The Virginia timeline, with dates
Here is the order of events when rent due on the 1st goes unpaid, using Virginia's numbers and an example notice served on the 5th.
- The 1stRent is due (the example due date used throughout this page).
- Late feeLate charge only if provided in the written lease; capped at the lesser of 10% of periodic rent or 10% of the balance owed. With no written lease, rent is late after the 5th of the month.
- The 5th (example)You serve the notice: 14-day written notice to pay rent or the rental agreement terminates (Va. Code § 55.1-1245(F)).
- Not before the 19thThe 14-day period runs out. The exact last day depends on how the statute counts days and on how the notice was delivered.
- Earliest filingIf rent is still unpaid once the notice period has fully run, you can file an eviction case.
The dates are the earliest the numbers allow, not a promise: how days are counted, weekends, and the way the notice is delivered can all push them later. Read Va. Code § 55.1-1245(F) before you serve anything.
The notice for unpaid rent
14-day written notice to pay rent or the rental agreement terminates. Va. Code § 55.1-1245(F)
Among the 31 states we have verified, 24 require less notice (3 of them none at all), 5 others use the same 14 days as Virginia, and none require a longer one. Among states that require a notice, the median is 7 days.
Late fees and the grace period
Late charge only if provided in the written lease; capped at the lesser of 10% of periodic rent or 10% of the balance owed. With no written lease, rent is late after the 5th of the month. Va. Code § 55.1-1204(E), (C)(4)-(5)
Statutory limit: Lesser of 10% of the periodic rent or 10% of the remaining balance due.
| Monthly rent | Maximum late fee |
|---|---|
| $1,000 | $100 |
| $1,500 | $150 |
| $2,500 | $250 |
Assumes the whole month's rent is unpaid and the lease provides for a late fee.
Virginia is in the minority with a statutory limit. 12 of the 31 verified states cap late fees by statute, and 10 set a grace period before one can be charged.
What else to know in Virginia
Notes from our review: Nolo still lists 5 days - outdated. Landlords owning more than 4 units must offer a payment plan when no more than one month's rent (plus late charges) is owed (§ 55.1-1245(G)). Versions effective July 1, 2027 keep the 14-day period.
Cities and counties can add their own rules on top of the state’s. At “covered properties” under the federal CARES Act — generally those with a federally backed mortgage or federal subsidies — a 30-day notice to vacate for nonpayment is required in every state.
Virginia and its neighbors
| State | Notice | Grace period | Late-fee cap | Source |
|---|---|---|---|---|
| Virginia | 14 days | None statewide | 10% (lesser of two bases) | Verified |
| Kentucky | 7 days | None statewide | No statutory cap | Unverified |
| Maryland | 10 days | None statewide | 5% of rent | Verified |
| North Carolina | 10 days | 5 days | Greater of $15 or 5% | Verified |
| Tennessee | 14 days | 5 days | 10% of rent | Under review |
| West Virginia | No pre-filing notice | None statewide | No statutory cap | Verified |
| District of Columbia | 10 days | 5 days | 5% of rent | Under review |
Notice periods across the 31 verified states
| Notice before filing | States |
|---|---|
| No pre-filing notice | 3 |
| 3 days | 10 |
| 5 days | 3 |
| 7 days | 3 |
| 10 days | 5 |
| 14 days | 6 |
| No fixed number | 1 |
Sources
- Notice for unpaid rent: Va. Code § 55.1-1245(F)
- Late fees and grace period: Va. Code § 55.1-1204(E), (C)(4)-(5)
- Status: verified — the notice rule was read in statute text (or a verbatim copy of it) for our September 14, 2026 review.