How much notice does my landlord have to give me before eviction?

Most Virginia renters receive 5 days’ notice for unpaid rent or 30 days’ notice (with 21 to cure) for lease violations.

Can I stop an eviction by paying what I owe after getting a notice?

If you pay all overdue rent and any fees within the 5-day notice period, your landlord must end the nonpayment eviction.

What happens if I don’t show up to my eviction court hearing?

Missing your court date allows the judge to rule for your landlord by default, making eviction almost certain.

Can my landlord evict me without a court order in Virginia?

No. Only a sheriff, carrying a court order, can lawfully remove a renter. Self-help eviction by a landlord is illegal.

Virginia Eviction Process Timeline: What Renters Need to Know

Evictions & Lease Violations Virginia published: June 21, 2025

Navigating an eviction can feel overwhelming, especially if you’re uncertain about your rights, timelines, and what steps you need to take as a renter. In Virginia, the eviction process is regulated by state law to ensure fairness for both renters and landlords. Understanding each stage—and the time frames involved—will help you protect your interests if you receive an eviction notice.

Understanding Eviction in Virginia

Eviction is a legal process through which a landlord removes a tenant from a rental property. In Virginia, this is governed by the Virginia Residential Landlord and Tenant Act. Only a court order can legally require a renter to leave their home; landlords cannot change locks or remove your belongings without legal process.

Step-by-Step: Virginia Eviction Process Timeline

The following outlines the general steps of eviction in Virginia, from notice to removal, with typical timelines:

1. Landlord Gives Written Notice

Pay or Quit Notice (5-Day Notice): For nonpayment of rent, landlords must give you a formal 5-Day Notice to Pay or Quit. This gives you five days to pay owed rent or move out.
Official form: 5-Day Notice to Pay or Quit (Form DC-421) — typically prepared by the landlord.
Example: You miss June rent and get a notice dated June 7th. You must pay all owed rent or move by June 12th to avoid eviction court.
Cure or Quit Notice (30-Day Notice): For lease violations (like unauthorized pets or damages), a 30-Day Notice to Cure or Quit is used. It gives you 21 days to fix ("cure") the violation, and if not fixed, you have until day 30 to move out.
Official guidance and templates: Virginia General District Courts.
Example: You receive a notice for excessive noise violations. You have 21 days to stop the behavior, or the landlord may move to evict after 30 days total.

2. Summons for Unlawful Detainer is Filed

If you do not comply with the notice, the landlord files an official eviction lawsuit called a "Summons for Unlawful Detainer" in General District Court.
Form: Summons for Unlawful Detainer (Form DC-421) (also used for notice).
The court usually schedules a hearing within 2–3 weeks of filing.

3. Court Hearing

You will receive court papers with a hearing date. It’s vital to attend your hearing, present any defenses, and bring your evidence (such as payment records or repair requests).
The judge decides whether eviction is warranted. If the landlord wins, the court grants an "order of possession” but cannot require you to move immediately.

4. Writ of Eviction and Sheriff’s Notice

After at least 10 days from the judgment, if you have not moved or appealed, the landlord can ask the court for a "Writ of Eviction." The local sheriff will then post or deliver a final notice with a set eviction date.
The full process from court order to eviction can take another 10–21 days.

Key Forms in the Virginia Eviction Process

5-Day Notice to Pay or Quit (DC-421): Used by landlords for rent nonpayment. View DC-421 Form
Summons for Unlawful Detainer (DC-421): Official court complaint to start an eviction case. View DC-421 Form
Writ of Eviction (DC-469): Used to schedule the physical eviction. View DC-469 Form

For more form details and guidance, visit the Virginia General District Court Forms page.

Tip: As soon as you receive a notice or court papers, respond promptly and seek legal help. Attending your court hearing and communicating with your landlord can buy you important time or resolve the matter.

Tribunals Handling Tenancy Disputes

Virginia’s General District Court handles residential landlord-tenant disputes, including evictions. Hearings are required for all court-ordered evictions.

How Long Does the Virginia Eviction Process Take?

Notice Period: 5 to 30 days (depending on cause of eviction)
Time to Court Hearing: 2 to 3 weeks after landlord files suit
Court Decision to Physical Eviction: Minimum 10 days after judgment; total process often 4–8 weeks

The exact timeline can vary based on local court schedules and whether you respond to notices or appear in court.

Action Steps for Virginia Renters Facing Eviction

Read any notice carefully and note deadlines
If possible, pay owed rent or resolve lease violations quickly
Respond to court summons and attend your hearing
Gather documents: include payment records, photos, repair requests, and communications with your landlord
Seek legal assistance promptly if you need advice or representation

Virginia Eviction Process FAQs

How much notice does my landlord have to give me before eviction?
The notice period depends on the reason. For unpaid rent, it is typically 5 days. For most lease violations, you’ll receive a 30-day notice, with 21 days to cure the issue.
Can I stop the eviction if I pay the overdue rent after receiving notice?
Yes, if you pay all owed rent plus fees within the 5-day notice period, the landlord must stop the eviction for nonpayment.
What happens if I miss my court date?
If you do not attend your court hearing, the judge can rule in your landlord’s favor by default, making eviction much more likely and faster.
Can the landlord physically remove me without a court order?
No. Only the sheriff, with a court-issued Writ of Eviction, can lawfully remove you from your rental property.
Is it legal for my landlord to change my locks or remove my belongings?
No, this is called "self-help" eviction and is not allowed under the Virginia Residential Landlord and Tenant Act.

Need Help? Resources for Renters

Virginia Housing – Renter guides, housing counselors, and resources
Virginia Legal Aid Society – Free legal help for eligible renters
Virginia General District Courts – Tenant forms and information
Virginia Residential Landlord and Tenant Act – Full text of tenancy law

Virginia Residential Landlord and Tenant Act: Official Text
Virginia General District Courts: Tribunal and Court Forms
Official Eviction Forms: District Court Forms Directory
Virginia Legal Aid Society: Legal Services