The issue is whether or not the tenant has received service of the 5 day notice. The facts as presented by you are that the notice was dispatched, but you do not have any proof that the tenant received the notice. When the court requires proof, you will not be able to provide it, and your action can be dismissed, and you will have to start over.
With regards to delivering it personally, this is not recommended; typically the sheriff department has a civil enforcement division which can serve the notice for you.
Good Luck and if you need further information, feel free to contact me.
Sam Mansoor, Attorney
Mansoor Law Firm, PLLC
50 Catoctin Circle NE #301
Leesburg, VA 20176
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