The short answer: Since July 1, 2026, a Virginia landlord must give a tenant 14 days, not five, to pay overdue rent after written notice before terminating the lease for nonpayment. The change came from HB 15 (2026 Regular Session), approved April 8, 2026, as Chapter 353 of the 2026 Acts of Assembly. An identical Senate bill, SB 48, became Chapter 354. Both amended subsection F of Va. Code § 55.1-1245, replacing "five" with "14" everywhere the nonpayment notice appears. If your notice template still says five days, retire it.
This article is general information, not legal advice. Talk to a Virginia attorney before serving a notice or filing in court.
What exactly changed in § 55.1-1245(F)
Chapter 353 shows the old wording struck through and the new wording inserted. Three things moved from five days to 14:
- Unpaid rent. If rent is unpaid when due and the tenant doesn't pay within 14 days after written notice is served, the landlord may terminate the rental agreement and seek possession under § 55.1-1251.
- Bounced checks and rejected payments. The same 14-day window now applies when a rent check bounces for insufficient funds, an electronic payment is rejected, or a stop-payment is placed in bad faith. Here the notice can require payment by cash, cashier's check, certified check, or a completed electronic funds transfer.
- The "14-day termination notice." The statute still lets you include your attorney-fee and civil-recovery notice under § 55.1-1202 in the termination notice. The law now calls it the 14-day termination notice.
Nothing else about the landlord's remedies changed. As Virginia REALTORS® summarized, only the notice period is different. The bill amended the section "as it is currently effective and as it shall become effective," so the later versions of § 55.1-1245 on the books also say 14 days.
What the notice must say
The statute's core requirements are short. The notice must be written, must tell the tenant they haven't paid, and must state that you intend to terminate the rental agreement if rent isn't paid within the 14-day period.
Several other provisions shape what goes on the page:
- Acceptance with reservation. Under § 55.1-1250, if you want to accept a partial payment and still pursue possession, you need written notice saying payments are accepted with reservation. That notice must use the statute's required wording, and it can go in the termination notice itself.
- Voucher tenants. Under § 55.1-1202(D), a private landlord's termination notice to a tenant with tenant-based rental assistance, such as a Housing Choice Voucher, isn't effective unless its first page shows the statewide legal aid phone number and website.
- Electronic delivery. If the lease provides for electronic notices, you can send them that way, but a tenant can elect paper. Either way, keep proof of delivery (§ 55.1-1202(A)).
Use the current state form. DHCD's Landlord-Tenant Resources page lists a sample nonpayment termination notice "Last Reviewed July 1, 2026." The 2026 English version is titled "Fourteen (14) Day Nonpayment Notice." It itemizes rent, late fees, and other charges, sets a deadline date, and includes rental assistance and legal aid resources, redemption-rights language, and a certificate of service. Its footnote says tenants in HUD-subsidized tenant-based rental assistance must receive a 30-day nonpayment notice under federal PIH Notice 2021-29, while other tenants, including voucher holders, receive the 14-day notice. Ask counsel which applies to your tenant. Watch out: an older DHCD file at a different web address is still the five-day version. Check the title before you use any saved copy.
Timing: counting the 14 days
The window runs 14 days after written notice is served. The practical lesson from Virginia REALTORS® applies here: the sooner you serve, the sooner the clock starts. A five-day habit now costs nine extra days, so budget for it.
A typical Charlottesville sequence looks like this:
- Rent is due and unpaid under the lease.
- You serve the 14-day notice, keeping proof of service.
- The tenant pays in full within 14 days, and the lease continues. If not, you may terminate and file for possession.
When rent is late, pmi commonwealth sends the tenant a notice through their tenant portal and by mail.
After the notice: City court or County court?
This is where Charlottesville owners trip up. Eviction (unlawful detainer) cases are filed where the property sits (§ 8.01-261(3)). The City's Courts page lists two separate general district courts:
- City of Charlottesville General District Court, for properties inside City limits
- Albemarle County General District Court, for County properties, including many homes with Charlottesville mailing addresses
Under § 8.01-126, the process from there works like this:
- Filing. The landlord or agent files a sworn statement, and the court issues the summons (Form DC-421).
- Hearing timing. The initial hearing should be no more than 21 days after filing, or 30 days if the court can't hear it sooner. The summons must be served at least 10 days before the return date.
- The notice is evidence. The court can't enter an order of possession unless a copy of a proper termination notice is entered into evidence. That's why an outdated five-day notice is risky.
Redemption ("pay and stay"). Under § 55.1-1250, a tenant can pay everything owed (rent, late charges, attorney fees, and court costs) at or before the first return date and have the case dismissed. They can also pay in full at least 48 hours before a scheduled eviction to cancel it. Landlords with four or fewer units may limit redemption to once per lease period if they give written notice.
Eviction Diversion. Virginia lets each general district court choose whether to run the Eviction Diversion Program. It's a court-ordered payment plan for eligible tenants, who pay at least 10% at the first docket call. Ask the clerk whether your court runs it.
Appeal and writ. Either side has 10 days to appeal. The sheriff must give at least 72 hours' notice before executing a writ of eviction, and can't evict before the appeal period ends (§ 8.01-129).
Coming July 1, 2027: two more changes
- Payment plans for larger landlords. HB 95, Chapter 1105, takes effect July 1, 2027. A landlord with more than four rental units (or more than a 10% interest in more than four) will have to offer a payment plan when the amount owed is no more than one month's rent plus late charges. Installments will run over the lesser of six months or the rest of the lease, and DHCD must publish a sample plan. Owners with four or fewer units aren't covered.
- A 12-month accounting. Under the version of § 55.1-1202 effective July 1, 2027 (2026 cc. 783, 784), a nonpayment termination notice won't be effective unless it includes a statement of charges and payments over the tenancy or the past 12 months, whichever is shorter.
How pmi commonwealth helps
pmi commonwealth exists to make property management manageable, and late rent is where process matters most:
- Rent collection and billing handled for you
- Tenant screening up front, with background and financial checks
- Leasing and day-to-day management under the Virginia Residential Landlord and Tenant Act
What it costs: 10% of monthly rent for full-service management, plus a $1,000 leasing fee for placing a tenant (see pricing). A free rental analysis gives you a suggested rent range, and you make the call. More on our Charlottesville property management page.
FAQ
What bill created Virginia's 14-day notice?
HB 15 (Chapter 353) and the identical SB 48 (Chapter 354), from the 2026 session, effective July 1, 2026. They amended Va. Code § 55.1-1245(F).
Is a five-day notice still valid?
No. Since July 1, 2026, the statute requires 14 days.
Does the 14 days apply to bounced checks?
Yes. Insufficient-funds checks, rejected electronic payments, and bad-faith stop-payments also get 14 days. The notice can require cash, a cashier's or certified check, or a completed electronic transfer.
Do I have to offer a payment plan?
Not under the current law. Starting July 1, 2027, landlords with more than four units must offer one in certain cases.
Which court hears my case?
The general district court where the property is located: Charlottesville's for City properties, Albemarle County's for County properties.
