How long before eviction in Virginia?
Tenant protection: Strong7 of 9 checked
Last verified 2026-09-23From notice to removal
Each stage has its own timing. A landlord notice alone does not authorize removal.
- 01Notice
14 days
- 02Court stage
Timing not verified
- 03Writ wait
10 days before execution
- 04Removal
Enforcement follows a court order
At a glance
- Grace period before a late fee
- Not verified
- Late fee cap
- A landlord may not charge a late fee unless the written rental agreement provides for one, and the fee cannot exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance the tenant owes.
- Pay-or-quit notice
- 14 days
- Recorded court-stage timing
- Not verified
- Wait before the writ can be executed
- 10 days
- Can paying stop it before judgment?
- Yes
- Can paying stop it after judgment?
- Yes
- Lockouts without a court order banned?
- Yes
- Record sealing available?
- Yes
- Right to counsel
- Not verified
- Fastest lawful timeline
- 35 daysNot independently verified. Figure from the Eviction Research Network's state eviction timeframes dataset, as of 2026-07-13. We have not yet checked it against the statutes.
Can I stop it by paying?
Before judgment: Yes. A tenant, or anyone paying on the tenant's behalf, can stop an unlawful detainer for nonpayment by paying the landlord, the landlord's attorney, or the court all rent, late charges, attorney fees and court costs due as of the court date; the case is then dismissed. A tenant can also give the court a written commitment from a local government or nonprofit to pay within 10 days, which pauses the case. A landlord who owns four or fewer rental units may limit a tenant to using this right once per lease period.
After judgment: Yes. Even after a judgment for possession, the tenant can still stop the eviction by paying the landlord, the landlord's attorney or the court everything claimed, including sheriff fees for the writ, at least 48 hours before the sheriff is scheduled to carry it out. The landlord must then tell the sheriff to cancel it. A landlord who owns four or fewer rental units may limit a tenant to using this right once per lease period.
Where to get help
- Free legal help
- Virginia has not enacted a statewide right to counsel in eviction proceedings. The state does not appear in the NCCRC enacted-legislation survey.
Sources
- Va. Code § 55.1-1245(F). The landlord may terminate the rental agreement and proceed to obtain possession if the tenant fails to pay rent within 14 days after written notice is served.
- Va. Code § 55.1-1204(E). A landlord may not charge a late fee unless the written lease provides for one, capped at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due.
- Va. Code § 8.01-129(B). The sheriff may not evict the tenant before the 10-day appeal period expires, and must give at least 72 hours' notice of the date and time of eviction before executing the writ.
- Va. Code §§ 55.1-1252, 55.1-1243.1. A landlord may not take back the unit by cutting off an essential service or refusing the tenant access except under a court order for possession; a tenant who is unlawfully excluded can recover actual damages, at least $5,000 in statutory damages, and attorney fees.
- Thomas, Tim, and the Eviction Research Network (2026). Time to evict: State statutory eviction timelines (verified edition, July 2026) [Data set]. Eviction Research Network, University of California, Berkeley.
- Primary statute · Court self-help