A Virginia lease termination notice is a document which officially announces the upcoming end of a rental tenancy. Either a landlord or tenant may give notice, in most cases at least 30 days in advance.
| Notice Form | Lease Type |
| 7 Day Notice To Vacate | Weekly |
| 30 Day Notice To Vacate | Monthly / Yearly |
A Virginia 7 Day Notice To Vacate provides notice to terminate a week-to-week lease. This form may also serve as notice of non-renewal with no lease or an expired lease, if the tenant pays rent weekly. The non-terminating party must receive notice at least thirty (30) calendar days before the termination date. [1]
A Virginia 30 Day Notice To Vacate form provides notice to terminate most tenancies, including month-to-month tenancies. This form may also serve as notice of non-renewal with no lease or an expired lease, if the tenant pays rent monthly. The non-terminating party must receive notice at least thirty (30) calendar days before the termination date. [2]
To ensure the legal compliance of a lease termination notice:
It is easy to lose an otherwise justified legal action because of improper notice. Check carefully to ensure enough time after notice is delivered , not when it’s sent.
The “clock” for a lease termination notice starts “ticking” the day after the notice gets delivered (served). For example, to give at least 30 days of notice and terminate a tenancy as of June 30th, delivery of the termination letter must be no later than May 31st.
In most jurisdictions, if the last day of a notice period is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.
Virginia law isn’t strict or specific on method of delivery for a lease termination notice, except that it must be in writing, and that electronic notice is allowed if provided for in the rental agreement. Notice must be delivered in the landlord’s case to the address of record or place where the rental agreement was made, and in the tenant’s case to the last known place of residence. [3]
Even with a rental agreement that allows electronic notice, a tenant may at any time opt into notice on paper.
For maximum legal compliance, these are the methods of service accepted for an action in court: [4]
Mailed notice extends a notice period by (3) calendar days, to account for variable delivery times. [5]
The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date.
The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period.
A. If the rental agreement so provides, the landlord and tenant may send notices in electronic form; however, any tenant who so requests may elect to send and receive notices in paper form. If electronic delivery is used, the sender shall retain sufficient proof of the electronic delivery, which may be an electronic receipt of delivery, a confirmation that the notice was sent by facsimile, or a certificate of service prepared by the sender confirming the electronic delivery.
B. In the case of the landlord, notice is served on the landlord at his place of business where the rental agreement was made or at any place held out by the landlord as the place for receipt of the communication.
In the case of the tenant, notice is served at the tenant’s last known place of residence, which may be the dwelling unit.
Source Link 4 VA Code § 8.01-296 Subject to the provisions of § 8.01-286.1, in any action at law or in equity or any other civil proceeding in any court, process, for which no particular mode of service is prescribed, may be served upon natural persons as follows: 1. By delivering a copy thereof in writing to the party in person; or 2. By substituted service in the following manner: a. If the party to be served is not found at his usual place of abode, by delivering a copy of such process and giving information of its purport to any person found there, who is a member of his family, other than a temporary sojourner or guest, and who is of the age of 16 years or older; or b. If such service cannot be effected under subdivision 2 a, then by posting a copy of such process at the front door or at such other door as appears to be the main entrance of such place of abode, provided that not less than 10 days before judgment by default may be entered, the party causing service or his attorney or agent mails to the party served a copy of such process and thereafter files in the office of the clerk of the court a certificate of such mailing. In any civil action brought in a general district court, the mailing of the application for a warrant in debt or affidavit for summons in unlawful detainer or other civil pleading or a copy of such pleading, whether yet issued by the court or not, which contains the date, time and place of the return, prior to or after filing such pleading in the general district court, shall satisfy the mailing requirements of this section. Source Link 5 Virginia Supreme Court Rules of Civil Procedure - Rule 1:7(c)
Three days will be added to the prescribed time if the paper is served by mail. With respect to Parts Five and Five A of the Rules, this Rule applies only to the time for filing a brief in opposition.
