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Virginia Extends Residential Nonpayment Notice Period From 5 Days to 14 Days

Category: ArticlesReal Estate Litigation Tags: 2026 General AssemblyReal EstateVirginia Landlords
Virginia Extends Residential Nonpayment Notice Period From 5 Days to 14 Days Article

Effective July 1, 2026, Virginia landlords subject to the Virginia Residential Landlord and Tenant Act (VRLTA) must provide residential tenants with 14 days’ written notice, rather than the previous 5-day notice, before terminating a rental agreement for nonpayment of rent. The change was enacted through 2026 General Assembly amendments to Virginia Code § 55.1-1245(F).

Under the prior version of the statute, if a tenant failed to pay rent when due, a landlord could serve a written pay-or-quit notice giving the tenant 5 days to pay the outstanding rent. If the tenant failed to cure the default within that period, the landlord could terminate the tenancy and proceed with an unlawful detainer action. The amended statute extends that cure period to 14 days.

For landlords, the practical effect is a longer timeline before an eviction action based on nonpayment can be filed. Existing notice forms, lease templates, and property management procedures should be reviewed and updated to ensure compliance with the new statutory requirements. A notice that incorrectly provides only 5 days may create procedural issues in a subsequent unlawful detainer action.

While the amendment lengthens the notice period, it does not otherwise change the landlord’s remedies for nonpayment of rent. Once the 14-day period expires without payment, landlords may still pursue termination and possession remedies as authorized by Virginia law.

Property owners and managers should take care to use the updated 14-day notice for all residential nonpayment matters arising on or after July 1, 2026.

This is one example of the many changes that came of the 2026 General Assembly session. If you are a residential landlord and have questions, we are here to help.

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These articles are provided for general informational purposes only and are marketing publications of Gentry Locke. They do not constitute legal advice or a legal opinion on any specific facts or circumstances. You are urged to consult your own lawyer concerning your situation and specific legal questions you may have.
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