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Virginia · Moving out

Virginia notice to vacate — the 30 days rule and a free letter

Virginia keeps both sides of a month-to-month tenancy on the same clock: either the landlord or the tenant may terminate by serving written notice at least 30 days before the next rent due date, unless the rental agreement sets a different notice period (Va. Code § 55.1-1253(A)). The anchor is the rent due date, not a floating 30-day countdown — with rent due on the 1st, a notice served by September 1 ends the tenancy September 30, while a notice served September 5 pushes you to October 31. The Virginia Residential Landlord and Tenant Act covers nearly all residential rentals in the state, so this rule applies whether you rent in Richmond, Virginia Beach, or Roanoke. After you leave, § 55.1-1226 gives the landlord 45 days from termination or the day you vacate (whichever is later) to return your deposit with an itemized statement, and the deposit itself is capped at two months’ rent.

30 daystenant month-to-month notice · Va. Code § 55.1-1253(A)

Not legal advice — general information for Virginia. Last reviewed: July 2026.

Notice-period check

Your date clears the state minimum

September 1, 2026 gives 35 days' notice — at or above Virginia's 30 days minimum for month-to-month tenants (Va. Code § 55.1-1253(A)). If your lease requires more, the lease controls.

Most statutes count notice to the end of a rental period — if rent is due on the 1st, plan to move out on the last day of a month.

[Tenant name(s)]

[Rental address]

July 28, 2026

[Landlord / property manager name]

Landlord / Property Manager

RE: Notice of intent to vacate — [Rental address]

Dear [Landlord / property manager name],

Please accept this letter as my written notice of intent to vacate the rental unit at [Rental address]. My tenancy will end and I will deliver possession of the premises no later than September 1, 2026. This provides at least 30 days of written notice, as required for month-to-month tenancies in Virginia (Va. Code § 55.1-1253(A)).

I will remove all personal belongings, return all keys and access devices, and leave the unit in clean condition, normal wear and tear excepted. Please contact me to schedule a move-out inspection.

I will provide a forwarding address for the return of my security deposit before my move-out date.

This notice is delivered via certified mail with return receipt requested on July 28, 2026.

Sincerely,

[Tenant name(s)]
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Virginia notice rules

  • ✓Serve written notice at least 30 days before the NEXT rent due date — with rent due the 1st, notice in the landlord’s hands by September 1 ends the tenancy September 30.
  • ✓Your rental agreement can set a different notice period, and the agreement controls — read it before you count backward from your move-out date.
  • ✓Deliver so you can prove the date: hand delivery with a dated copy, or certified mail with return receipt.
  • ✓The deposit is capped at two months’ rent (§ 55.1-1226), and the landlord has 45 days from termination or the day you vacate — whichever is later — to return it with an itemized list of deductions.
  • ✓A landlord may only apply the deposit to unpaid utilities if you got written notice of that intent at least 15 days before the itemized statement (§ 55.1-1226).
  • ✓Put your forwarding address in the letter so the itemized statement and refund reach you inside the 45-day window.

For landlords

The landlord side mirrors yours: 30 days’ written notice before the next rent due date under § 55.1-1253(A). Virginia has no statewide just-cause or rent-control regime, so a landlord can non-renew a month-to-month tenancy with the same 30-day notice — check your lease for anything longer.

Worked example with real dates

Keisha rents month-to-month in Richmond at $1,650 with rent due on the 1st, and she wants to be out by September 30, 2026. Virginia counts 30 days back from the next rent due date, so her written notice must reach the landlord by September 1 — she hands it over on Friday, August 28, naming September 30 as her last day, and the date checker clears it. Had she waited until September 5, the notice would be short of the October 1 rent date and the tenancy would run through October 31, with October’s $1,650 owed. She includes her new Norfolk address in the letter: § 55.1-1226 gives her landlord until 45 days after termination or move-out — mid-November here — to return her $2,400 deposit or an itemized statement.

Virginia notice to vacate FAQ

Is Virginia’s 30 days counted from delivery or from the rent due date?

From the rent due date. Va. Code § 55.1-1253(A) requires the notice to be served at least 30 days prior to the NEXT rent due date, so the tenancy ends at the close of a rental period. With rent due the 1st, a notice served August 20 ends the tenancy September 30 — but a notice served September 5 is too late for October 1 and pushes you to October 31.

Can my lease require more than 30 days’ notice in Virginia?

Yes. § 55.1-1253(A) applies “unless the rental agreement provides for a different notice period,” so a lease clause requiring 45 or 60 days’ notice controls. Read your agreement before you set a move-out date — the generator lets you enter the longer period if your lease demands one.

How long does a Virginia landlord have to return my security deposit?

45 days after the termination date of the tenancy or the date you vacate, whichever occurs last (Va. Code § 55.1-1226), together with an itemized statement of any deductions. The deposit itself can never exceed two months’ periodic rent, and you have the right to inspect the landlord’s records of deductions.

Does my Virginia landlord need a reason to end my month-to-month tenancy?

Generally no. Virginia has no statewide just-cause requirement for ending a month-to-month tenancy — the landlord owes you the same 30-day written notice before the next rent due date that you owe them (§ 55.1-1253(A)). Retaliation for exercising legal rights and discrimination under fair-housing laws are still prohibited grounds.

Sources

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