Virginia 5 Day Pay or Quit Notice: Free Downloadable Template & Step-by-Step Guide (2025)

As a real estate attorney and landlord-tenant specialist with over 12 years drafting and litigating eviction notices across the U.S., I’ve prepared hundreds of Virginia-specific 5-day pay or quit notices for landlords, property managers, and investor clients. In this comprehensive guide, I’ll give you everything you need to correctly serve a Virginia 5 day pay or quit notice that complies with the Virginia Residential Landlord and Tenant Act (VRLTA) § 55.1-1200 et seq. You’ll also get my battle-tested, attorney-reviewed 5 day pay or quit notice Virginia PDF template — completely free.

Download the free Virginia 5-Day Pay or Quit Notice template here: → Click to download the free editable PDF & Word version

Important Disclaimer: This article and template are for informational purposes only and do not constitute legal advice. Laws change and individual circumstances vary. Always consult a licensed Virginia attorney before serving any eviction notice.

What Is a Virginia 5 Day Pay or Quit Notice?

A 5 day pay or quit notice Virginia (officially called a “Notice to Pay or Quit”) is the mandatory first step when a tenant has failed to pay rent on time in Virginia. Under Va. Code § 55.1-1245(A) and § 55.1-1202 require landlords to deliver written notice giving the tenant exactly five (5) days to either pay the full amount of past-due rent or vacate the premises.

If the tenant does neither within those five days, the landlord may file an Unlawful Detainer lawsuit in General District Court to regain possession.

When Can You Use the Virginia 5-Day Pay or Quit Notice?

• The tenant is late on rent (even by one day after any grace period in the lease).
• The lease is month-to-month or a fixed term that has not yet expired.
• The property is covered by the Virginia Residential Landlord and Tenant Act (most residential rentals; some exemptions apply for owner-occupied buildings with ≤4 units).
• You are NOT trying to evict for lease violations other than non-payment (those require a 21/30-day notice).

Critical 2025 Updates Landlords Must Know

• Virginia eliminated the former “pay during the 5 days and stay forever” redemption right in most of the time. Under Va. Code § 55.1-1250 (amended 2021 and clarified 2024), a tenant can only redeem ONCE per 12-month period by paying all rent, fees, and costs before court judgment.
• Late fees are capped at 10% of the monthly rent or 10% of the remaining balance (whichever is less).
• Active-duty military tenants may be protected by the Servicemembers Civil Relief Act (SCRA) — always ask for orders.

Step-by-Step: How to Complete and Serve the 5 Day Pay or Quit Notice in Virginia

Step 1 – Gather Required Information

• Full legal names of all tenants on the lease
• Exact rental address (including unit number)
• Monthly rent amount
• Exact amount past due (do NOT include unrelated fees unless the lease and Virginia law allow)
• Date rent was due
• Lease start and end date (if applicable)
• Your (or your agent’s) name, address, and phone number

Step 2 – Use the Correct 5-Day Calculation

Virginia excludes the day of service and weekends/holidays ONLY if the 5th day falls on a weekend or legal holiday (Va. Code § 8.01-126). Most practitioners simply count five full calendar days after service.

Step 3 – Choose an Approved Service Method (Va. Code § 8.01-296 & § 55.1-1202)

• Best: Hand-deliver and have an adult tenant sign an acknowledgment copy
• Post on the front door AND mail first-class (posting + mailing = valid)
• Sheriff or private process server (extra cost but creates strong proof)
• Certified mail alone is NOT sufficient by itself in Virginia

Step 4 – File the Unlawful Detainer if Needed

If the tenant has not paid or vacated by 11:59 p.m. on the 5th day, file in the General District Court where the property is located. Bring:

• The original notice + proof of service
• Rent ledger
• Copy of the written lease
• Certificate of Compliance with VRLTA (if >4 units)

Free Virginia 5 Day Pay or Quit Notice Template (2025 Version)

I’ve updated this template in October 2025 to reflect current Virginia law and court preferences in Fairfax, Richmond, Virginia Beach, and Hampton Roads courts.

Download the Free 2025 Virginia 5-Day Pay or Quit Notice (PDF + Word)

Key features of my template:

• Compliant with Va. Code § 55.1-1202 and § 55.1-1245
• Includes optional late fee and attorney fee language (only if your lease allows)
• Clear 5-day countdown table
• Certificate of Service block for all methods
• SCRA military warning
• Editable in Word and fillable PDF

Common Mistakes That Get Your 5 Day Eviction Notice in Virginia Thrown Out

Mistake	Consequence
Demanding non-rent amounts (utilities, pet fees, etc.)	Judge will dismiss the case
Wrong 5-day calculation	Tenant gets extra time
No proof of service or improper service	Case continued or dismissed
Using an old pre-2021 template that mentions unlimited redemption	May confuse tenant or court
Not including the exact amount due	Fatal defect

Sample Filled-Out 5 Day Pay or Quit Notice Virginia (Text Version)

NOTICE TO PAY RENT OR QUIT PREMISES
To: John A. Tenant and All Other Occupants
Address: 123 Main Street, Apt 4B, Richmond, VA 23220

Pursuant to Virginia Code § 55.1-1245 and § 55.1-1202, you are hereby notified that you are indebted to the undersigned landlord in the amount of $2,400.00 for rent due for the periods:

• October 2025: $1,200.00
• November 2025: $1,200.00

You are required to pay the sum of $2,400.00 within FIVE (5) DAYS after service of this notice or deliver possession of the premises.

If you fail to pay or quit, the landlord will file an unlawful detainer action to recover possession plus costs and attorney fees.

Dated: November 19, 2025
Landlord: Jane Smith Properties LLC
By: ________________________ Agent

Frequently Asked Questions About the Virginia 5 Day Pay or Quit Notice

Can I charge a late fee in the 5-day notice?
Only if the written lease allows it and the fee does not exceed 10% (Va. Code § 55.1-1204).

Does the 5 days include weekends?
Generally yes, unless the 5th day lands on a Saturday, Sunday, or legal holiday — then it extends to the next business day.

Can the tenant pay on day 6 and stop the eviction?
No. The redemption right expires at the end of the 5th day (unless it’s their one-time redemption under § 55.1-1250).

Do I need a lawyer to serve the notice?
No, but many landlords hire one to avoid technical dismissals.

Conclusion

Serving a correct Virginia 5 day pay or quit notice is the foundation of a successful non-payment eviction. One small error can cost you weeks and hundreds in lost rent. Download my free, attorney-drafted 5-day pay or quit notice Virginia PDF above, follow the steps in this guide, and you’ll dramatically increase your chances of a smooth process.

Again, this is not legal advice — consult a licensed Virginia attorney for your specific situation.

References:
- Virginia Residential Landlord and Tenant Act – https://law.lis.virginia.gov/vacode/title55.1/chapter12/
- IRS (for tax treatment of returned security deposits, etc.) – https://www.irs.gov
- Virginia Judicial System Court Self-Help – https://selfhelp.vacourts.gov

Download Your Free 2025 Virginia 5 Day Pay or Quit Notice Template Now