Notice to Vacate for Virginia

State of _____________

NOTICE TO VACATE



To:

Located at: _____________, _____________, _____________ _____________

Should your landlord file a court action to evict, you will be able to state reasons why you think you should not be evicted. You have the right to consult a lawyer and should do so promptly if you believe you have a valid defense. Your landlord may not take unilateral steps to prevent your access to the premises or to shut off utilities until a court order is issued and the sheriff has arrived to remove you. You will have a legal remedy if your landlord unlawfully attempts to evict you.

Served on _____________

Sign: ___________________________________     Date: ________________

(Landlord or Landlord's authorized agent)

Print: ___________________________________

_____________
_____________, _____________ _____________

PROOF OF SERVICE



I, ___________________________________ (print name of server), under penalty of perjury, swear that the information below is true and correct to the best of my knowledge.

I am at least 18 years of age, and on _____________ at _______________ (time) I served a notice to quit pursuant to _____________ law on regarding the tenancy at the premises located at _____________, _____________, _____________ _____________.


SWORN AND SUBSCRIBED to in ___________________ County, _____________________ (State).

Sign: ___________________________________     Date: ________________

Instructions for Your Notice to Vacate



Landlords and property owners can use this notice to vacate form to evict, or threaten to evict, tenants who are late on paying rent, who have violated the terms of their lease, who have violated a relevant law (e.g. creating a nuisance or engaging in activity that threatens the health of others), or whose lease term has expired (holdover tenants). This notice can also be used to end periodic tenancies such as week-to-week or month-to-month tenancies. In cases where the tenant can still fix the problem to avoid eviction, the notice will inform the tenant that they will not be evicted should they comply within the notice period. It is recommended that landlords give tenants an opportunity to fix violations, whenever possible, lest a judge should decide that more notice was required.

Note that if you select a notice period of "0 days," then this means that the notice will require that the tenant immediately vacate (or cure the violation, if applicable).

Important: Landlords typically should never use a shorter notice period than allowed by state law unless state law explicitly permits the parties to agree to a shorter notice period in the lease agreement. If a lease agreement between the landlord and tenant specifies a longer notice period than the state minimum, the landlord MUST use the notice period agreed to in the lease. In this case, select "Other" when asked to select the amount of notice being provided and enter in the amount of time specified in the lease.

In many states, accepting rent after the expiration of a fixed-term lease automatically converts it to a month-to-month tenancy. If this has occurred, then select "End Periodic Tenancy" as your reason for eviction and include the corresponding amount of notice.

Be sure to comply with your state requirements for serving the notice. The form includes a Proof of Service section, which may help support you should you need to prove that the notice was properly served on a particular day. However, although we recommend always using a Proof of Service, most states besides California do not require it.

State-Specific Information

Please note that the language you see here changes depending on your answers to the document questionnaire.
Landlord Landlord and Tenant

Notice to Vacate

Use a notice to vacate, also called an eviction notice or notice to quit, in order to notify tenants that they must move out. In some situations, you may give noncompliant tenants the option to stay if they remedy the problem.

Our notice to vacate is state compliant and provides different timeframes for vacating depending on your reason for pursuing eviction. We provide step-by-step guidance to ensure your notice includes the correct reason for eviction, deadline to vacate, relevant dates, and more.

Begin your notice to vacate now to let LegalNature deliver the protection you need.

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user guide icon Help Guide

This guide provides an explanation of the key terms and considerations when creating a notice to vacate. Here we elaborate on the step-by-step guidance we provide you when answering our document questionnaire.

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checklist icon Checklist

Review the basic steps you will need to follow after completing a notice to vacate. This includes serving the notice, following up with the tenant, inspecting the property, and more helpful tips.

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