The 2026 General Assembly passed a new law that changes how termination notices and unlawful detainers will work for residential tenancies.  

The new law has a DELAYED ENACTMENT DATE of July 1, 2027, but it is good to start getting ready sooner than later for the change.  

Current law requires a proper termination notice before a court enters an order of possession. The new law moves that requirement to the front of the case. A landlord may not file or maintain an unlawful detainer action against a residential tenant for any alleged lease violation until the tenant has received a proper and effective termination notice. The court also may not enter an order of possession or any judgment for the landlord without the notice in evidence.  

Under the new law, a termination notice for nonpayment of rent is not effective unless it includes a written statement of all charges and payments over the tenancy or the past 12 months (whichever is shorter), plus any late charges, attorney fees, costs, and other amounts contracted for in the lease that are due and owing. If the lease uses submetering, energy allocation equipment, or a ratio utility billing system, the notice must also show the tenant’s utility debits and credits. 

To prepare for this change, best practices include auditing your nonpayment notice templates and confirming your property management software can generate a compliant ledger.  

Cases filed before July 1, 2027 are governed by current law. After that date, your notices need to comply with the new law.  

If you have questions about any new laws, please contact the Virginia REALTORS® Legal Hotline.