Virginia eviction notice and late fee rules

Notice for unpaid rent

14 days — If rent is unpaid when due and the tenant does not pay within 14 days after written notice of nonpayment and of the landlord's intent to terminate if rent is not paid in that 14-day period, the landlord may terminate the rental agreement and seek possession. (Version of § 55.1-1245 shown as effective until July 1, 2027.)

Ending a month-to-month tenancy

A week-to-week tenancy may be terminated by written notice at least seven days before the next rent due date; a month-to-month tenancy by written notice at least 30 days before the next rent due date, unless the rental agreement provides a different notice period.

Late-fee limit

A late charge may not exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.

Grace period before a late fee

Where a landlord offers no written rental agreement, the terms that apply by law include: rent is due on the first of each month and is late if not paid by the fifth, after which the landlord may charge a late charge.

What we could not verify for Virginia: No official text recorded for answer_deadline (unlawful detainer return-date timing not quoted); no statewide just-cause statute located. Several sections carry future-dated versions (55.1-1245 and 55.1-1204 change July 1, 2027; 55.1-1258 changes Jan. 1, 2027); facts quote the currently effective versions unless labeled.

Notice for unpaid rent

If rent is unpaid when due and the tenant does not pay within 14 days after written notice of nonpayment and of the landlord's intent to terminate if rent is not paid in that 14-day period, the landlord may terminate the rental agreement and seek possession. (Version of § 55.1-1245 shown as effective until July 1, 2027.)

“If rent is unpaid when due, and the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the 14-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in § 55.1-1251.”
Va. Code § 55.1-1245(F)

A termination notice for nonpayment is not effective unless it contains a written statement of charges and payments over the tenancy or the past 12 months, whichever is shorter, and any late charges, attorney fees, costs, and other charges or damages due under the rental agreement.

“No notice of termination of tenancy for nonpayment of rent shall be effective unless such notice contains a written statement of charges and payments over the course of the tenancy or the past 12 months, whichever is shorter, and any late charges, attorney fees, costs, and other charges or damages as contracted for in the rental agreement that are due and owing.”
Va. Code § 55.1-1202(E)

If payment was not made by the return date, the tenant or a third party may pay all amounts claimed on the summons, including sheriff fees, no less than 48 hours before the scheduled execution of the writ of eviction.

“If such payment has not been made as of the return date for the unlawful detainer, the tenant, or any third party on behalf of the tenant, may pay to the landlord, the landlord's attorney, or the court all amounts claimed on the summons in unlawful detainer, including current rent, damages, late charges, costs of court, any civil recovery, attorney fees, and sheriff fees, including the sheriff fees for service of the writ of eviction if payment is made after issuance of the writ, no less than 48 hours before the date and time scheduled by the officer to whom the writ of eviction has been delivered to be executed.”
Va. Code § 55.1-1250(D)

Recent changes to the law

A version of § 55.1-1258 shown as effective January 1, 2027 (2026, c. 1111) expands protected acts to include complaints to news or media outlets, written complaints or actions under the rental agreement or fair housing laws, tenant-organization activities, and testimony in court or administrative proceedings.

“Except as provided in this section or as otherwise provided by law, a landlord shall not retaliate against a tenant by taking any action set forth in subsection B after such landlord has actual knowledge that the tenant has (i) made a complaint to a governmental agency responsible for the enforcement of a building or housing code of a violation applicable to the premises that materially affects the tenant's health or safety; (ii) made a complaint to any member of a news or media outlet regarding noncompliance with the rental agreement or the provisions of this chapter; (iii) made a written complaint to or filed an action against the landlord for a violation of the rental agreement, any provision of this chapter, the Virginia Fair Housing Law (§ 36-96.1 et seq.), or the federal Fair Housing Act of 1968 (42 U.S.C. § 3601 et seq.); (iv) organized, become a member of, or participated in lawful activities pertaining to a tenants' organization; or (v) testified in a court or administrative proceeding against the landlord.”
Va. Code § 55.1-1258(A) (effective Jan. 1, 2027)

Paying to stop an eviction

In an unlawful detainer case, the tenant or a third party may pay the landlord, the landlord's attorney, or the court all rent due as of the court date plus contracted charges, late charges, reasonable attorney fees, and costs, and the case is then dismissed unless it also states grounds other than nonpayment.

“In cases of unlawful detainer, a tenant, or any third party on behalf of a tenant, may pay the landlord or the landlord's attorney or pay into court all (i) rent due and owing as of the court date as contracted for in the rental agreement, (ii) other charges and fees as contracted for in the rental agreement, (iii) late charges contracted for in the rental agreement and as provided by law, (iv) reasonable attorney fees as contracted for in the rental agreement and as provided by law, and (v) costs of the proceeding as provided by law, at which time the unlawful detainer proceeding shall be dismissed, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord.”
Va. Code § 55.1-1250(C)

At or before the first return date, the tenant may pay or present a redemption tender (a written commitment by a local government or nonprofit to pay within 10 days) covering all rent due as of the return date, including late charges, attorney fees, and court costs.

“The tenant may pay or present to the court a redemption tender for payment of all rent due and owing as of the return date, including late charges, attorney fees, and court costs, at or before the first return date on an action for unlawful detainer.”
Va. Code § 55.1-1250(B)

If a remediable breach is adequately remedied before the date specified in the notice, the rental agreement does not terminate.

“If the breach is remediable by repairs or the payment of damages or otherwise and the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate.”
Va. Code § 55.1-1245(B)

Notice for other lease violations

For material noncompliance with the rental agreement or a § 55.1-1227 violation materially affecting health and safety, the landlord may serve written notice stating the agreement will terminate on a date at least 30 days after receipt if the breach is not remedied in 21 days.

“Except as otherwise provided in this chapter, if there is a material noncompliance by the tenant with the rental agreement or a violation of § 55.1-1227 materially affecting health and safety, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied in 21 days and that the rental agreement shall terminate as provided in the notice.”
Va. Code § 55.1-1245(A)

For a breach that is not remediable, the landlord may serve written notice stating the agreement will terminate on a date at least 30 days after receipt.

“If the tenant commits a breach that is not remediable, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice.”
Va. Code § 55.1-1245(C)

Ending a month-to-month or other periodic tenancy

A week-to-week tenancy may be terminated by written notice at least seven days before the next rent due date; a month-to-month tenancy by written notice at least 30 days before the next rent due date, unless the rental agreement provides a different notice period.

“The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period.”
Va. Code § 55.1-1253(A)

An owner of multifamily premises that does not renew the greater of 20 or more, or 50 percent of, month-to-month tenancies within a consecutive 30-day period must give each such tenant written notice at least 60 days before letting the tenancy expire.

“Notwithstanding the provisions of subsection A, any owner of a multifamily premises that fails to renew the greater of either 20 or more month-to-month tenancies or 50 percent of the month-to-month tenancies within a consecutive 30-day period in the same multifamily premises shall serve written notice on each such tenant at least 60 days prior to allowing such tenancy to expire.”
Va. Code § 55.1-1253(B)

Lockouts and utility shutoffs

On a tenant's petition showing the landlord willfully and without court authority excluded the tenant, interrupted an essential service, or made the premises unsafe, the general district court must enter an order, which may require restored possession or service.

“A general district court shall enter an order pursuant to this section upon petition by a tenant who presents evidence establishing that his landlord has willfully and without authority from the court (i) removed or excluded the tenant from the dwelling unit unlawfully, (ii) interrupted or caused the interruption of an essential service to the tenant, or (iii) taken action to make the premises unsafe for habitation.”
Va. Code § 55.1-1243.1(A)-(B)

At a full hearing establishing a lockout, service interruption, or unsafe-premises action, the tenant recovers actual damages, statutory damages of $5,000 or four months' rent (whichever is greater), and reasonable attorney fees.

“In a full hearing on a petition filed pursuant to this section and upon evidence presented establishing one or more of the factors in subsection A, the tenant shall recover (i) the actual damages sustained by him; (ii) statutory damages of $5,000 or four months' rent, whichever is greater; and (iii) reasonable attorney fees.”
Va. Code § 55.1-1243.1(D)

The initial hearing on the tenant's petition must be held within five calendar days of filing.

“The initial hearing on the tenant's petition shall be held within five calendar days from the date of the filing of the petition.”
Va. Code § 55.1-1243.1(C)

Retaliation

Under the version effective until January 1, 2027, a landlord may not retaliate by raising rent, decreasing services, or bringing or threatening a possession action or terminating under § 55.1-1253 after knowing the tenant complained to a code-enforcement agency, complained or sued under the chapter, joined a tenant organization, or testified against the landlord.

“Except as provided in this section or as otherwise provided by law, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to § 55.1-1253 or 55.1-1410 after he has knowledge that (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety, (ii) the tenant has made a complaint to or filed an action against the landlord for a violation of any provision of this chapter, (iii) the tenant has organized or become a member of a tenant's organization, or (iv) the tenant has testified in a court proceeding against the landlord.”
Va. Code § 55.1-1258(A) (effective until Jan. 1, 2027)

Under the version effective until January 1, 2027, a tenant subjected to retaliation is entitled to the chapter's remedies including actual damages and may raise retaliation as a defense to a possession action; the tenant bears the burden of proving retaliatory intent.

“If the landlord acts in violation of this section, the tenant is entitled to the applicable remedies provided for in this chapter, including recovery of actual damages, and may assert such retaliation as a defense in any action against him for possession. The burden of proving retaliatory intent shall be on the tenant.”
Va. Code § 55.1-1258(B) (effective until Jan. 1, 2027)

What the notice must say and how it is delivered

Notice to the tenant is served at the tenant's last known place of residence, which may be the dwelling unit.

“In the case of the tenant, notice is served at the tenant's last known place of residence, which may be the dwelling unit.”
Va. Code § 55.1-1202(A)-(B)

If the rental agreement provides, notices may be sent electronically, but any tenant who requests may elect paper notices; the sender must keep proof of electronic delivery.

“If the rental agreement so provides, the landlord and tenant may send notices in electronic form; however, any tenant who so requests may elect to send and receive notices in paper form. If electronic delivery is used, the sender shall retain sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.”
Va. Code § 55.1-1202(A)

Late fees and grace periods

A late charge may not exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.

“No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.”
Va. Code § 55.1-1204(E)

A landlord may not charge for late payment of rent unless the charge is provided for in the written rental agreement.

“A landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement.”
Va. Code § 55.1-1204(E)

Where a landlord offers no written rental agreement, the terms that apply by law include: rent is due on the first of each month and is late if not paid by the fifth, after which the landlord may charge a late charge.

“4. Rent payments shall be due on the first day of each month during the tenancy and shall be considered late if not paid by the fifth of the month; 5. If the rent is paid by the tenant after the fifth day of any given month, the landlord shall be entitled to charge a late charge as provided in this chapter;”
Va. Code § 55.1-1204(C)(4)-(5)

If a landlord does not offer a written rental agreement, the tenancy exists by operation of law on terms listed in § 55.1-1204(C).

“If a landlord does not offer a written rental agreement, the tenancy shall exist by operation of law, consisting of the following terms and conditions:”
Va. Code § 55.1-1204(C)

If you have received a notice

1. Write down the date you received it and how it was delivered.
2. Check what it asks for — payment, fixing a problem, or moving out — and the deadline it gives against the Virginia rules above.
3. Keep paying what you can document; ask for receipts.
4. If you receive court papers, note the response deadline on them; a legal-aid office or the court’s self-help center can help.

Check another situation with the eviction notice checker or the late fee checker.

Common questions

How much notice does a landlord in Virginia have to give for unpaid rent?

If rent is unpaid when due and the tenant does not pay within 14 days after written notice of nonpayment and of the landlord's intent to terminate if rent is not paid in that 14-day period, the landlord may terminate the rental agreement and seek possession. (Version of § 55.1-1245 shown as effective until July 1, 2027.) (Va. Code § 55.1-1245(F)).

How much notice is needed to end a month-to-month tenancy in Virginia?

A week-to-week tenancy may be terminated by written notice at least seven days before the next rent due date; a month-to-month tenancy by written notice at least 30 days before the next rent due date, unless the rental agreement provides a different notice period. (Va. Code § 55.1-1253(A)).

Is there a limit on rent late fees in Virginia?

A late charge may not exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant. (Va. Code § 55.1-1204(E)).