A Guide to the Eviction Process in Roanoke, Virginia

Virginia updated several parts of its eviction law for 2026, and the nonpayment notice change in particular is significant enough that outdated notice templates are now a real liability.

Getting the timeline right, from the initial notice through the sheriff's final visit, matters more this year than usual, since a notice built around the old rules can send an otherwise solid case back to square one.

Hometown Holdings handles this process regularly for owners across the Roanoke Valley and the surrounding communities.

What's the Eviction Process in Virginia? Here's a Guide

Virginia law doesn't require landlords to justify every lease ending. A fixed-term lease simply ends on its stated expiration date, with no notice generally required. A month-to-month tenancy works differently.

Ending one requires 30 days' written notice under Va. Code § 55.1-1253, with no reason needed. Other grounds, like nonpayment or a lease violation, still require the correct statutory notice, and getting the type and timing right matters more than ever after this year's changes.

14-Day Notice to Pay or Quit

Effective July 1, 2026, Virginia extended the nonpayment notice period from 5 days to 14 days under an amendment to Va. Code § 55.1-1245(F).

Once rent is late, the landlord has to give the tenant 14 days from the date the notice is served to pay in full before moving forward with termination. Notices still built around the old 5-day window are now considered defective and can get an unlawful detainer case dismissed.

21-Day Notice to Cure

For lease violations that can be corrected, Virginia law gives tenants 21 days to fix the issue, with termination taking effect on a date no earlier than 30 days after the tenant receives the notice.

Unconditional Notice to Quit

For repeat violations or more serious breaches, like criminal activity or threats, landlords can issue an unconditional notice to vacate. There's no opportunity to cure in these cases.

Keeping notice templates current matters more this year than usual, since an outdated 5-day nonpayment notice is now a straightforward reason for a judge to dismiss a case.

If notice timing or documentation issues keep coming up, it's often worth a closer look at how tenants are being placed in the first place.

Serving a Tenant with an Eviction Notice in Virginia

Ending a month-to-month tenancy without any specific violation requires at least 30 days' written notice before the next rent due date.

Once the applicable notice period runs out without the tenant complying, the landlord files a Summons for Unlawful Detainer in the General District Court for the city or county where the property is located.

The summons has to be served at least 10 days before the return date, and the hearing is generally scheduled as soon as practicable, but not more than 21 days after filing.

Tenant Eviction Defenses in Virginia

Tenants have several defenses commonly raised in Virginia unlawful detainer cases, including:

• A defective or improperly served notice.
• The landlord filed before the notice period actually expired.
• Habitability issues the landlord failed to address.
• Discrimination based on a protected characteristic under fair housing law.
• Retaliation tied to a complaint or repair request.

Paying the full balance owed, including rent, damages, and court costs, at least 48 hours before the scheduled eviction stops the process, though landlords with four or fewer rental units may limit a tenant to using this right once per lease period.

Attending Court Hearing

Both parties are expected to appear on the scheduled date, and each side can present evidence, including the lease, payment records, and any relevant communications. If the landlord prevails, the court issues a Judgment for Possession.

Tenants generally have a short window after judgment, commonly cited as around 10 days, during which the landlord can't yet request a writ, giving the tenant a chance to appeal if they believe the ruling was in error.

Writ of Possession

Once that window passes, the landlord can request a Writ of Possession from the court, and this request generally has to happen within 180 days of the judgment. The court sends the writ to the sheriff's office, which then has up to 30 days to execute it.

The sheriff typically gives the tenant several days of advance notice, often in the range of five to seven days depending on the time of year, though state law sets a minimum of at least 72 hours.

Even after the writ is scheduled, tenants retain the right to pay their full balance and cancel the eviction up until 48 hours before the scheduled date, though landlords with four or fewer units may cap this right to once per lease period.

The Eviction

Once the scheduled date arrives, the sheriff carries out the eviction and restores possession to the landlord. Virginia law prohibits self-help evictions entirely.

Changing locks, removing belongings, or shutting off utilities without going through this court process is illegal and can expose a landlord to real legal and financial consequences.

Final Thoughts

Virginia's eviction process changed meaningfully this year, and the biggest shift, the move from a 5-day to a 14-day nonpayment notice, is exactly the kind of detail that trips up landlords relying on older forms.

A defective notice can cost weeks on a case that should move smoothly. If a situation calls for legal guidance, it's worth consulting a licensed Virginia attorney, or partnering with a property management team that's already current on these changes.

If you have more questions about any part of the Virginia eviction process contact Hometown Holdings today for all your property management needs.

Frequently Asked Questions About the Eviction Process

How Long Does The Eviction Process Typically Take In Virginia?

The total timeline depends on the reason for the eviction, whether the tenant contests the case, court scheduling, and the sheriff's availability to execute a writ of possession.

Even when everything proceeds smoothly, landlords should expect multiple required steps, including the statutory notice period, court proceedings, and sheriff enforcement.

Planning ahead and maintaining accurate documentation can help reduce avoidable delays, but every case follows its own timeline based on the facts and applicable Virginia law.

What Documentation Should Landlords Keep Before Filing For Eviction?

Property owners should typically retain the signed lease agreement, payment ledger, copies of all notices served, proof of service, inspection reports when relevant, photographs if applicable, and written communication related to the lease violation.

Organized records may also help reduce disputes over dates, amounts owed, or whether proper notice requirements were satisfied before filing an unlawful detainer action.

Can A Property Manager Handle The Eviction Process For A Rental Owner?

A professional property management company may coordinate many administrative aspects of the eviction process, including serving required notices when permitted, tracking deadlines, communicating with owners, and coordinating with legal counsel when necessary.

Hometown Holdings works with rental property owners throughout the Roanoke Valley to help manage day-to-day rental operations and keep owners informed throughout the process.

What Are The Most Common Mistakes That Delay Virginia Evictions?

Many delays stem from procedural errors rather than the underlying lease violation. Common examples include using outdated notice forms, miscalculating notice periods, filing before the notice expires, incomplete documentation, or failing to properly serve required notices.

Since Virginia updated portions of its eviction laws in 2026, landlords should periodically review their forms and internal procedures to help ensure they reflect current statutory requirements before beginning an eviction.

Should Landlords Hire An Attorney For An Eviction In Virginia?

Straightforward matters may proceed without significant disputes, while cases involving contested facts, lease interpretation, fair housing concerns, or procedural questions can become more complicated.

Property owners who are uncertain about their legal obligations or litigation strategy should consider consulting a licensed Virginia attorney. A qualified property management company can also help owners stay organized and coordinate the process without providing legal advice.

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.