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Legal & Compliance 4 min

Virginia's New Itemized-Statement Rule for Nonpayment Notices: What Landlords Must Prove

By Century 21 Accent Homes - Friday, July 10, 2026

Since July 1, 2026, Virginia landlords must give tenants a 14-day pay-or-quit notice instead of five days. A related reform, SB 294, will soon require that notice to itemize every charge and payment, not just a lump-sum balance. Sloppy math, not tenant hardship, is becoming the leading reason unlawful detainer cases get thrown out.

What changed for nonpayment notices on July 1, 2026?

Under HB 15 and SB 48, which amended Va. Code § 55.1-1245(F), the notice period for nonpayment of rent grew from five days to 14 days. A landlord who serves the old five-day language after July 1, 2026 has served a defective notice, period. For anyone tracking VRLTA notice requirements, that is the change already in force today.

The same subsection also covers what happens when a payment fails. If a rent check bounces for insufficient funds, an electronic funds transfer is rejected, or the tenant places a stop-payment in bad faith, the same 14-day window still applies, but the tenant must cure with cash, cashier's check, certified check, or a completed electronic funds transfer. A second personal check does not satisfy it.

What will the itemized-statement requirement add?

A companion law, SB 294, goes further. Once it takes effect on July 1, 2027, a nonpayment notice will not be valid unless it also includes a written statement of charges and payments covering the tenancy or the past 12 months, whichever is shorter, listing rent, late charges, attorney fees, costs, and any other amounts due under the lease, plus what the tenant has actually paid. Properties billing utilities through submetering or a ratio utility billing system must itemize those debits and credits too. That is the substance of the statement-of-charges requirement landlords will need to build into their process well before the deadline.

What the notice must showWhy it matters
Rent owed by payment periodConfirms the balance matches the lease, not a rounded estimate
Late fees and other contracted chargesTies every fee to the rental agreement instead of an after-the-fact addition
Payments received and how they were appliedShows the tenant was credited correctly before the notice was drafted
Utility or submeter debits and credits, where applicableRequired for properties on RUBS or submetering
Lookback covering the tenancy or 12 months, whichever is shorterPrevents notices built on stale, unverifiable balances

Why does a documentation error get an eviction dismissed?

Courts do not need a big technicality to dismiss an unlawful detainer; an inaccurate stated balance is often reason enough. The most common errors are a payment posted to the wrong month, a fee charged that never appears in the lease, or a balance carried forward for years without a paper trail. Any one of them can undercut an otherwise valid nonpayment case, which is exactly why the coming itemization obligation matters even before it is mandatory.

How can landlords build a court-ready ledger now?

  • Apply every payment to the oldest outstanding charge first, in the order the lease specifies
  • Tie every fee on the ledger back to a specific clause in the signed lease
  • Reconcile the balance monthly, not only when a notice is about to go out
  • Keep at least 12 months of transaction history ready to attach to any notice
  • Separate rent, utility, and fee columns so a judge can follow the math in seconds

Century 21 Accent Homes' owner portal generates that kind of ledger automatically, producing clean, court-ready statements every month instead of a scramble to reconstruct one when a notice is due.

Frequently asked questions

Does the 14-day rule apply if a tenant's check bounces? Yes. Under § 55.1-1245(F), the same 14-day window applies whether rent is simply unpaid or a check or electronic transfer failed, including a bad-faith stop-payment. What changes is how the tenant must cure it: cash, cashier's check, certified check, or a completed electronic funds transfer, not another personal check.

Do notices need an itemized statement before July 2027? Not as a matter of law until SB 294 takes effect, but landlords should not wait. Courts already expect an accurate stated balance, and building the habit now avoids a scramble, and mistakes, once itemization becomes mandatory.

What happens if a nonpayment notice understates or overstates the balance? An inaccurate notice can be challenged as defective regardless of whether rent is genuinely owed. Courts have dismissed unlawful detainer actions over notice errors alone, which is why the amount stated should always trace back to a documented ledger, not a quick estimate.

*This article is for general information and is not legal advice. Consult a Virginia attorney about your specific situation.*

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Century 21 Accent Homes

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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