How to Evict a Tenant in Virginia (2026)
The legal steps for landlords in Virginia — the notice, the court case, costs, timeline and the mistakes that get cases thrown out — with the statute or official page behind each step.
Short answer: In Virginia a landlord must give the required written notice, file an eviction case in court if the tenant doesn't pay or leave, win a judgment, and have a sheriff or other officer carry out the removal. Changing the locks or removing belongings yourself is not allowed.
Step 1: Have a legal reason and give the right notice
| Unpaid rent | 14-day written pay-or-quit notice. Source: Va. Code 55.1-1245(F) |
|---|---|
| Lease violation | Remediable breach: 21 days to remedy, lease terminates not less than 30 days after notice if not remedied. Non-remediable breach: termination not less than 30 days after notice; immediate termination for non-remediable criminal or willful acts threatening health or safety. Repeat breach of like nature: 30-day termination notice without cure. Source: Va. Code 55.1-1245(A)-(E) |
| Ending a month-to-month tenancy (no fault) | Landlord or tenant: written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period. Source: Va. Code 55.1-1253(A) |
Local rent-control or just-cause rules can limit evictions: No statewide rent control or rent-increase cap, and no Virginia statute authorizes local rent control.
Step 2: Write and deliver the notice correctly
| What the notice must say | Written 14-day notice stating the nonpayment and that the landlord intends to terminate the rental agreement if rent is not paid within 14 days. For a bounced check or rejected electronic payment, the notice may require payment by cash, cashier's check, certified check or completed electronic transfer. To recover statutory attorney fees/costs, a § 55.1-1202 notice may be included in the 14-day notice. Public housing authorities must attach recertification/hardship/grievance information on pink or orange paper. Notices to voucher holders and public housing tenants must list legal aid contact information on the first page. Service: at the tenant's last known residence (may be the unit); electronic notice if the lease provides, unless the tenant elects paper. |
|---|---|
| How it must be delivered | If the rental agreement so provides, landlord and tenant may send notices electronically, but any tenant may elect to send and receive notices on paper; the sender must keep proof of electronic delivery (electronic receipt, fax confirmation, or a certificate of service). Notice to the tenant is served at the tenant's last known place of residence, which may be the dwelling unit. A landlord may delegate written notices to a managing agent by written agreement or use an attorney; electronic signatures are allowed. Termination notices to voucher-assisted tenants must show the statewide legal aid phone number and website on page 1. Source: Va. Code Sec. 55.1-1202 |
Notice forms:
- Virginia notice to pay rent or quit — requirements and free draft
- Virginia notice to end a month-to-month tenancy — requirements and free draft
Step 3: File the eviction case and go to the hearing
Eviction cases in Virginia are heard in: General District Court (unlawful detainer).
- Written termination notice (14-day pay-or-quit for nonpayment; 21/30-day or 30-day notice for breach)
- File unlawful detainer (sworn statement) with the general district court; summons served at least 10 days before the return date
- Initial hearing (return date) as soon as practicable, no more than 21 days after filing (no later than 30 days); tenant may redeem by paying the full balance by the return date
- Judgment for possession
- Writ of eviction requested within 180 days of judgment; writ vacated if not executed within 30 days of issuance
- Sheriff serves notice at least 72 hours before executing the writ; tenant may cancel the eviction by paying the full balance at least 48 hours before the scheduled eviction
Court timing: Initial hearing within 21 days of filing (outer limit 30 days); summons must be served at least 10 days before the return date.
Source: Va. Code 8.01-126; 8.01-470; 8.01-471; 55.1-1250
How long it takes to evict a tenant in Virginia
For unpaid rent, the notice period is 14 days; after that comes the court process (filing, service, the tenant's answer and a hearing), then the final order and removal by an officer. Uncontested cases move fastest; a contested case, an appeal or a crowded court adds weeks. See how long evictions take in every state.
How much it costs to evict a tenant in Virginia
Court filing and service fees are set locally. Verified fees in the largest Virginia counties:
| County | Filing and service fees |
|---|---|
| Fairfax County | $52 filing fee + $12 service fee per party to be served; writ of eviction: no filing fee, $25 sheriff execution fee for the first party + $12 each additional party |
| Arlington County | $52 filing fee + $12 service fee per party to be served; writ of possession: no filing fee, $25 execution fee for the first party + $12 each additional party |
| Virginia Beach | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
| Richmond | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
| Norfolk | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
| Henrico County | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
| Alexandria | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
| Prince William County | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
| Newport News | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
| Chesterfield County | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
| Loudoun County | $52 filing cost + $12 for each person served; writ of possession: $25 for the first defendant + $12 for each additional defendant |
Add the cost of a lawyer if you hire one, lost rent during the case, and any writ or officer fee to remove the tenant.
Evicting someone without a lease (family member, roommate, guest or squatter)
| Someone with no written lease who pays rent (month-to-month / at will) | Landlord or tenant: written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period. Source: Va. Code 55.1-1253(A) |
|---|---|
| Someone who was never a tenant (squatter / unauthorized occupant) | No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in possession, and a summons issues. Self-help removal of tenants is not allowed. Source: Va. Code § 8.01-126(B) |
Mistakes that get eviction cases dismissed — or get landlords sued
| Changing locks / shutting off utilities | Willful unlawful removal/exclusion of a tenant or interruption of an essential service without court authority: tenant may recover actual damages plus statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees; court may order return to the unit and restoration of services. Source: Va. Code 55.1-1243.1 |
|---|---|
| Retaliation | Landlord may not raise rent, decrease services, bring or threaten an action for possession, or terminate the lease in retaliation for a tenant's code complaint to a government agency, complaint to the landlord or lawsuit about a VRLTA violation, organizing/joining a tenants' organization, or testifying against the landlord. Tenant bears the burden of proving retaliatory intent; no statutory presumption period. Source: Va. Code 55.1-1258 |
| Accepting rent after the notice | Accepting FULL payment of rent plus any damages, judgment, attorney fees and court costs bars the landlord from getting an order of possession and evicting for nonpayment (unless the unlawful detainer also states grounds other than nonpayment). A landlord may accept PARTIAL payment and still obtain possession and evict for nonpayment only if it gave the tenant written notice that all amounts would be accepted with reservation and would not waive the right to evict; the notice may be included in the termination notice and must contain statutory language. Tenants also have redemption rights: paying all rent, late charges, fees and costs by the first return date (or presenting a 10-day 'redemption tender' from a local government or nonprofit), or paying all amounts on the summons at least 48 hours before the scheduled writ execution. Source: Va. Code Sec. 55.1-1250 |
Federal rules that can change the process
- Servicemembers Civil Relief Act: eviction protection: A landlord may not evict a covered servicemember or their family during military service without a court order. When the servicemember's ability to pay is materially affected by service, the court must on request stay the case for 90 days or adjust the lease. Knowingly evicting without a court order is a federal misdemeanor. More
- VAWA housing protections: An applicant or tenant cannot be denied, evicted or cut off from assistance because they are or were a victim of domestic violence, dating violence, sexual assault or stalking. The abuse cannot be treated as a serious lease violation by the victim. The landlord may 'bifurcate' (split) the lease to evict the abuser and keep the victim housed. Covered programs must also have an emergency transfer plan. A transfer is available on request if the tenant reasonably fears imminent harm, or if a sexual assault happened on the premises within the prior 90 days. More
- CARES Act 30-day notice to vacate (covered dwellings): The landlord of a covered dwelling may not require the tenant to leave until 30 days after giving a notice to vacate. The 120-day filing moratorium in the same section expired in July 2020, but the 30-day notice subsection has no expiration date in its text. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): Before filing an eviction for nonpayment, the landlord must give written notice at least 30 days in advance. The notice must itemize the rent owed by month, explain how to pay it off and by what date, and explain how to recertify income or request a hardship exemption. The notice cannot be served before the day after rent is due. If the tenant pays the amount owed within the 30 days, the landlord may not file the eviction. More
Virginia eviction FAQ for landlords
How much notice does a landlord have to give to evict for unpaid rent in Virginia?
14-day written pay-or-quit notice.
How much does it cost to evict a tenant in Virginia?
Court fees are set locally — for example, Fairfax County: $52 filing fee + $12 service fee per party to be served; writ of eviction: no filing fee, $25 sheriff execution fee for the first party + $12 each additional party.
Can a landlord change the locks to evict a tenant in Virginia?
Willful unlawful removal/exclusion of a tenant or interruption of an essential service without court authority: tenant may recover actual damages plus statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees; court may order return to the unit and restoration of services.
How do you evict a tenant without a lease in Virginia?
Landlord or tenant: written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period.
← All Virginia landlord-tenant rules · Notice deadline calculator
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.