Virginia 5 Day Notice to Pay or Vacate

The Virginia 5 Day Notice to pay or vacate is required before a landlord may initiate eviction proceedings. Serve this 5 days prior to filing for an eviction.

Document Last Modified: 9/29/2016

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If rent is unpaid when due, and the tenant fails to pay within 5 days after written notice is served notifying the tenant of their nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the 5 day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in § 55-248.35.

If a check for rent is delivered to the landlord drawn on an account with insufficient funds and the tenant fails to pay rent within five days after written notice is served on him notifying the tenant of his nonpayment and of the landlord's intention to terminate the rental agreement if the rent is not paid by cash, cashier's check or certified check within the five-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in § 55-248.35.

Using The Virginia 5 Day Notice To Pay or Vacate

Landlords may use the 5 Day Notice To Pay or Vacate form when a tenant has not paid their rent. This allows the tenant the chance to pay the amount of rent owed, vacate the premises or face eviction. If the tenant complies with the notice by paying the amount owed, this must be done in full in one single payment. This form may only be used in the case when a tenant has not paid their rent and not for any other violation of the lease agreement.

Evicting A Tenant

    Serving this notice is only the first step in evicting a tenant. A Landlord needs to follow the specific steps for their state and their situation in order to achieve the desired results. In this case, the steps for evicting a tenant are as follows:
  • Serve this notice to the tenant that has not paid their rent.
  • Wait the 5-day period for the tenant to pay the rent they owe, leave the property or face further legal action being taken.
  • In the case when a tenant has not complied in the 5 day period, the landlord may file for an eviction.
  • A hearing will be held with both parties to determine if the eviction is warranted.
  • If the eviction ruling is made in favor of the landlord then a date will be set to forcibly remove the tenant from the property.

Delivery Methods

    The landlord has a few options when delivering the notice to the tenant. All methods of delivery must be carried without intimidation. The delivery options include:
  • Hand delivery,
  • Regular mail,
  • Certified mail,
  • Leaving the notice with another resident at the property,
  • Posting the notice at the property.

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