Virginia 5-Day Notice to Quit | Non-Payment

Virginia 5-Day Notice to Quit | Non-Payment

Last updated July 9th, 2022

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The Virginia 5-day notice to quit is an eviction notice served on a tenant to communicate that they have five (5) days to pay unpaid rent or move out. The tenant and landlord must clearly define the date and time rent is due, and sign off on it in the rental agreement. Without a written lease, the tenant should be provided a five-day (5) grace period to pay rent before late fees can be charged or the lease can be terminated for non-payment. Should the instructions of the notice to quit be ignored by the tenant and the period expires, the landlord will be able to file an unlawful detainer suit against the violating party.

Laws § 55.1-1245(F)

Grace Period – If there exists a written rental agreement between the parties, it must state the date and time on which rent is payable (§ 55.1-1204(D)). If no written lease is offered to the tenant, the tenancy shall comply with the terms and conditions set forth in § 55.1-1204(C)(4) which state that rent shall be paid on the first (1st) of the month and is considered late by the fifth (5th).