Virginia Eviction Notice 2026: Landlord Guide to the 5-Day Pay-or-Quit

The 5-Day Pay-or-Quit notice is the gateway to every non-payment eviction in Virginia. Get the math wrong, miscount a holiday, or skip the VRLTA disclosures and you restart the clock. Below: what the notice must contain, how to serve it, and the procedural steps from notice to writ in 2026.

If you operate residential rentals in Virginia, the Virginia Residential Landlord and Tenant Act (VRLTA, Va. Code § 55.1-1200 et seq.) governs almost every meaningful aspect of your tenancies. Most evictions begin with a 5-Day Pay-or-Quit, and most lost eviction cases start with a defective one. Here is the 2026 walkthrough.

What the 5-Day Pay-or-Quit actually is

Under Va. Code § 55.1-1245, when a tenant fails to pay rent, the landlord must serve a written notice giving the tenant five days to either pay the full amount due or vacate the premises. The five days are counted starting the day after service, and the count includes weekends but excludes the date of service itself. Court holidays do not extend the period unless the fifth day itself falls on a weekend or holiday — in which case the period extends to the next business day.

The notice is not a lawsuit. It is a statutory predicate. Without a properly served 5-Day Notice (or, in some narrow lease arrangements, a contractual equivalent), you cannot file an Unlawful Detainer in General District Court. Judges will dismiss the case on the tenant's motion if the notice is defective — and tenant-side Legal Aid offices in Richmond, Norfolk, and Northern Virginia routinely raise notice defects as a defense.

The amount demanded must be accurate. If you over-state by including late fees that the lease does not actually authorize, or by including charges that are not "rent" under the lease's definitions, the notice is defective. If you under-state, you can amend, but the safer path is to compute carefully the first time.

What the notice must contain

A compliant 5-Day Pay-or-Quit includes:

• The tenant's name and the unit address
• The total amount of rent due, broken out by month if more than one month
• A statement that the tenant has five days to pay in full or vacate
• The date of the notice
• The landlord's or agent's name and address for payment
• Method of payment accepted (if the lease restricts it)

The notice should reference the lease and identify the rental period(s) for which rent is owed. Including a payment cutoff time on the fifth day is best practice — without it, a tenant who pays at 11:59 p.m. on day five has tendered timely.

For tenancies covered by federal CARES-style notice rules (rare in 2026 but still applicable to certain federally subsidized properties), longer notice periods may apply. Confirm your funding source before defaulting to five days.

How to serve it — and where landlords go wrong

Virginia allows several methods of service for a notice to terminate or pay-or-quit:

1. Personal service on the tenant
2. Substituted service on a family member of suitable age and discretion residing at the premises
3. Posting and mailing — conspicuous posting at the unit plus mailing by first-class mail to the tenant at the premises

Posting alone is not sufficient — you must also mail. Mailing alone is not sufficient — you must also post or personally serve. The "post-and-mail" combo is the most common method for residential operators and is generally accepted, but only when both steps are completed and documented.

Document the service date, method, and (for posting) a photograph of the posted notice on the door. Keep the certificate of mailing or certified mail receipt. If service is challenged at the unlawful detainer hearing, your evidence packet is what saves the case.

Common service failures: serving on the wrong day (counting day-of as day one), mailing without posting, posting without mailing, using a courier service in lieu of statutory service, or having a third party serve who cannot testify to service if it is contested.

What voids the notice and forces a restart

A 5-Day Pay-or-Quit is rendered void or unenforceable when:

• The amount demanded is materially overstated or includes unauthorized charges
• The notice period is miscounted (five days starting the day after service)
• Service does not satisfy one of the statutory methods
• The landlord accepts a partial payment after service without a written reservation of rights — accepting partial rent generally waives the notice unless the lease and a written agreement preserve the right to proceed
• The notice is served before rent is actually due under the lease (i.e., during the grace period)
• The tenant cures by tendering full payment within the five days — including by the redemption right under § 55.1-1250 (the "right to redeem" in non-payment cases)

The redemption right is a real consideration: a Virginia tenant in a non-payment unlawful detainer can pay the full amount due plus court costs and fees up until the date of the eviction order — and once per twelve-month period before the entry of the judgment as a matter of right. Build this into your collections strategy. Do not assume that filing an unlawful detainer is the end of the negotiation.

Filing the Unlawful Detainer and the typical timeline

If the tenant does not pay or vacate within the five-day window, you file a Summons for Unlawful Detainer in the General District Court of the city or county where the property sits. Filing fees are set by the court and vary by jurisdiction. The court schedules a return date — typically two to three weeks out, though Northern Virginia and Tidewater run longer.

A clean default case runs roughly 5 to 8 weeks from notice to lockout. Contested cases run 8 to 14 weeks. Tenants paying within the redemption window can extend the process even after judgment.

The sheriff — not the landlord, not a private process server — executes the writ of eviction. Self-help is prohibited and exposes you to actual damages, statutory damages, and attorney's fees under VRLTA.

VRLTA disclosures that affect the eviction

VRLTA requires landlords to make several written disclosures, and missing disclosures can become defenses in a contested unlawful detainer. The big ones for 2026:

• Move-in inspection report — within five days of occupancy, landlord must submit a written inspection report
• Mold disclosure — if there is visible evidence of mold in the unit at move-in, it must be disclosed and remediated
• Defective drywall disclosure — for units built between 2004 and 2010 in affected areas
• Lead-based paint disclosure — federal Title X for pre-1978 housing
• Statement of Tenant Rights and Responsibilities — VRLTA requires landlords to provide a statutorily prescribed summary

A tenant facing eviction whose landlord never provided a Statement of Tenant Rights and Responsibilities has a real argument under VRLTA. The defense doesn't always defeat the case, but it can produce continuances and complicate enforcement of late fees.

Keep the disclosure packet attached to the lease in your tenant file. Software that bundles standard VRLTA disclosures into the lease signing flow — the kind of automation Proprietio offers in the lease module — closes the most common compliance gaps before they ever become defenses.

FAQ

How many days does the tenant actually get under a 5-Day Pay-or-Quit? Five full days, starting the day after service. Weekends count. If day five falls on a weekend or court holiday, the period extends to the next business day.

Can I accept partial rent and still proceed with eviction? Only with a written agreement that the partial payment does not waive the notice or the right to proceed. Without that writing, accepting any partial payment generally waives the existing notice and you must re-serve.

Does the tenant have a right to "redeem" after I file? Yes. Virginia gives tenants in non-payment unlawful detainers the right to pay all rent, late fees, attorney's fees, and court costs up to the day of the eviction order — and to do so as a matter of right once per 12-month period before judgment. Plan your collections accordingly.

Do I need an attorney to file an Unlawful Detainer in General District Court? Individual landlords can file pro se in General District Court. LLCs and other entities need an attorney unless the court allows a non-attorney officer to appear in limited circumstances. Confirm local rules.

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This isn't legal advice. Consult an attorney licensed in Virginia for specifics in your county.