Your rental is humming until turnover season sneaks up. The lease ends July 31, you line up an August renter, send a non-renewal notice, and start showings. Then the tenant replies that your notice isn’t valid.
The new applicant walks, your calendar slips, and cash flow takes a hit. What happened?
In Virginia, the clock is set by state law. This guide explains the Virginia Residential Landlord and Tenant Act (VRLTA) so you hit every deadline, avoid surprises, and keep move outs on schedule.
Key Takeaways
- State law controls: VRLTA applies statewide.
- Larger landlords (>4 units): 60-day non-renewal for fixed terms; 60 days for rent increases with renewal or auto-renewal.
- Month-to-month: end with 30 days’ notice tied to the next rent-due date (7 days if week-to-week).
- Multifamily: ending ≥20 or ≥50% month-to-month tenancies within 30 days requires 60 days’ notice (nonpayment exempt).
- Written notice: electronic delivery is fine if the lease allows and you keep proof; certified mail is prudent, not required.
- If notice is late or defective: accepting rent after the term can create a holdover; without consent, seek possession.
- Non-renewal is not an eviction: nonpayment usually starts with a 5-day pay-or-quit; other breaches follow different timelines.
Deconstructing the “60-Day Rule”
Since 2025, Virginia requires 60 days’ notice in specific situations, mostly when a landlord controls five or more rentals, including owning more than 10% of five or more units. Many leases already set the same timeline.
If you have a fixed-term lease that ends on a set date, you must give at least 60 days’ written notice if you will not renew.
If the lease includes a renewal or auto-renewal and you plan to raise the rent, that increase also needs 60 days’ notice.
If the lease ends and then rolls into month-to-month, the special 60-day rule does not apply, so use the standard 30-day notice tied to the next rent-due date, or 7 days if week-to-week.
In short, it is 60 days for larger landlords on fixed-term leases, a separate 60-day rule for certain large multifamily mass non-renewals, and 30 days for ordinary month-to-month.
What the VRLTA Requires—By Tenancy Type
Fixed-term leases
- If you own more than four units, give at least 60 days’ written non-renewal notice before the lease end date. Example: if the lease ends August 31, serve non-renewal by July 2.
- If you own four or fewer units, state law does not set a notice to end a fixed term. Follow your lease. Many fixed-term leases either end on the stated date with no notice or auto-renew unless someone gives the notice required in the contract.
- If you accept rent after the end date and the lease rolls into month-to-month, the 30-day month-to-month rule applies.
Month-to-month tenancies
Either side may end the tenancy by giving written notice at least 30 days before the next rent-due date. Example: rent is due on the 1st. To end the tenancy on December 31, serve notice by November 1. If you serve on December 5, the earliest end is the end of February.
For multifamily properties, if an owner chooses not to renew the greater of 20 month-to-month tenancies or 50% of them within a 30-day period, they must give 60 days’ written notice before those tenancies end. Nonpayment cases are exempt.
What Counts as Proper “Written Notice”?
How to send the notice
You can deliver the notice on paper or by email. Email is allowed only if your lease says electronic notices are okay, and you should keep proof that it was delivered, such as a read receipt or a copy of the sent message.
If you use paper, certified mail with a return receipt is a smart way to document delivery, but the law does not require it.
What to include:
- The date you wrote the notice
- The full rental property address
- A clear statement that you will not renew the lease
- The exact date the tenancy will end
- Your signature or the signature of your authorized property manager
If You Get the Notice Wrong
If the tenant stays and you accept rent
Taking rent after the lease ends usually means you agree to let the tenant remain. The tenancy keeps going under the same terms, often as month-to-month. To raise the rent or end the tenancy later, you must give proper written notice.
If the tenant stays and you do not consent
Tell the tenant in writing that you are not agreeing to an extension and do not accept rent. You may then file an unlawful detainer case in court to regain possession and seek any allowed money claims, such as unpaid rent or damages.
Non-Renewal vs. Eviction
Non-renewal is not an eviction. When a lease ends on its scheduled date, a landlord can simply choose not to renew. That decision is different from removing a tenant for breaking the rules. If rent is unpaid, the process usually starts with a Five-day Pay or Quit notice.
For other serious violations, Virginia often uses a 21- and 30-day sequence. The tenant gets 21 days to fix the problem, and if it is not fixed, the lease can end after 30 days.
Always check the current law and your lease, since special programs or terms can change the steps you must follow.
Local logistics
Landlords who rent property within the City of Fredericksburg may need a business license. This is a licensing requirement and is separate from notice rules.
FAQ
My lease says “60-day notice” for a yearly lease—what controls?
Follow both your contract and the statute. If you own more than four units, the 60-day statutory non-renewal applies to fixed-term leases even if the contract is silent. For smaller portfolios, your lease might still require 60 days, but there is no separate statutory 90-day rule for year-to-year residential leases.
Do these notice periods apply to nonpayment cases?
No. Nonpayment follows a 5-day Pay-or-Quit before filing. Other lease violations follow different cure/terminate timelines.
Are email or text messages valid “written notice”?
Yes, if the lease authorizes electronic notice and you keep proof of delivery. Otherwise, use paper delivery consistent with the VRLTA and your lease.
Notice Done Right, Profit on Time
Control the clock or it will control your cash flow.Larger landlords must give 60 days’ written notice for fixed-term non-renewals. Month-to-month leases require 30 days’ notice before the next rent-due date. Electronic notice is acceptable if the lease allows it and you keep proof. Miss a deadline and the tenancy may continue, which can derail pricing, showings, and turnover plans.
Let Gem Realty handle the timing, notices, and documentation so you stay compliant and profitable. We audit your leases, create clear templates, calendar every deadline, and manage delivery from start to finish.
Get a free consultation and turn legal requirements into smooth, on-time transitions!
Additional Resources
Turning Your Primary Residence Into a Rental: IRS Rules and Tax Strategies
Top Real Estate Management Software for Landlords in Fredericksburg, Virginia
