Virginia Landlord-Tenant Law: Overview of Rights 2024

Packed with dense forests, bustling cities, and fascinating historical sites, Virginia offers much to love for landlords and tenants. But before you decide whether to rent or manage property in Virginia, you should get to know the state of Virginia landlord-tenant law.

Landlord-tenant law covers factors such as security deposits, late rent fees, and mandatory disclosures, ensuring both parties’ fair and legal treatment. Here, we’ll explore the particulars of Virginia tenant rights in 2024 and share everything you should know as both a landlord and a tenant.

Read on to learn the intricacies of landlord-tenant law in Virginia.

Key Findings: Virginia Landlord-Tenant Rights & Responsibilities

Landlords and tenants in Virginia both have certain rights and responsibilities that govern the landlord-tenant relationship.

We’ve summed up some of those essential points here.

Virginia landlords have the right to:

• Charge a nonrefundable application fee to cover background checks with a $50 maximum as described below
• Charge a security deposit to cover property damage and unpaid rent
• Charge rent and late fees for delayed rent
• Enter the property to conduct maintenance or show the property
• Evict tenants who violate the lease terms or don’t pay rent

Virginia landlords are responsible for:

• Maintaining safe, habitable housing in adherence with housing, zoning, and building codes
• Making necessary repairs to their dwelling units
• Maintaining any provided amenities in good working condition
• Providing 72 hours’ notice of intent to enter the property for non-emergency reasons
• Adhering to lease terms

Virginia tenants have the right to:

• Safe, habitable housing regardless of race, gender, religion, etc.
• Request necessary repairs to dwelling units
• 72 hours’ notice before the landlord enters a property for non-emergency reasons
• Make formal complaints about landlords without retaliation
• Receive any unused portions of their security deposits after moving out

Virginia tenants are responsible for:

• Making rent payments on time
• Paying late fees for delayed rent
• Maintaining dwelling units in clean, habitable condition
• Allowing landlords reasonable entry to the premises
• Adhering to lease terms

Best Practices for Screening Prospective Tenants

Landlords in all states should thoroughly screen prospective tenants before forming a rental agreement. Virginia landlords may charge a nonrefundable rental application fee to cover screening costs, which cannot exceed $50. Furthermore, landlords in Virginia may charge a refundable application deposit that must be returned to the tenant if the tenant does not rent the unit.

Landlords must obtain a signed consent form before initiating a background check and may inquire about a tenant’s credit and criminal history. However, landlords may not refuse to rent to all applicants with criminal histories; instead, landlords should consider each applicant on a case-by-case basis and apply criminal screening processes equally to all tenants.

Landlords may also deny prospective tenants based on low credit scores as long as these standards are applied equally to all tenants.

To thoroughly check a tenant’s rental history, try TurboTenant’s Tenant Screening features.

Compliance with Fair Housing Laws in Virginia

Federal and state fair housing laws allow renters to seek housing equally regardless of factors like race, gender, sexual orientation, and more. Landlords must avoid committing housing discrimination lest they face significant civil penalties.

What actions are considered housing discrimination?

Refusing to rent to a prospective tenant based on factors such as color, familial status, and disability is considered housing discrimination. So is advertising using discriminatory language, screening specific tenants differently, harassing prospective tenants of a particular background, and applying harsher lease terms to certain tenants.

Discriminatory rental practices can lead to sizable civil penalties for landlords and may also exclude worthy tenants from renting their property.

How can discrimination be avoided in rental practices?

Landlords must advertise to, select, and rent to all tenants equally, regardless of personal feelings about a tenant’s age, source of funds, or gender identity. Landlords must also make reasonable accommodations for individuals with disabilities to apply for and rent a dwelling unit.

Additionally, landlords must thoroughly train all staff to avoid discrimination in rental practices, as landlords may be held liable for discriminatory acts committed by employees.

What are the repercussions for fair housing violations?

Landlords who violate fair housing practices could face civil litigation from tenants or applicants and fines of up to $100,000. When facing accusations of discrimination, landlords must gather evidence to the contrary and seek guidance from an attorney to secure the best possible outcome.

Virginia Lease Agreements

According to the Virginia Residential Landlord Tenant Act (VRLTA), landlords should provide tenants with a written Virginia lease agreement. However, if a written lease is not given, the VRLTA provides a statutory 12-month lease that cannot be renewed automatically.

Leases may be executed on a week-to-week or month-to-month basis or as fixed-term contracts. Week-to-week and month-to-month leases typically renew automatically until one of the parties decides to terminate the agreement. Meanwhile, fixed-term leases expire on a specific date, at which point they may be renewed or terminated.

Which lease terms are legally required in Virginia?

The state of Virginia requires landlords to include the terms and conditions of the rental unit and the landlord-tenant relationship in a lease. Additionally, landlords must provide tenants with the Department of Housing and Community Development’s statement of tenant rights and responsibilities.

What constitutes legal renting in Virginia?

Tenants are considered legal renters when they pay rent regularly. Rental agreements must contain information regarding late rent fees, if any, and may not contain terms that waive tenants’ rights or landlords’ legal liability.

In addition to adhering to building codes and health ordinances, rental properties must have 70 square feet per bedroom or 50 square feet per occupant if the room has multiple occupants (per Virginia Code § 36-105.4). Landlords may limit bedroom occupancy to no less than two tenants.

What tenant documentation is required?

When applying to rent a property, tenants should be ready and able to provide a valid ID, proof of income, and references if the landlord requires. Tenants may also be asked to sign a consent form for a background check.

Upon entering a rental agreement, landlords and tenants must maintain thorough records of all transactions to ensure proper documentation of lease terms and acknowledgment of both parties’ legal rights.

What are the mandatory landlord disclosures in Virginia?

Virginia landlord-tenant law requires landlords to make several disclosures, including:

1. Landlord’s name and address
2. Statement of tenant rights and responsibilities
3. Move-in checklist
4. Fee disclosure statement
5. Lead-based paint
6. Mold disclosure
7. Shared utilities
8. Electronic notices
9. Methamphetamine contamination
10. Military (air) zone
11. Defective drywall
12. Demolition or displacement
13. Statement of acceptance of rent with reservation

Compared to many states, Virginia requires one of the highest numbers of required disclosures in the United States.

Remember that failing to make these disclosures could result in premature termination of the lease agreement and expose landlords to civil lawsuits.

Security Deposits in Virginia

Under Virginia law, landlords must charge a security deposit at the time of tenant move-in. This sum may be used by the landlord to cover unpaid rent and repair significant damages that exceed normal wear and tear.

What are the guidelines for security deposit collection?

Per the state of Virginia landlord-tenant law in 2024, landlords may charge a maximum of two months’ rent as a security deposit. Landlords must also provide a checklist detailing the condition of the apartment at the time of move-in so tenants are not unfairly charged for damages.

Though Virginia tenant rights do not require a security deposit receipt, landlords should provide tenants with a receipt showing which institution holds the deposit. This provides a written record confirming a tenant’s payment of a security deposit and the amount paid so the landlord can return the proper sum.

When can deductions be made from security deposits?

Landlords may use security deposits to cover unpaid rent, damages suffered due to the tenant breaching lease terms, and damage that exceeds normal wear and tear. However, if landlords make any charges against a security deposit, they must maintain itemized statements of any deductions for up to two years.

How should security deposits be returned?

Virginia landlord-tenant law requires landlords to provide itemized statements of any deductions from the security deposit within 30 days of the deduction occurring. When a tenant moves out, landlords must return any unused portions of the deposit and provide an itemized statement for deductions within 45 days of the tenant’s departure.

Landlord Maintenance Responsibilities in Virginia

Landlords must complete necessary repairs to their dwelling units as part of their responsibility to provide safe, habitable housing. Failure to do so could result in civil penalties or the inability to rent their property.

What are the legal standards for property conditions?

Landlords in Virginia must always ensure that their rental properties meet all health, building, and safety ordinances. They must also maintain their properties and any utilities or equipment that they may have supplied, such as heating, plumbing, and elevators.

What is the proper protocol for repairs?

To receive repairs, tenants must provide landlords with written notice of the requested repairs and allow the landlord a reasonable amount of time in which to complete the request. If the landlord does not complete the request, a tenant may then file a Tenantʼs Assertion in General District Court no later than 5 days after the due date for rent.

Landlords must make any emergency repairs within 14 days. If not, tenants may hire a licensed contractor to conduct the repair for no more than $1,500 or one month’s rent, whichever is greater. The tenant can then deduct the cost from their rent.

Do landlords need to give tenants advance notice before accessing a rental property?

Virginia tenant rights require landlords to provide 72 hours’ notice before entering a property to conduct repairs, inspect the dwelling, or show it (no notice is required in case of an emergency). If the landlord fails to provide proper notice, the tenant may obtain an injunction to prevent the landlord from entering the property and may terminate the lease agreement without penalties under Virginia Code § 55.1-1210. The landlord may also be liable for damages and the tenant’s attorney fees.

Late Rent Fee Regulations

Virginia does not require landlords to allow a grace period for late rent, so a late fee may be charged as soon as the tenant fails to pay rent. However, the lease must outline such fees and are limited to 10% of the monthly rent or 10% of the unpaid balance, whichever is less.

Rent Control in Virginia

Rent control strictly limits the maximum amount that landlords may charge for rent, while rent stabilization laws allow incremental rent increases. However, neither rent control nor rent stabilization exists in Virginia as of 2024, so landlords may raise rent by any amount deemed fit.

That said, landlords must wait until the end of a lease term to raise rent and must provide notice of the expected increase. A relatively new state of Virginia landlord-tenant law requires landlords with more than four rental units to give 60 days’ notice of an expected rent increase.

Lease Renewal and Termination

Leases of a year or more renew automatically on the same terms unless either the landlord or the tenant provides 60 days’ notice of their intent not to renew the lease. Landlords are not required to allow tenants to renew expiring leases.

If a tenant departs before the lease’s expected end, aka breaking a lease, they generally must continue paying rent until the lease’s original end date or until the landlord finds a new tenant for the dwelling unit. However, a tenant may break a lease without continuing to pay rent in certain situations, such as leaving for active-duty military service, if the tenant is a victim of domestic violence, or if the landlord harasses the tenant.

Landlords may also break a lease due to a change in use, such as the intent to move into a property or convert it for another commercial reason. In these cases, landlords must provide 180 days’ notice to tenants.

Eviction Procedures for Virginia Landlords

Landlords should always try to resolve issues directly with tenants before resorting to eviction, but in some cases, the procedure may become necessary. Virginia landlords should know the specific laws governing the eviction process here, as laws vary from state to state.

What justifications exist for eviction?

Landlords may legally evict tenants for many reasons, including nonpayment of rent, violation of lease terms, or illegal activity. To remove a tenant from the premises, landlords must conduct a formal eviction process, which includes an unlawful detainer lawsuit.

As a result, landlords should strengthen their case by thoroughly documenting evidence of all behaviors that have led to the eviction.

What is the eviction process in Virginia?

To evict a tenant, landlords must take the following steps:

• Deliver a written notice to the tenant 5 days (unpaid rent) or 30 days (other lease violations) in advance of the lease termination
  • If the tenant rectifies the issue within the given time frame, eviction proceedings must halt
• The court summons the tenant
• The tenant and landlord appear in court to present evidence and receive a judgment
• The landlord receives a judgment for possession
• If the tenant does not appeal the decision within 10 days, the landlord may then ask the court for a writ of eviction, instructing the sheriff to remove the tenant
• After receiving the writ of eviction, the sheriff delivers an eviction notice to the tenant at least 72 hours before the eviction takes place
• The sheriff returns to remove the tenant and change the locks

Landlords must not attempt self-help eviction methods, such as lockouts or utility shutoffs, to remove a tenant.

How is property reclaimed after eviction?

After the tenant has been removed from the property and the sheriff has changed the locks, the landlord may undertake any additional methods necessary to secure the property against the tenant’s return. However, if the tenant abandons belonings when they depart, landlords must permit the tenant to return to reclaim their belongings.

Virginia landlord-tenant law § 55.1-1254 requires a period of just 24 hours for the tenant to return for their abandoned property. After those 24 hours have passed, landlords may dispose of the items as they see fit.

Virginia Ordinances for Landlords and Tenants

This article provides an overview of Virginia landlord-tenant laws. For more specific ordinances, visit the website of Virginia’s official legislation. As laws may also vary by county or city, landlords and tenants in Virginia should use resources like Municode and American Legal Publishing to find regulations specific to their areas.

Federal Landlord-Tenant Laws

Federal landlord-tenant laws such as the Fair Housing Act and the Americans with Disabilities Act also impact rental housing in Virginia, so landlords and tenants must be familiar with all federal housing regulations in addition to state and local laws. For additional resources, visit the Consumer Financial Protection Bureau or the Department of Housing and Urban Development.

Managing Tenant Legal Disputes as a Virginia Landlord

Landlord-tenant disputes should be approached with a thorough knowledge of all applicable laws. But if further legal action is required, both parties should consult with legal resources like the ones listed below:

• Virginia Poverty Law Center: Runs a Virginia tenant rights hotline and provides litigation support via VA Legal Aid
• Legal Services Corporation of Virginia: Provides free civil legal assistance and representation to low-income Virginians
• Local legal aid societies: Provide civil legal aid across the state of Virginia

Navigate Your Landlord-Tenant Relationship with TurboTenant

To better navigate the finer points of Virginia landlord-tenant laws and Virginia tenant rights, landlords can use TurboTenant’s free property management software. Our top features include:

• Rental applications to streamline the process of finding new tenants
• Thorough tenant screenings so you can rent to trustworthy individuals
• Easily customized lease agreement templates
• Rent collection software to keep track of rent payments

To learn more, sign up for a free TurboTenant account.

Disclaimer: TurboTenant does not provide legal advice. This material has been prepared for informational purposes only. All users are advised to check all applicable local, state, and federal laws and consult legal counsel should questions arise.

State of Virginia Landlord-Tenant Law FAQ