Virginia Eviction Process: 5-Day Notices & Diversion Programs

Evicting a tenant in Virginia requires strict adherence to the Unlawful Detainer process outlined in the Virginia Residential Landlord and Tenant Act (VRLTA). Self-help evictions (lockouts) are entirely illegal. Recent legislation has expanded tenant protections, heavily emphasizing court-administered diversion programs.

Disclaimer: This guide provides general legal information for educational purposes only and does not constitute legal advice. Virginia eviction law evolves rapidly. Always consult a Virginia attorney. Information last verified: March 2026.

Non-Payment of Rent: 5-Day Pay or Quit

If a tenant fails to pay rent when due, the landlord must serve a written 5-Day Notice to Pay or Quit.

• This notice gives the tenant 5 full days to pay the exact amount of rent owed, plus any contracted late fees.
• If the tenant pays in full within the 5 days, the landlord cannot proceed with an eviction.
• If the tenant does not pay, the landlord may immediately file an Unlawful Detainer lawsuit in the local General District Court.

Important Legal Update (HB 86): Under a recent amendment, landlords can modify the amount demanded in an unlawful detainer case (to include newly accrued rent and late fees) up until the actual court hearing date.

Lease Violations: The "21/30" Notice

For ordinary, remediable breaches of the lease agreement (e.g., unauthorized pets, keeping a messy yard), the VRLTA mandates a specific two-step notice process known affectionately as the "21/30 Notice."

1. The landlord serves a written notice specifying the breach.
2. The notice states that the tenant has 21 days to fix (cure) the violation.
3. The notice further states that if the violation is not cured within 21 days, the lease will terminate in 30 days from the date of the notice.

If the breach is non-remediable (e.g., severe criminal acts, intentionally destroying the property), the landlord is not required to offer a 21-day cure period and can simply issue a flat 30-Day Notice to Quit (or shorter, depending on the severity of the crime).

The State Eviction Diversion Program

Virginia has prioritized reducing its eviction rate. In 2025, the Eviction Diversion Program expands statewide.

Under this program, tenants facing eviction for non-payment of rent who meet certain financial criteria can opt into a court-mandated payment plan.

• The tenant pays a percentage of the arrears upfront.
• The remainder is paid in scheduled installments alongside their ongoing regular rent.
• If the tenant successfully completes the plan, the eviction is dismissed.

Automatic Expungement of Eviction Records

In a significant shift for landlord screening processes, as of 2024, Virginia courts are required to automatically expunge (seal) eviction records for cases that have been dismissed after 30 days. This means landlords using third-party screening tools will no longer see a history of eviction filings if the tenant ultimately won the case or settled it out of court.

Generate Perfect 21/30 Notices

A single date calculation error on a 21/30 Notice will result in a Virginia judge throwing out your Unlawful Detainer case. Landager automatically generates mathematically perfect 5-Day and 21/30 notices, logging certified mail tracking directly into the tenant's ledger so your attorney walks into court fully armed.

Back to Virginia Overview