As of July 1, 2026, Virginia landlords evicting a tenant for nonpayment of rent must give 14 days' notice to pay or quit, up from the old 5-day notice. From there: the notice period runs, the landlord files an unlawful detainer in General District Court, a hearing follows a few weeks later, and if the landlord wins, the sheriff executes a writ of eviction. Start to finish, a straightforward nonpayment case typically takes six to ten weeks.
What changed on July 1, 2026?
For years, Virginia's Residential Landlord and Tenant Act (VRLTA) gave landlords a short runway on nonpayment cases: a 5-day pay-or-quit notice. Effective July 1, 2026, that changed. Under the amended Va. Code § 55.1-1245(F), the notice period for nonpayment of rent is now 14 days.
This is not a small tweak. If a landlord serves an old 5-day notice after the effective date, the notice is procedurally defective, and a General District Court judge can dismiss the unlawful detainer outright, sending the landlord back to square one with a fresh 14-day notice. Every nonpayment notice template needs to be updated before it goes out the door again.
The same July 1, 2026 legislative session also changed how rent gets paid. Landlords must now:
- Accept rent and security deposit payments by check and money order, not just electronic methods
- Provide a written receipt when rent is paid by cash, check, or money order
- Continue offering at least one payment option with no added processing or convenience fee
These payment rules do not delay an eviction case, but they do create a new way for a case to go sideways if a landlord's own payment practices are out of compliance when a nonpayment dispute lands in front of a judge.
What notice does a Virginia landlord have to give?
The right notice depends entirely on why the landlord wants the tenant out.
- Nonpayment of rent: a 14-day pay-or-quit notice (previously 5 days). The tenant can pay the full amount due within that window and stop the process.
- A curable lease violation, such as an unauthorized pet or a guest overstaying the lease terms: a 30-day notice that gives the tenant 21 days to fix the problem. If the violation isn't cured in those 21 days, the tenancy still ends on day 30.
- A non-curable but non-criminal violation: a straight 30-day notice to vacate, with no opportunity to fix it.
- A criminal act or willful act that threatens health or safety, such as violence against another resident or intentional destruction of the property: the landlord can terminate immediately, with no notice period and no cure opportunity at all. The landlord doesn't have to wait for a criminal conviction; the case is proven in civil court by a preponderance of the evidence.
Getting the notice type and the day count right matters more now than it did before July 2026, because the nonpayment window is longer and courts are actively watching for stale 5-day language.
How does the unlawful detainer process work?
If the notice period expires and the tenant hasn't paid, cured, or moved out, the landlord's next step is filing a Summons for Unlawful Detainer in the General District Court for the county or city where the property sits. This is the actual eviction lawsuit.
Once filed, the court sets a return date and the tenant is served with the summons. The initial court date is often a brief docket call where the case either gets continued to a trial date or is heard that day; either way, tenants typically get several weeks between filing and a real hearing where evidence is presented. At the hearing, the landlord has to show the lease, proof of the notice that was served, and the amounts owed. If the landlord proves the case, the judge enters a judgment for possession.
What is a tenant's right of redemption?
Virginia law gives residential tenants in nonpayment cases a chance to stop the eviction even after a lawsuit is filed, called the right of redemption. A tenant can pay everything owed, including rent, any late fees the lease allows, court costs, sheriff's fees, and reasonable attorney's fees, at multiple points in the process: before the return date, and again up until roughly 48 hours before the sheriff is scheduled to execute the writ of eviction.
This right can generally be used only once in any 12-month period. The one exception: tenants of landlords who own five or more rental units can use it more than once a year. For landlords, this means a case that looks resolved can still be redeemed by a tenant who comes up with the money at the last possible moment, right before the sheriff is due to show up.
How long does an eviction take in Virginia?
Timelines vary by court docket and whether the tenant contests the case, but here's the typical sequence under the current 14-day rule.
| Stage | What happens | Typical time |
|---|---|---|
| Pay-or-quit notice served | Landlord serves the 14-day notice for nonpayment | 14 days |
| Unlawful detainer filed | Landlord files suit in General District Court | Same week |
| Return date / hearing set | Court schedules the initial hearing | 2-4 weeks after filing |
| Judgment for possession | Court rules for the landlord if the case is proven | Day of hearing |
| Writ of eviction requested | Landlord requests the writ from the court | Within 180 days of judgment |
| Sheriff executes writ | Sheriff gives 72 hours' notice, then removes the tenant | 15-30 days after the writ issues |
Add it up and an uncontested nonpayment eviction now runs roughly six to ten weeks from the day the notice goes out to the day the sheriff clears the unit, longer if the tenant contests the case, requests a continuance, or exercises the right of redemption.
What happens after judgment: the writ of eviction
Winning in court doesn't put the property back in a landlord's hands by itself. The landlord has to request a writ of eviction, and that request must be made within 180 days of the judgment or the landlord loses the benefit of that judgment and has to start over.
Once the writ is issued and delivered to the sheriff's office, the sheriff must give the tenant at least 72 hours' written notice before actually executing it, and execution generally happens within a few weeks of the writ being issued. This is the only lawful way to physically remove a tenant and their belongings from a Virginia rental unit.
What can't a landlord do?
Self-help eviction is illegal in Virginia, full stop, and it doesn't matter how justified the landlord feels. A landlord cannot:
- Change the locks or otherwise bar entry without a writ of eviction
- Shut off or cause utilities to be disconnected
- Remove a tenant's belongings from the unit
- Threaten or intimidate a tenant into leaving early
Any of these can expose a landlord to real damages, and a tenant who's locked out can go straight to General District Court to get back in. This is exactly the kind of exposure that drives up legal costs when an eviction turns messy, which is why Century 21 Accent Homes' Eviction Protection Guarantee covers all legal and removal costs for tenants we placed, so owners never have to weigh cutting a corner just to save on attorney fees.
Frequently asked questions
Is the eviction notice in Virginia 5 days or 14 days?
As of July 1, 2026, it's 14 days for nonpayment of rent, not 5. The change is in Va. Code § 55.1-1245(F). Any notice using the old 5-day language after that date risks being thrown out by a General District Court judge.
How long does an eviction take in Virginia from start to finish?
For an uncontested nonpayment case under the new rule, plan on roughly six to ten weeks from the day the 14-day notice is served to the day the sheriff executes the writ. Contested cases, continuances, or a tenant exercising the right of redemption can extend that considerably.
Can a tenant stop an eviction by paying what they owe?
Yes. Virginia's right of redemption lets a tenant pay all rent, allowed late fees, court costs, sheriff's fees, and attorney's fees due, up until roughly 48 hours before the sheriff's scheduled eviction, and this generally can be used once every 12 months.
*This article is general information, not legal advice. Consult a Virginia attorney about your specific situation.*
Family-owned property management company serving Northern Virginia since 1972. NARPM member, NVAR member, and National Association of Realtors® member with over 50 years of experience managing residential rental properties.
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