Virginia 5-Day Pay or Quit Notice and Right of Redemption Before Unlawful Detainer Judgment (Va. Code § 55.1-1245)
Answer Block
Landlords in Virginia must provide a 5-day pay or quit notice to tenants who are behind on rent. If the tenant does not pay within this timeframe, landlords can proceed with an unlawful detainer action. Tenants have a right of redemption to cure the default within 10 days after receiving the notice.
Permitting & Zoning Standards
Virginia does not have specific zoning rules related to accessory dwelling units (ADUs) or owner-occupancy requirements. However, landlords must ensure compliance with local zoning ordinances when converting a single-family home into an ADU. For parking minimums, landlords must adhere to municipal regulations, which can vary by locality.
Lease Structuring, Utility Metering, and Disclosures
Landlords must include a clear rent payment clause in the lease agreement. Utility metering should be shared or separate, depending on the terms agreed upon by both parties. Landlords must provide tenants with necessary disclosures, including any applicable lease addenda and notice periods.
State Landlord-Tenant Act Compliance
Under Va. Code § 55.1-1245, landlords must provide a 5-day pay or quit notice to tenants who are behind on rent. If the tenant does not pay within this timeframe, landlords can proceed with an unlawful detainer action. Tenants have a right of redemption to cure the default within 10 days after receiving the notice. Landlords must also provide tenants with a notice of eviction if they fail to remedy the default within this period.
Defensible Record-Keeping & Compliance Checklist
- 5-Day Pay or Quit Notice: Ensure the notice is in writing, includes the tenant’s name and address, specifies the amount owed, and provides a deadline for payment.
- Late Fee Calculation: Calculate late fees based on the lesser of 10% of rent or 10% of the balance due.
- Right of Redemption: Inform tenants about their right to redeem themselves by curing the default within 10 days.
- Unlawful Detainer Judgment: If the tenant does not remedy the default, proceed with an unlawful detainer action and provide proper notice to the court.
- Tenant Disclosures: Ensure all required disclosures are provided in writing and signed by the tenant.
- Record Keeping: Maintain detailed records of rent payments, late fees, and eviction proceedings.