Virginia 21/30 Day Notice to Cure or Vacate

A landlord may give this notice to specify the nature of the lease violation and instruct the tenant to cure the violation in 21 days or vacate within 30 days.

Document Last Modified: 9/29/2016

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When there is a material noncompliance by the tenant with the rental agreement or when a violation of § 55-248.16 materially affects health and safety, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied within 21 days, and that the rental agreement shall terminate as provided in the notice.

If the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate.

The Importance of The Legalities

As a landlord, it is important to follow the exact legal processes when evicting a problem tenant for any reason. This means being able to prove that there has been a lease violation and providing the appropriate amount of notice to inform the tenant of the issue and their options.

Landlords should never intimidate their tenants by changing the locks or removing the tenant’s possessions from the premises. The landlord should use this notice form and seek the advice of experts to ensure they are going through the process correctly.

Landlords can learn more about how to go about evicting a tenant from the expert team at EZ Landlord Forms: https://www.ezlandlordforms.com/articles/educational/4/move-out-and-eviction/

What Is This Notice Used For?

The Virginia 21/30 Day Notice to Cure or Vacate form can be given to any tenant that has violated their lease agreement for reasons other than nonpayment of rent or they have violated the Virginia Residential Landlord Tenant Act.

    These violations can be unique to the agreement made between a specific tenant and landlord. Some of the most common violations include:
  • Having too many pets,
  • Not maintaining the agreed upon health and safety standards,
  • Damaging the property.

This notice gives the tenant the opportunity to cure the violation within a 21 day period. If the violation is not corrected in this period of time then the tenant has 30 days to vacate the property.

Timing Is Everything

It is incredibly important for the landlord to give the tenant the 21 day period to cure the violation and the 30 day period to vacate before taking any further legal action. These time periods have been set out by the law and if the landlord wishes to achieve the desired results then these time periods must be followed.

Information Held Within The Notice

The notice details the personal information of the landlord, the tenant and the address of the property in question. The notice informs the tenant of the infraction as well as what needs to be done to remedy such issue and the time the tenant has to comply. The form also details what will happen in the case when a tenant does not comply by curing the violation or leaving the property.

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