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Forty-five days before a lease ends, you decide to raise the rent or not renew. Too late! If the lease has an option or automatic renewal, and you own more than four rental units in Virginia (or hold over 10% in more than four), State law requires 60 days’ written notice.
Miss that window and you risk an unwanted renewal or being stuck at last term’s rent.
This guide shows when the 60-day rule applies (and when it doesn’t), how to serve a notice that sticks, and a simple timeline you can reuse every season.
When the 60-Day Rule Does Not Apply
60 days isn’t for everyone. For most month-to-month rentals, Virginia requires 30 days’ written notice before the next rent due date, unless your lease sets a different period (§55.1-1253). If there’s no written lease and the tenancy exists by default, the 60-day renewal rule doesn’t apply.
There’s one narrow multifamily exception: if you plan mass non-renewals at a single property (the greater of 20 tenants or 50% within 30 days), you must give 60 days’ notice. Think of it as a consumer-protection backstop, separate from the renewal-clause rule.
How to Serve Notice and Prove It
Use the notice methods your lease allows and always keep proof. If the lease permits electronic notice (email or portal), you can use it, but save evidence like a read receipt or delivery confirmation.
Tenants can request paper notices instead of electronic ones; if they do, switch to paper for future notices and keep mailing or hand-delivery proof. Mailing or hand-delivering a paper notice is always acceptable. These rules come from Va. Code §55.1-1202.
A Quick Checklist for Williamsburg Landlords
- Know your size. If you own more than four rentals in Virginia (or hold over 10% in more than four) and the lease has an option or auto-renewal, you must give 60 days’ written notice to not renew or to raise rent.
- Check the renewal clause. Make the steps and deadlines crystal clear. You can be stricter than the law, but you can’t go shorter than the 60-day minimum when it applies.
- Work backward. Calendar renewal decisions 75–90 days before the end date so you have time to draft, review, and send notices without rushing.
- Serve it right, save receipts. Use the notice methods your lease allows (mail, hand-delivery, or approved electronic) and keep proof of delivery in case of a dispute.
- Month-to-month plan. Unless your lease says otherwise, assume 30 days’ written notice before the next rent due date for month-to-month tenancies.
Master the 60-Day Rule
If your lease has an option for auto-renewal and you own more than four units (or over 10% in more than four), you must give 60 days’ written notice to non-renew or raise rent.
For month-to-month tenancies, plan on 30 days’ notice unless your lease says otherwise. Use clear templates, calendar decisions 75–90 days out, serve notice by the methods your lease allows, and keep proof of delivery.
At One Door Realty, we will audit your leases, build compliant templates, set renewal reminders, serve notices properly, and maintain accurate records.
Reach out to us to turn renewal deadlines into clockwork and safeguard your cash flow!
FAQ
What if I miss the 60-day deadline?
The lease may auto-renew or lock in old terms, so you’ll likely have to wait until the next lawful window to change or end it.
Does the 60-day rule apply to month-to-month leases?
Generally, no, use 30 days’ written notice unless your lease says otherwise, with a narrow 60-day requirement only for mass non-renewals in certain multifamily cases.
I only own two rental units; do I owe 60 days?
No, the 60-day rule triggers only if you own more than four units (or over 10% in more than four) and the lease has an option or auto-renewal.
Can I change rent or policies at renewal with 60 days’ notice?
Yes, for rent increases when the rule applies; other policy changes require both parties’ written consent under the lease.
