Pay or Quit Requirement for Residential Unlawful Detainer Extended to 14 Days
On April 8, 2026, the Virginia General Assembly approved an amendment to Virginia Code § 55.1-1245 (1950, as amended), extending the time tenants have to pay unpaid rent from five (5) to fourteen (14) days for residential leases. The amended statute takes effect starting July 1, 2026.
Section 55.1-1245 of The Code of Virginia requires a landlord to serve a tenant who has failed to pay his or her rent on time with a written notice notifying the tenant of the following: (1) the nonpayment; and (2) residential the landlord’s intention to terminate the lease if the rent is not paid within the statutory required number of days. Under the amended statute, a landlord must now give the tenant fourteen (14) days after receiving the written notice to pay rent before the landlord can terminate the written lease or rental agreement and bring an unlawful detainer action against the residential tenant in Virginia General District Courts.
As a take-away, those who practice in the landlord-tenant arena need to ensure that pay or quit and cure notices are now revised before July 1, 2026, to provide for fourteen (14) days instead of five (5) days. The time required before the eviction trigger can be pulled is nearly three (3) times longer now in Virginia.
Please contact a member of K&C’s Consumer Finance Team to ensure your forms are compliant and to be sure you are prepared for Virginia’s statutory change.
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The contents of this publication are intended for general information only and should not be construed as legal advice or a legal opinion on specific facts and circumstances. Copyright 2026.
