Virginia Right to Cure: Can You Stop an Eviction by Paying the Rent You Owe?

Yes — and Virginia's version of this right is unusually strong. Virginia law gives tenants facing eviction for unpaid rent a statutory chance to stay housed by paying everything they legally owe. This is the tenant's right of redemption, informally called "pay and stay." It is not unlimited: Virginia sets the amount you must pay and the deadlines by which you must pay it, some smaller landlords are allowed to limit how often you use it, and it works differently for lease violations that have nothing to do with rent.

Does Virginia give tenants a right to cure a nonpayment eviction?

Yes. Virginia's landlord-tenant law treats unpaid rent as a special category of eviction. Unlike a lease violation (noise complaints, unauthorized pets, property damage), nonpayment is almost always something a tenant can fix by paying. Virginia's right of redemption reflects that by giving a tenant who is behind on rent a statutory opportunity to pay the full amount owed and remain in the home.

This is a real, meaningful protection, but it has boundaries. It applies to nonpayment cases (not to other grounds for eviction the landlord may also be pursuing), it requires paying a specific full amount, and it is tied to specific deadlines in the court process.

At what stage can a Virginia tenant pay to stop the eviction?

Virginia actually gives a tenant more than one chance to pay, and it matters which stage you are in:

1. Before the landlord files anything in court

Before a landlord can file an eviction lawsuit (an "unlawful detainer") for nonpayment, Virginia law generally requires written notice that rent is overdue and that the tenancy will end if it is not paid — commonly called a "pay or quit" notice. Paying the full amount stated in that notice during the notice window typically resolves the matter, and the landlord has no basis to file. Virginia's statutory notice period for nonpayment is short; treat any specific number of days you have seen online as something to confirm against the current Virginia Code and the notice the landlord actually gave you, because the exact deadline matters and should not be assumed.

2. After the case is filed — up to and on the first court date

If you do not pay during the notice period and the landlord files the unlawful detainer, the case gets a first court date (often called the "return date"). This is where the right of redemption is strongest. Under Virginia law, if you pay all rent due and owing as of the return date — together with late charges, court costs, and any attorney fees the lease and the law allow — before that court date, the court dismisses the case. If you cannot pay in full yourself but a government or nonprofit agency has committed in writing to pay on your behalf, Virginia lets you present that written commitment (a "redemption tender") to the court on the return date; the court then pauses the case for a short statutory window to allow the payment and dismisses it once paid. Confirm the exact length of that window with the court.

3. After a judgment — but before the sheriff carries out the eviction

Even after a landlord obtains a judgment for possession, Virginia does not automatically cut off your ability to pay and stay. Under Virginia law, you can generally still stop the physical eviction by paying the landlord everything owed — all rent owed as of the date you pay, plus any money judgment, damages, attorney fees, and court costs — up to a short, fixed cutoff before the sheriff executes the "writ of eviction." Virginia sets that final cutoff at a specific number of hours (commonly described as at least 48 hours) before the scheduled eviction; treat it as a hard, fast-moving deadline and confirm the exact cutoff and amount with the court, because once that window closes the eviction proceeds. Payment at this stage generally must be in guaranteed funds. Do not wait until the last day — the closer you are to the scheduled eviction, the less room there is for error.

What must you pay to redeem — just the rent, or more?

Redeeming a Virginia nonpayment case means bringing the account fully current, not just handing over back rent. What you owe generally includes:

• The unpaid rent due as of the relevant court or payment date — the full amount, not a partial or negotiated figure unless the landlord agrees.
• Late fees, but only if the lease actually authorizes them and the amount is consistent with the lease and Virginia law.
• Other charges or fees the rental agreement provides for.
• Court costs the landlord incurred, such as filing fees.
• Reasonable attorney's fees, in some cases, where the lease or law provides for them.

Do not guess the total. Virginia law entitles you to ask the landlord (or their attorney or managing agent) for a written statement of all amounts owed so you can pay the exact amount needed to redeem — request it in writing, and if a case has been filed, check the amount stated in the court filing too. Paying an amount you calculated yourself, without confirming it against what is actually being claimed, can leave you short and still facing eviction.

Can the landlord simply refuse a proper redemption payment?

Within the applicable window, a landlord generally cannot refuse a valid, full payment of everything legally owed as a way to push a nonpayment eviction through. But there are real limits worth knowing:

• A once-per-lease-period limit for some smaller landlords. There is no blanket rule that every Virginia tenant gets only one redemption per year. However, a landlord who owns four or fewer rental units (or an owner's managing agent) may limit a tenant to using the right of redemption once per lease period — but only if the landlord gave the tenant written notice of that limitation. Larger landlords, or landlords who did not give that written notice, generally cannot cap your redemption this way, so check whether the limit actually applies to your landlord before assuming you've "used it up."
• Partial payments don't count. If you pay less than the full amount legally owed, the landlord is not required to treat it as redemption, and the case can continue.
• Timing matters. If you try to pay after the deadline that applies to your stage (for example, after the cutoff before the scheduled eviction), the landlord may lawfully decline to treat the payment as stopping the eviction, even if they accept it toward the debt.
• Other grounds. If the landlord's case also states grounds beyond nonpayment, paying the rent alone may not resolve the whole case.

Because these rules are technical and the stakes are high, do not rely only on your own read of the situation — clerks in Virginia's general district courts can explain procedure (though they cannot give legal advice), and legal aid attorneys can tell you definitively whether your redemption right is still available.

What about lease violations that aren't about rent?

Everything above is specific to nonpayment of rent. Virginia treats other lease violations — like an unauthorized pet, an unauthorized occupant, noise or nuisance complaints, or property damage — very differently, and the cure rules are not the same.

For most non-rent lease violations, Virginia law generally requires the landlord to give the tenant written notice describing the violation and a period of time to correct or "cure" it. If the tenant fixes the problem within that window, the tenancy generally continues. If the tenant does not fix it, or if the same type of violation happens again within a set period afterward, the landlord may be able to terminate the tenancy without offering another chance to cure. This is sometimes described informally in Virginia practice as a "21/30" framework — a shorter window to fix the problem inside a longer notice period before termination — though you should confirm the exact time periods currently in effect rather than relying on a remembered number, since these details matter enormously to your case and can change.

Some violations are treated as serious enough that Virginia law allows a landlord to terminate without offering any opportunity to cure at all — for example, conduct that is willful, criminal in nature, or that poses a threat to health or safety. If your case involves anything other than simple nonpayment, do not assume a "pay and stay" style fix is available; get advice specific to your notice and your lease.

Practical steps if you're trying to redeem a Virginia nonpayment eviction

• Read whatever notice you received carefully, and note the date it was given, the amount claimed, and any deadline stated. Keep a copy.
• Confirm the exact amount owed in writing before paying — Virginia law lets you request a written statement of all amounts owed, so ask the landlord or their attorney for an itemized breakdown, and if a court case has been filed, check the amount stated in the court filing.
• Pay in guaranteed, traceable funds. Virginia's redemption statute generally requires payment by cashier's check, certified check, or money order — not cash. Keep proof of every payment.
• Get a receipt every time, and keep it. If the payment is meant to resolve the court case, try to get that in writing too, ideally something you can show the judge if there is any dispute later.
• Never ignore the court date. Even if you plan to pay and believe the matter will be resolved, show up at your scheduled court hearing (or file a written response if the process requires one) unless the case has been formally dismissed or withdrawn. A judgment can be entered against you if you simply skip court, even if you paid.
• Check whether a redemption limit even applies to you. Only a landlord with four or fewer units who gave you written notice can limit you to one redemption per lease period. If that doesn't describe your landlord, don't assume paying won't work — verify with the court or a legal aid attorney.
• Get legal help early, not at the last minute. Virginia has legal aid organizations that handle eviction defense at low or no cost, and many operate self-help resources and same-day intake for tenants with an active court date. The sooner you reach out, the more options you typically have — waiting until the day of your hearing sharply narrows what can be done.

The core takeaway for Virginia tenants: nonpayment evictions are usually the most fixable kind of eviction, because Virginia law is built around giving you a real chance to pay and stay — even, in many cases, after a judgment, right up to a short deadline before the sheriff acts. But that chance has real boundaries: it covers a specific full amount, it runs against firm deadlines, and some smaller landlords can limit how often you use it. Treat the amount and the deadlines as things to confirm precisely with the court or a Virginia legal aid attorney, not estimate.

Official Legal Sources for Virginia

This page is based on Virginia state landlord–tenant law. Laws change — verify the current text directly against the official sources below. This is general legal information, not legal advice.

• Virginia Residential Landlord and Tenant Act, Code of Virginia Title 55.1, Chapter 12 (§§ 55.1-1200 through 55.1-1262) — official Virginia statute.
• Code of Virginia § 8.01-126 (Summons for unlawful detainer; eviction process)
• Code of Virginia § 55.1-1226 (Security deposits)
• Code of Virginia § 55.1-1220 (Landlord to maintain fit premises)
• Virginia Department of Housing and Community Development (DHCD) - Tenant and Landlord Resources — official state resource.

Local ordinances may apply. This page covers Virginia state law. Your city or county may add protections — such as rent control, just-cause eviction, rental registration, or stricter housing codes — that change these rules. Check your local city or county ordinances.