How Much Notice Does a Landlord Have to Give for Unpaid Rent in Virginia? (14 Days)
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In Virginia, a landlord must serve a 14-Day Notice to Pay or Vacate before filing an eviction for unpaid rent. The statute is Va. Code § 55.1-1245(F). In short: 14 days after written notice of nonpayment and of the landlord's intention to terminate if the rent is not paid.
What Va. Code § 55.1-1245(F) requires
- Notice period: 14 days.
- How the days are counted: The day of the event is not counted; if the last day is a Saturday, Sunday or legal holiday the period runs to the next business day.
- Watch out: The notice must say both things: that rent is unpaid and that you intend to terminate the rental agreement if it is not paid within 14 days.
- Watch out: Demand rent only; late fees are capped by § 55.1-1204(E) and belong in the unlawful detainer summons.
- Statute: Va. Code § 55.1-1245(F).
How the notice can be served in Virginia
- Hand-delivered to the tenant: Hand the notice to the tenant.
- Posted on the door and mailed first class (adds 5 days before the period starts): Post the notice on the main door of the dwelling and mail a copy first class the same day. The statute does not fix a mailing allowance, so the LeaseLenses notice generator adds five days before the period starts. Hand delivery avoids the delay.
- Certified mail, return receipt requested (adds 5 days before the period starts): Mail by certified mail and keep the receipt. The statute does not fix a mailing allowance, so the LeaseLenses notice generator adds five days before the period starts. Hand delivery avoids the delay.
Record the method, the date, and who delivered it. The service date is where the 14-day count begins, and it is the first thing a judge checks.
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When the period ends
A notice that miscounts the period, or is filed on before it has run, gets the case dismissed rather than delayed, and the landlord starts over with a fresh notice. Count from the service date under the Virginia rule above, add any mailing days for the method used, and file only after the last day has passed.
Frequently Asked Questions
Q: Does the day I serve the notice count as day one in Virginia?
A: The day of the event is not counted; if the last day is a Saturday, Sunday or legal holiday the period runs to the next business day. Apply that rule to the service date, then add the mailing allowance if the method calls for one.
Q: Can a Virginia landlord serve the notice by mail?
A: Yes. Posted on the door and mailed first class adds 5 days; Certified mail, return receipt requested adds 5 days. Keep the receipt.
Q: What if the tenant pays some of the rent during the 14 days?
A: Accepting partial payment can affect the notice; read the cautions above before deciding, and put any agreement in writing. When in doubt, a fresh notice is cheaper than a dismissed case.
Sources Checked
- Va. Code § 55.1-1226 (the Virginia statute cited above)
- Va. Code § 55.1-1245(F) (the Virginia notice statute)
- LeaseLenses Virginia deposit and notice data set, last reviewed 2026-09-19; the same data powers the Virginia document tools
- Virginia landlord-tenant overview and the Virginia deposit rules page
This page is general legal information for Virginia, not legal advice. Statutes change; read the current text before relying on a deadline in court.
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