Understanding Cure or Quit Notices for Virginia Renters

Cure or Quit Notices are a critical part of the Virginia eviction process. If you’re renting in Virginia, understanding what these notices mean, how you should respond, and what rights you have can protect you from sudden eviction and help resolve lease issues quickly. This guide explains Virginia’s laws, the official process, available forms, and your options as a renter.

What is a Cure or Quit Notice in Virginia?

A ‘Cure or Quit Notice’ is a written warning your landlord must give you before starting most eviction proceedings. In Virginia, this notice lets you know you’ve violated your lease—often for non-payment of rent or another rule violation—and gives you a chance to ‘cure’ (fix) the issue within a set time. If you don’t, the landlord may proceed to terminate your lease (‘quit’) and pursue eviction in court.

When Will You Receive One?

• Nonpayment of Rent: If rent is overdue, your landlord will usually serve a 5-Day Pay or Quit Notice.
• Other Lease Violations: For issues like unauthorized pets or noise, you’ll often get a 30-Day Notice to Cure or Quit.

The time frames and reasons for these notices are set by the Virginia Residential Landlord and Tenant Act.¹

Required Notice Periods and Your Options

• 5-Day Pay or Quit: For unpaid rent, you have five days after receiving written notice to pay in full or face termination of your lease.
• 30-Day Cure or Quit: For most other violations, you get 21 days to fix the problem ("cure"). If you do not, the lease terminates after 30 days from the notice date.

Virginia law requires your landlord to clearly specify the violation and the cure deadline. Always keep a copy of any notice received.

Official Notice Forms Used in Virginia

• 5-Day Notice to Pay or Quit
  • When Used: If you’re behind on rent, this form gives you 5 days to pay all rent owed.
  • Renter Example: You receive a letter saying, “You owe $900 rent. Pay within 5 days or your lease ends.”
  • Download the 5-Day Notice form – DC-421 (Virginia Courts)
• Notice to Cure or Quit (21/30 Day Notice)
  • When Used: For lease breaches other than nonpayment (e.g., pets, guests, noise).
  • Renter Example: Your landlord warns you in writing about an unauthorized pet, giving 21 days to remove it. If not fixed, you must vacate by day 30.
  • Download the Notice to Cure or Quit – DC-427 (Virginia Courts)

It’s important that landlords use and serve these forms properly. Notices may be delivered in person, posted at your door, or mailed, as set out in state law. If a notice is missing key information or not given correctly, it could impact any later eviction case.

Your Next Steps After Receiving a Notice

Getting a notice can be stressful, but there are clear steps you can take to protect yourself:

• Read the notice carefully and check the stated violation and cure deadline.
• Gather documentation (lease, receipts, written communications) to prove you did or can cure the issue.
• If you disagree with the notice, or need more time, contact your landlord in writing.
• Consider reaching out to a local legal aid organization for guidance.
• If you cure the violation (pay rent or resolve the issue), document it right away and inform your landlord.
• If the problem is not resolved by the deadline, you may have to move out—or your landlord may file for eviction with the Virginia General District Court.²

Where Eviction Cases Are Decided

If the issue isn’t resolved, your landlord must file an eviction lawsuit ("unlawful detainer") in the Virginia General District Court, which handles residential tenancy cases in the state.

Relevant Legislation

• The main law covering these notices is the Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1245 covers notices and termination).

1. What happens if I ignore a Cure or Quit Notice?
   If you do not fix the issue (for example, pay overdue rent or resolve a lease violation) before the deadline in the notice, your landlord is allowed to file for eviction with the Virginia General District Court. If you still do not address the issue, you could end up with a legal judgment against you and could be ordered to move out by the court.
2. Can my landlord evict me without any written notice?
   No. Virginia law requires your landlord to provide a valid, written notice before starting the eviction process (except in rare cases of criminal activity). If you haven’t received a written notice, the eviction attempt may not be legal.
3. What if I fix the issue before the deadline?
   If you cure the problem listed in the notice (such as by paying all past-due rent or correcting a lease violation), your landlord generally cannot proceed with eviction on that issue. Always keep proof of payment or written evidence you resolved it.
4. Do I have to move out as soon as I get a notice?
   No, you do not have to immediately leave your rental as soon as you receive a notice. You have the right to the full cure period described under Virginia law. However, if you do not fix the violation by the deadline, further legal steps may result in eviction.
5. Where can I find more information or legal help?
   You can contact the Virginia Department of Housing and Community Development or your local legal aid office. The Virginia Courts and the Virginia Residential Landlord and Tenant Act provide detailed information as well.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development: Landlord-Tenant Resources
• Virginia Legal Aid Directory
• Virginia General District Court – Eviction Information
• Virginia Residential Landlord and Tenant Act (legislation)

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1. Virginia Residential Landlord and Tenant Act
2. Virginia General District Court – Landlord/Tenant Cases

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