Free Virginia State Eviction Notice Forms

A legal eviction in VA can only be made for a number of legally acceptable reasons. This means that landlords must provide a valid basis along with the correct amount of days’ notice in order to comply with the legal eviction process within the state. 

Not using the correct legal document, in this case, can lead to delays or even legal dismissal of the eviction, so it is important to choose the right type. 

5-Day Notice to Quit (Non-Payment)

If a tenant doesn’t comply with the rental payment schedule, the landlord may present them with a 5-Day Notice to Quit. This obliges them to pay rent or quit within 120 hours. 

If the tenant complies and pays the rent then the notice will be nullified. If they refuse to pay or vacate the property the landlord will be able to pursue the matter further through the courts.

30-Day Notice to Quit (Non-Compliance)

In the case of a lease violation, the landlord may issue a 30-Day Notice to Quit for Non-Compliance. This will often give the tenant 21 days to correct the breach before they will be obliged to leave the property after 30 days have elapsed. 

This kind of eviction notice can also be served unconditionally, thereby not giving the tenant a chance to correct the issue. This might happen if a serious health and safety violation has taken place.

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

30 Day-Notice to Quit forms can be used to evict month-to-month tenants or those who are don’t have a fixed lease without providing any given cause. This allows the landlord to inform the tenant that they must vacate the property within 30 days or face a legal challenge. 

Your Virginia eviction notice must follow the state’s rental property laws, in order to be valid.

There are a number of important requirements that are obligatory when proceeding with the eviction of a rental tenant.

An eviction in Virginia may only happen in the case of:

• Nonpayment of rent: 5 days’ notice 

• Lease violations: 30 days’ notice (with 21 days to correct the issue)

• Termination of a lease: 30 days’ notice

• Criminal activity: Immediate termination

The notice itself must be delivered to the tenant as an official letter or form detailing the key information about the property and tenant. It must also clearly explain the reason the landlord wishes to terminate the lease and how long they have to comply.

The Virginia eviction process must be followed precisely to ensure that the tenant is legally removed from the property. Therefore the landlord must take the correct steps and follow the right procedures, as detailed by VA’s state law. To correctly complete an eviction in Virginia, the landlord must do the following:

• Step 1: The landlord must serve the tenant with a written statement giving a legally valid reason for the eviction and the correct amount of days’ notice for them to comply.

• Step 2: If the tenant does not comply with the eviction notice the landlord can file an Unlawful Detainer complaint with a local court and a summons will be served. 

• Step 3: The tenant and landlord can make their case in court. The presiding judge can then decide whether the eviction can proceed or not.

• Step 4: If the judge finds in the landlord’s favor and the tenant still refuses to vacate, the owner may process a Writ of Possession with the court clerk.

• Step 5: When the Writ of Possession has been processed the landlord may file the document with the county sheriff. The tenant will then have 72 hours after being served to leave before being forcibly evicted.

When you prepare your own Virgini eviction notice, it can be hard to have a clear idea of what the final document will look like. If you need a little extra guidance on how your legal document will appear, simply review our eviction notice sample below.

There are several other legal documents that can be useful for landlords or when managing real estate. If you are currently renting out a home, or plan to do so in the future, use the following documents below to ensure your property is properly looked after: 

• Virginia Rental Application

• Virginia Residential Lease Agreement