Virginia Renters: Know Your 30-Day and 7-Day Eviction Notices

Facing an eviction notice in Virginia can be stressful, especially if you're unsure what the notice means or how much time you have. In Virginia, the type of eviction notice your landlord must provide depends on your lease, the reason for eviction, and state law. Understanding the differences between a 30-day and a 7-day notice can help you protect your rights and respond appropriately.

Understanding Virginia Eviction Notices

Not all eviction notices are the same. The notice period your landlord must give depends on why they are asking you to leave. Two of the most common are the 30-day notice and the 7-day notice. Each serves a unique purpose, and the rules are set by Virginia law under the Virginia Residential Landlord and Tenant Act.¹

What is a 30-Day Eviction Notice?

A 30-day eviction notice—officially termed a "Notice of Termination of Tenancy"—is most often used for lease terminations when there’s no written lease or when you’re renting month-to-month. This notice gives you 30 days to move out before the landlord can file an eviction lawsuit.

• Used when the landlord wishes to end a month-to-month or periodic tenancy
• Can also apply when the landlord refuses to renew your lease
• The notice does not allege you broke any lease rule—it simply ends your tenancy
• You must have at least 30 days from the date you receive the notice

Official form:

• Form Name: Notice to Terminate Tenancy (No statutory form number)
• Use: Example: If your landlord sells the property or wants to use it for another purpose, they may deliver this notice if you are renting month-to-month.
• Official guidance: See templates and instructions on the Virginia District Court Forms page.

What is a 7-Day Eviction Notice?

A 7-day notice is usually given when you have violated the lease or failed to pay rent. It provides you with a short window to either fix ("cure") the violation or move out.

• 7-Day Notice to Pay Rent or Quit: Sent when you have not paid rent; you have 5 days to pay, or the eviction process can begin.
• 7-Day Notice to Cure or Quit: Given for a lease violation (other than unpaid rent); you have 7 days to correct the issue or leave.
• If you do not comply, your landlord may file an eviction with the court once the notice expires.

Official forms:

• Form Name: Five-Day Pay or Quit Notice (DC-421)
• Use: Example: If you fall behind on rent, your landlord must serve you this form, after which you have 5 days to pay in full or move out before court action can proceed.
• Form Name: 7-Day Notice to Cure or Quit (no statutory form; written notice required)
• Use: Example: If you have a pet in violation of your lease, your landlord can give you a written notice stating you have 7 days to remove the pet or move out.
• Official source: Review Virginia Judiciary Court Information for requirements.

Key Differences Between 30-Day and 7-Day Notices

• Reason for Notice: 30-day is for ending a tenancy (no violation needed), 7-day is often for non-payment or lease violations.
• Time to Move: 30 days versus as little as 5–7 days.
• Opportunity to Cure: Only the 7-day notice may offer time to fix the problem to avoid eviction.
• Next Steps: After notice expires, the landlord can file for eviction with the Virginia General District Court.

What to Do If You Receive a Notice

Take all eviction notices seriously. Understand your rights and take prompt action:

• Read the notice carefully to determine your timeline and any options to fix the situation
• Keep copies of all documents and communications
• If notice is for rent or a lease breach, act quickly: pay rent, resolve the violation, or seek legal support
• Contact your landlord to clarify misunderstandings

How Eviction Cases Are Handled

After a notice period ends, if the issue isn't resolved, the landlord can file an eviction ("unlawful detainer") case. The Virginia General District Court oversees these cases for residential rentals.²

• You will be served court papers and have an opportunity to appear
• Present documentation and explain your side of the case
• Court forms and filings are explained on the Virginia District Courts web page

Having the right paperwork and understanding the law can improve your chances of a fair hearing.

FAQs: Virginia Eviction Notice Basics

1. Can my landlord evict me without a written notice in Virginia?
   No, Virginia law requires landlords to deliver a written notice before starting the eviction process, except in emergencies.
2. Does a 7-day notice always mean I have to move out?
   Not always. If the notice is for unpaid rent or certain lease violations, you often have the right to fix the issue within 5–7 days. If you do, the landlord cannot proceed with eviction for that cause.
3. What if the notice period is wrong or incomplete?
   If a landlord provides the wrong notice period or an invalid form, you may have legal grounds to contest the eviction in court.
4. Is there an official government tribunal for landlord-tenant disputes in Virginia?
   Yes, the Virginia General District Court handles residential eviction and lease violation disputes.

Conclusion: Key Takeaways for Virginia Renters

• Know which notice you received: 30-day is for lease end, 7-day is usually for non-payment or lease violations
• Pay close attention to deadlines and your right to fix problems under Virginia law
• Seek prompt legal help if you think your rights have been violated or if you need more time

Virginia law provides renters with specific protections and notice requirements. If you are unsure about the process or your rights, reach out to trusted resources for assistance.

Need Help? Resources for Renters

• Virginia Attorney General: Landlord-Tenant Resources – General guidance and consumer protection resources for renters.
• Virginia General District Court – For official eviction proceedings and forms.
• Virginia Legal Aid – Free legal advice and assistance for qualifying renters.
• Virginia Residential Landlord and Tenant Act – The full text of current state landlord-tenant laws.

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1. Virginia Residential Landlord and Tenant Act: Read the Act
2. Virginia General District Court: Court Information & Forms

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