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Late Rent Notice Requirements in Virginia 2025

Grace period, late fee cap, and pay-or-quit notice rules , Code of Va. § 55.1-1245

5 days Grace period before late fee / notice
5 days Pay-or-quit notice period
10% of rent Late fee cap
$1,317/mo Statewide median gross rent (ACS 2023)
Virginia Quick Rule: 5-day grace period before notice may be served. Late fees capped at 10% of the past-due rent per period.
Authority: Code of Va. § 55.1-1245

Before you can file to evict a Virginia tenant for nonpayment of rent, you must first serve a written pay-or-quit notice under the Virginia Residential Landlord and Tenant Act. The single most important change to know: as of July 1, 2026, the required cure period jumped from five days to 14 days. House Bill 15 amended Va. Code § 55.1-1245, and a notice that still references the old five-day window can sink an unlawful detainer action. This page covers the day count, how the notice must be served, what it must say, and the redemption rights that let a tenant stop the eviction even after you file.

How many days the notice must give

Under Va. Code § 55.1-1245, a landlord cannot terminate the tenancy for unpaid rent until the tenant has been given written notice and a chance to pay. Effective July 1, 2026, that period is 14 days. Before that date, the same statute required only a five-day notice, so any template printed before mid-2026 needs to be revised.

The 14 days run from service of the notice. If the tenant pays the full rent owed within the period, the tenancy continues and you cannot proceed to an unlawful detainer on that nonpayment. Only after the 14 days expire without full payment may you file in general district court for possession.

Note the federal floor: the CARES Act 30-day notice requirement still applies to covered dwellings (properties with a federally backed mortgage or federal housing subsidy). That is a federal overlay on specific properties, not a Virginia rule. For an ordinary market-rate rental, the 14-day state period controls.

How to serve the notice

Service of VRLTA notices is governed by Va. Code § 55.1-1202. You may deliver the pay-or-quit notice by hand delivery to the tenant or by mail to the tenant's address. Virginia permits regular first-class mail for these notices; sending by certified mail is optional but gives you a paper trail if the tenant later disputes receipt.

Posting the notice on the dwelling's main entrance door is a weaker option and should not be your only method for a nonpayment notice. The safest practice is personal delivery, or first-class mail with a contemporaneous record of the mailing date, so you can prove the 14-day clock started when you say it did.

What the notice must contain

The written notice must make clear three things: that the tenant has failed to pay rent, the amount of rent due, and the landlord's intent to terminate the tenancy if the balance is not paid within the statutory 14-day period. State the exact figure and give the tenant a clear way to pay.

Keep the demand limited to rent and lawful late charges as contracted in the lease. Padding the notice with disputed or non-rent amounts invites a challenge that the demand was defective. If the tenant's earlier payment bounced for insufficient funds or was subject to a bad-faith stop payment, you still give 14 days to cure, but the tenant may only cure with cash, cashier's check, certified check, or a completed electronic funds transfer.

The tenant's right of redemption

Even after you file, a Virginia tenant can stop the eviction by paying up. Under Va. Code § 55.1-1250, the tenant may pay all rent due, late charges, reasonable attorney fees, and court costs at or before the first return date, and the unlawful detainer is dismissed. If the tenant presents a written redemption tender at the return date, a commitment from a local government or nonprofit to pay within 10 days, the court continues the case 10 days for that payment.

Even after judgment, the tenant or a third party can pay everything claimed on the summons, including sheriff's fees, up until 48 hours before the scheduled writ-of-eviction execution, and the eviction is stopped. A landlord who owns four or fewer rental dwelling units (or up to a 10 percent interest in four or fewer units) may limit redemption to once per lease period, but only if written notice of that limitation was given to the tenant.

The Pay-or-Quit Notice Process in Virginia

Once rent is late and the 5-day grace period has expired, the landlord must serve a formal 5-day pay-or-quit notice (Va. Code § 55.1-1245) before filing for eviction. This notice must state the total amount owed and give the tenant the option to either pay in full or vacate. If the tenant does neither, the landlord may file an unlawful detainer action in Virginia court.

Fill-In Notice Template, Virginia

NOTICE TO PAY RENT OR QUIT VIRGINIA TO: [Tenant Full Name(s)] PROPERTY ADDRESS: [Street Address, City, VA ZIP] NOTICE IS HEREBY GIVEN that rent is past due for the following period: Rental Period: [Month and Year] Monthly Rent: $[RENT AMOUNT] Balance Due: $[TOTAL OWED] The 5-day grace period under Code of Va. § 55.1-1245 has expired. YOU HAVE 5 DAYS from the date this notice is served to either: (1) Pay the full balance of $[TOTAL OWED] to: [Landlord name and payment address or method] OR (2) Vacate and surrender possession of the premises. FAILURE to comply within 5 days will result in eviction proceedings being filed in Virginia court pursuant to Va. Code § 55.1-1245. Date Served: [Date] Landlord: [Printed Name] Signature: ___________________________ Phone: [Contact Number]

This summary reflects Va. Code § 55.1-1245, § 55.1-1202, and § 55.1-1250, including the House Bill 15 amendment extending the nonpayment notice period to 14 days effective July 1, 2026. Statutes and local court practice change; confirm current requirements with the Code of Virginia or a Virginia attorney before serving notice or filing an unlawful detainer.

Frequently Asked Questions

How many days does a Virginia late rent notice have to give?

As of July 1, 2026, a Virginia pay-or-quit notice for nonpayment must give the tenant 14 days to pay in full. Before that date, Va. Code § 55.1-1245 required only a five-day period, so older templates must be updated.

What law governs the pay-or-quit notice in Virginia?

Va. Code § 55.1-1245, part of the Virginia Residential Landlord and Tenant Act, governs the written nonpayment notice. Service of the notice is governed by Va. Code § 55.1-1202.

How do I serve the late rent notice in Virginia?

Under Va. Code § 55.1-1202 you may serve the notice by hand delivery to the tenant or by mail. Regular first-class mail is allowed; certified mail is optional but gives you proof of the mailing date. Personal delivery or documented mailing is the reliable approach.

Can a Virginia tenant stop the eviction after I file?

Yes. Under Va. Code § 55.1-1250 the tenant can pay all rent, late charges, attorney fees, and court costs at or before the first return date to get the case dismissed, and can pay everything owed up to 48 hours before the scheduled writ execution to stop the eviction.

Can I limit how often a tenant uses the right of redemption?

Only small landlords can. A landlord owning four or fewer rental dwelling units, or up to a 10 percent interest in four or fewer units, may limit redemption to once per lease period, but only if the tenant was given written notice of that limitation.

Does the federal 30-day CARES Act notice apply in Virginia?

Only to covered dwellings, meaning properties with a federally backed mortgage or federal housing subsidy. For those, a 30-day notice is the federal floor. For an ordinary market-rate Virginia rental, the 14-day state period applies.

Related Guides for Virginia Landlords

← Virginia Eviction Risk Overview Virginia Eviction Notice Templates Virginia Security Deposit Limits Virginia Rent Increase Calculator Late Rent Rules, All States

Data sourced from Virginia published statutes (Va. Code § 55.1-1245), U.S. Census Bureau American Community Survey 2023 5-Year Estimates. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.