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

Alabama - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Alaska - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Arizona - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Arkansas - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Arkansas is the only state that allows landlords to institute criminal misdemeanor proceedings, called a "failure to vacate" action, for failure to pay rent. In this case, the court can force the tenant to pay $1 to $25 for each day the tenant remains in possession without paying. Otherwise, the landlord can file an "unlawful detainer" civil action for nonpayment of rent or lease violations. If the reason for eviction is nonpayment of rent, the landlord also must wait five days after the rent is due before serving the notice.

California - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the landlord accepts rent after the fixed-term lease expires, a month-to-month tenancy is generally created and the tenant is no longer considered a holdover tenant. If the landlord then decides to terminate the tenancy, he or she would have to serve a 30-day notice to terminate the month-to-month tenancy. Note: This form may not be applicable for rent-controlled rental properties in California. If your property is under rent control, check your local ordinances for your applicable legal information.

Colorado - When calculating the date a tenant must vacate by, exclude the day of service and count full days excluding weekends and holidays. If the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Connecticut - When calculating the date a tenant must vacate by, the notice time does not include the first day or the last day. For example, if a three-day notice is served on April 01, the tenant must comply or vacate by April 05. For evictions where the lease is month to month and the eviction reason is for nonpayment of rent, the notice cannot be served until 10 days after the rent is due, not counting the due date, so that it would be served on the eleventh day after the first of the month.

Delaware - When calculating the date a tenant must vacate by, do not include weekends or the day of service. For example, if a five-day notice is served on a Friday, then the tenant must vacate by 5:00pm on the following Friday (since Saturday and Sunday do not count).

Florida - When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation. Landlords may also recover double the amount of rent due for the period during which the tenant refuses to surrender possession.

Georgia - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Hawaii - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Idaho - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Illinois - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Unless they are located in Chicago, tenants typically do not have the right to cure lease violations and stay in the property. However, all tenants can cure nonpayment of rent should they pay the entire rent within the time limit, or if they pay the rent beyond the time limit but before the landlord files a Summons and Complaint for Forcible Entry and Detainer, in which case the eviction process must cease.

Indiana - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, the landlord also must wait 10 days after the rent is due before serving the notice.

Iowa - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. A landlord can choose to accept a partial rent payment. This must be accompanied with giving the tenant a written grace period to pay the remainder. If the tenant does not pay the entire amount due by the end of the grace period, then the landlord can proceed with the next step in the eviction process without giving additional notice.

Kansas - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. In Kansas, the statutory minimum notice required for a lease violation is 14 days to fix the violation, and if the tenant does not cure the violation within this time, the tenant must vacate within 30 days. The statutory minimum notice required for nonpayment is three 24-hour periods, with two additional 24-hour periods if notice is delivered to the tenant by mail.

Kentucky - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. For an expired lease that is one year or longer, the landlord must start any forcible detainer action within 90 days after the lease expiration to avoid a one-year renewal. For an expired lease that is less than one-year long, the landlord must start any forcible detainer action within 30 days after the lease expiration to avoid a 60-day renewal.

Louisiana - When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Maine - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, the landlord also must wait seven days after the rent is due before serving the notice.

Maryland - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Massachusetts - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Michigan - When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Minnesota - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Mississippi - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. The landlord is not allowed to refuse to accept the full payment of the rent prior to the issuance of an eviction order.

Missouri - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Montana - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Furthermore, if notice is made with a certificate of mailing or by certified mail, service of the notice is considered to have been made upon the date three days after the date of mailing. Note: If you select "Other" as your reason for eviction and list a reason other than substantial damage to the unit or making the unit unsafe for others, then you need to also include the specific statute number the tenant has violated when describing the violation.

Nebraska - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. In Nebraska, the statutory minimum notice required for a lease violation is 14 days to fix the violation, and if the tenant does not cure the violation within this time, the tenant must vacate within 30 days.

Nevada - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Note: A lease agreement cannot shorten any statutory notice period.

New Hampshire - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, then the tenant must also pay $15 along with the total amount of rent due to remain. If the tenant has been served three times in a 12-month period for nonpayment of rent, the landlord can serve a notice for immediate eviction and proceed with the eviction with no right to cure by the tenant.

New Jersey - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

New Mexico - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

New York - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

North Carolina - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the lease provides for automatic forfeiture of the premises upon nonpayment of rent after a certain time, any tender of the rent within 10 days does not have to be accepted by the landlord.

North Dakota - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Ohio - When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Oklahoma - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Oregon - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. Add three days to the notice period if the notice is mailed. If the reason for eviction is nonpayment of rent, the landlord also must wait eight days (five days if it is a week-to-week tenancy) after the rent is due before serving the notice.

Pennsylvania - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Rhode Island - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, the landlord also must wait 15 days after the rent is due before serving the notice.

South Carolina - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

South Dakota - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, the landlord also must wait three days after the rent is due before serving the notice.

Tennessee - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day. If the reason for eviction is nonpayment of rent, the landlord also must wait five days (or the next business day if the fifth day lands on a Sunday or a legal holiday) after the rent is due before serving the notice.

Texas - When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Utah - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Vermont - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Virginia - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Washington - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

West Virginia - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

Wisconsin - When calculating the date a tenant must vacate by, exclude the day of service, weekends, and legal holidays from the calculation.

Wyoming - When calculating the date a tenant must vacate by, exclude the day of service, and, if the last day of your notice period would fall on a weekend or legal holiday, then use the date of the following business day.

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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