such as those referring to the lease violation.

Step 2: Referring to the lease, indicate the tenant’s full name and the lease details such as the property address and signature date.

Step 3: Supply a brief and befitting subject line, identify yourself in the introductory paragraph, and briefly mention the tenant’s violation.

Step 4: Expound on the violation and required course of action by choosing from one of these options:

  • Nonpayment – Give the tenant 14 days to pay rent (mention the total amount and rental period) or move out. Provide the tenant with the necessary payment details in case they decide to cure the violation e.g. authorized agent who may accept payment, minimum amount, and account number.
  • Noncompliance – Describe the violation and refer to the clause from the lease that the tenant has breached. Gove the tenant 30 days to cure the matter or move out.
  • Lease termination – Indicate your position (tenant or landlord) and give an effective termination date of at least 30 days’ notice.

Step 5: Indicate your expectation that the tenant comply with your instructions by a given date and your intent to take legal action if they don’t.

Step 6: (Applies to the deliverer) On the date of delivery, validate the delivery by indicating the recipient, property address, delivery date, and method. Sign your name under this information.

14-Day Notice to Quit (Non-Payment)

The Virginia 14-Day Notice to Quit for Non-Payment informs a tenant that they have defaulted their rent payment and must cure the matter within 14 days or move out. Vacating the premises does not negate the tenant’s due rent obligations.

{Date}

{Tenant’s Name}

{Property Address}

Dear {Mr./Mrs./Ms. Last Name},

Your rent of {total amount} for the property located on {property address} is currently in default, which is in breach of the lease agreement signed {signature date}.

You must pay the full amount to {landlord/authorized agent name} within 14 days of the service of this notice, vacate the premises, or face eviction proceedings.

Sincerely,

{Your Name}

{Your Signature}

21/30-Day Notice to Quit (Non-Compliance)

The Virginia 21/30-Day Notice to Quit for non-compliance is sent to a tenant who has violated the lease in a way other than non-payment of rent. It gives the tenant the first 21 days to cure the violation or vacate the premises when the notice hits the 30-day mark.

{Date}

{Tenant’s Name}

{Property Address}

Dear {Mr./Mrs./Ms. Last Name},

This is to notify you that you have 21 days after the service of this notice to remedy the breach described as {define the violation} of the lease agreement signed {signature date} for the property on {property address} by {prescribe solution}.

If you do not cure the violation by the expiry of this period, you will have to quit possession of said premises to the landlord or legal proceedings will be instituted against you.

Sincerely,

{Your Name}

{Your Signature}

30-Day Notice to Quit (Month-to-Month Tenancy)

The Virginia 30-Day Notice to Quit allows a tenant or landlord to legally terminate a lease agreement by providing a 30-day notice, in compliance with Virginia state laws.

{Date}

{Tenant/Landlord Name}

{Property Address}

Dear {Mr./Mrs./Ms. Last Name},

I, {your name}, am the {landlord/tenant} of the property on {property address}, as indicated in the lease agreement signed {signature date}. Effective {date at least 30 days from the next payment date}, I elect to terminate said lease.

Upon moving out, a deposit of {amount} shall be mailed to {address}. I will also be available for the walk-though inspection on {date}.

Sincerely,

{Your Name}

{Your Signature}

Virginia 14-Day Notice to Quit (Non-Payment)

Virginia 14-Day Notice to Quit (Non-Payment)

Virginia 21/30-Day Notice to Quit (Non-Compliance)

Virginia 21/30-Day Notice to Quit (Non-Compliance)

Virginia 30-Day Notice to Quit (Month-to-Month Tenancy)

Virginia 30-Day Notice to Quit (Month-to-Month Tenancy)

Final Thoughts

You cannot remove a tenant from your property in Virginia if you have not served them with proper notice. Virginia Eviction Notice Forms must explain the reasoning behind the eviction and whether the tenant’s violation is curable or incurable. It should also give the tenant a specified number of days to cure the matter or vacate the premises. Finally, it must be served through proper channels.

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