[VA] Can a landlord require a verbal month-to-month tenant to vacate by Dec 31 if notice is served Dec 1?

Lexi, Chatbot

I understand that dealing with tenant eviction can be a stressful situation. Have you already provided the tenant with a formal eviction notice?

Lexi, Chatbot

What specific reasons are you citing for the eviction?

Benjamin

Hey there! I’m Benjamin, an attorney with many years of experience.

I understand you’re dealing with a situation involving evicting your basement tenant in Virginia. Is that correct? Could you share more about any specific concerns or questions you have? What is the reason they are being given a notice to vacate? Just ending the month-to-month?

Benjamin

If the tenancy is month-to-month, Virginia law (Va. Code § 55.1-1253) requires a full 30-day written notice prior to the next rent-paying period.

Since he pays rent monthly, the law treats the tenancy periods as calendar-month cycles.

If you serve notice on December 1:

• The earliest lawful termination date is January 31
• His move-out deadline is 11:59 p.m. on January 31

Not December 31.

You cannot force a move-out on December 31 under a month-to-month tenancy. The law requires the notice to apply to the end of the next full rental period, which is January.

If rent is due today and he does not pay:
This would be nonpayment of rent for December, since you indicated he pays at the beginning of the month.

You have two separate options:

Option A — Keep your nonrenewal notice (Jan 31 end date):

You can allow the notice to run and separately serve a 5-day pay or quit notice.
If he doesn’t pay within five days, you may file for eviction for nonpayment.

This eviction process often moves faster than simply waiting until Jan 31.
Both notices can run at the same time.

Option B — Nonpayment eviction for speed:

If speed is your priority, a nonpayment eviction can remove him faster than waiting out the notice period.

Typical timeline:

• Serve 5-day pay or quit on Dec 1
• File unlawful detainer around Dec 7
• First court date in 2–3 weeks
• Writ of eviction 10 days after judgment
• Sheriff executes eviction 1–2 weeks later

Total: approximately 3–6 weeks, depending on court schedules.

For maximum protection, you can do both:

1. Serve a 30-day notice to terminate (ending Jan 31), and

2. Serve the 5-day pay or quit if rent is unpaid.

Benjamin

That is not considered paying in advance under Virginia law. That is simply paying rent when it is due. Paying in advance would mean prepaying future months.

Regardless, the steps outlined above still apply to your situation.