Virginia Demand Letter

Under Va. Code § 8.01-246, written contract claims must be filed within 5 years of breach. Oral contract claims have a 3-year limitation period. A demand letter does not toll the limitations period — if negotiations fail, file suit before the deadline.

A demand letter is not generally required before filing civil suit in Virginia. However, Virginia General District Court rules suggest sending demand letters for consumer debt claims, and it is required practice before filing in small claims court. It also demonstrates good faith.

Virginia follows the American Rule — attorney's fees are not recoverable unless a contract or statute provides for them. Include a fee-shifting clause in your contracts. Under the Virginia Consumer Protection Act, prevailing plaintiffs may recover fees in deceptive practices claims.

For commercial unpaid rent, state the lease terms, the amounts due by month, any applicable late fees, and the contractual default cure period. Reference the specific lease provisions for default and landlord's remedies. Virginia commercial landlords can pursue eviction (unlawful detainer) and simultaneously sue for unpaid rent.