Virginia Landlord-Tenant Law 

Landlords and tenants in Virginia are both subject to the state's landlord tenant laws. Rental laws cover everything from lease agreements to security deposits to evictions. These laws help regulate landlord-tenant relationships and ensure fair outcomes for both parties. In this article, we'll review some of the most important landlord-tenant laws that all property owners should know in Virginia.

Virginia's landlord tenant laws can be found in the Virginia landlord tenant act, found here. However, these laws are subject to change, and the summary we provide below is by no means exhaustive. For questions about Virginia's laws, be sure to do your own research and seek legal advice for help navigating landlord-tenant disputes.

Additionally, keep in mind that the laws we cover in this article are Virginia's state statutes only. Your city or locality may have its own regulations for leases and rental properties. Local landlord tenant laws may be stricter or include more regulations than state ones. Violating local, state, or federal housing laws could result in fines, lawsuits, or other penalties.

Disclaimer: Innago does not provide legal advice. The content and materials provided in this article are for general informational purposes only and may not be the most up-to-date information.

NEW! 2025 Virginia Rental Laws

Last year, several new landlord-tenant laws passed in Virginia. Below are a few of the most relevant new laws for Virginia landlords:

• Disclose Fees (SB 405): Landlords are now required to list all fees charged to tenants on Page 1 of the lease agreement.
• Copies of Rental Agreement (HB 1272): Virginia landlords are now required to provide tenants with a signed copy of the lease within 10 business days of the effective date. Tenants can request extra hard copies or digital copies with no additional charge.
• Late Fees for Mobile Home Lot Rent (HB 572): Among several changes, this law limits late fees on mobile home lot rent to 10% of the owed amount.
• Unlawful Detainer Action Amendment (HB 86): Landlords in Virginia can now amend the amount due in an unlawful detainer case until the court date. They should do this instead of filing additional warrants in debt against the tenant.
• Protections for Victims of Abuse (HB 764): Tenants with a permanent protective order can now terminate their rental agreement obligations with proper written notice. Previously, tenants who were victims of family, sexual, or criminal abuse/assault were only permitted to do so with a family abuse protective order or conviction.
• Routine Maintenance Notice Requirement (HB 701): Landlords must now notify residential tenants at least 72 hours’ in advance of entering a rental unit for routine maintenance. The work must be completed within 14 days of delivery of the notice.
• Landlord Liability for Building Code Violations (HB 957): If a building code violation risks a tenant’s health, safety, or welfare and leads to that tenant being excluded from the property due to its being condemned, the landlords is now responsible for paying the tenants’ actual damages and reasonable attorney fees if a building.
• Emergency Eviction Hearings (HB 1482): Landlords who file for eviction against a tenant with no lease (or squatters without permission to be living in the unit) can now be granted an emergency hearing, as long as they give written notice to vacate at least 72 hours prior to filing.

Virginia Quick Facts

Rights and Responsibilities of Virginia Landlords and Tenants

Both the landlord and tenant in a Virginia rental agreement have rights and responsibilities under the law. The lease agreement is the first place you should look if a question or dispute comes up with a tenancy, but remember that you can only enforce your lease's terms if they are compliant with state and federal laws. Paying careful attention to these laws will not only foster better relationships with tenants, but also increase overall retention and satisfaction.

Below is a brief overview of the rights and responsibilities of both landlords and tenants in Virginia.

Virginia landlords have the right to:

• Charge rent as outlined in the lease agreement.
• Collect and hold a security deposit for the lease duration. In Virginia, security deposits are limited to 2 month's rent.
• Use the security deposit to cover unpaid rent, excessive property damage beyond normal wear and tear, or outstanding fees when the lease ends.
• Screen all potential tenants, including those added later.
• Access the rental unit when needed for inspections, repairs, showings, etc.
• Initiate eviction proceedings if the tenant fails to pay rent, violates the lease, or engages in illegal activities.
• Establish and enforce lease rules (e.g., pets, guests, parking), provided they comply with Virginia state rental laws.

Virginia landlords are responsible for:

• Ensuring rental properties are safe and habitable, with functional plumbing, electricity, heating, cooling, and structural integrity.
• Meeting with all health, safety, and building code requirements. The Virginia Uniform Statewide Building Code (USBC) can be found here.
• Addressing maintenance and repairs within a reasonable timeframe—typically within 24-48 hours for urgent issues and around 30 days for non-essential repairs.
• Complying with fair housing laws at both the state and federal levels, particularly during tenant screening.
• Providing advance notice before entering a rental unit. Virginia landlords must give tenants at least 72 hours' notice before entering unless the tenant requested maintenance. 
• Maintaining common areas like hallways, parking areas, laundry rooms, and other common-use facilities.
• Paying property taxes and insurance, even if these costs are reflected in rent pricing.
• Following Virginia's legal eviction process, which requires a court order and must follow state-specific procedures. Learn more about Virginia's eviction process here.
• Returning security deposits within 45 days, according to Virginia law.

Virginia tenants have the right to:

• Live in a safe and habitable home with working utilities, appliances, and protection from major hazards or infestations.
• Take legal action if a landlord engages in negligence, harassment, or discrimination.
• Receive timely repairs, particularly for urgent issues, which should typically be addressed within 24-48 hours.
• Enjoy privacy and security, including functional locks and limits on landlord entry.
• Be given proper notice before rent increases, lease terminations, evictions, or landlord entry.
• Experience “quiet enjoyment” of the rental without excessive interference from the landlord or neighbors.
• Be protected from retaliatory evictions, meaning landlords cannot evict tenants for asserting their legal rights or reporting unsafe conditions.
• Seek legal remedies if the landlord fails to make necessary repairs. Under certain conditions, Virginia tenants may repair and deduct costs, provided they follow the correct legal procedures.

Virginia tenants are responsible for:

• Paying rent on time, including any required fees or utilities.
• Abiding by the lease agreement, as long as it complies with state laws.
• Keeping the rental unit clean and well-maintained, including proper sanitation and waste disposal.
• Reporting maintenance concerns promptly, especially if they could worsen over time.
• Handling minor upkeep, such as replacing smoke and carbon monoxide detector batteries.
• Covering repair costs for any damages they or their guests cause.
• Giving advance notice if they plan to move out at the end of the lease term.
• Using the rental property for the designated use only (e.g., tenants cannot use residential units to run a business).

Virginia Required Disclosures 

Required disclosures are information landlords must disclose to tenants by law before entering into a lease agreement. They often include potential hazards of the property, information about tenant legal rights, and the landlord's contact information and policies.

There are several required disclosures in Virginia. Below are a few of Virginia's most important ones, but be sure to check local and municipal laws as well.

• Lead-based paint (Title X, Section 1018). Landlords in all 50 states must include information about lead-based paint hazards in the rental agreements for most properties built before 1978. Sellers and landlords must distribute an EPA-approved information pamphlet called “Protect Your Family from Lead in Your Home” and disclose any known lead hazards in the property. These obligations were established by Section 1018 of the Residential Lead-Based Paint Hazard Reduction Act of 1992.
• Landlord/Agent Identity (VA Code § 55.1-1216A(1-2)). Virginia landlords must notify tenants in writing at or before the start of the tenancy of the name of the person authorized to manage the premises and any owner or other agent authorized to act on their behalf.
• Statement of Tenant Rights and Responsibilities (VA Code § 55.1-1204H). Landlords shall provide a list of tenant rights as well as a rental rules list with a copy of the written lease to each tenant within one month from the beginning of the tenancy. 
• Mold (VA Code § 55.1-1215). Virginia landlords must disclose whether there is visible evidence of mold within the dwelling unit. If there is evidence, and the tenant wishes to remain in possession, then the landlord shall promptly remediate the mold condition and reinspect the unit afterward. Once mold growth has been remediated, the landlord is not required to make disclosures of past mold incidence.
• Military Air Installation (VA Code § 55.1-1217). If a residential property is adjacent to a military air installation, the landlord must provide prospective tenants a written disclosure that the property is in a noise or accident potential zone. 
• Defective Drywall (VA Code § 55.1-1218). Landlords in Virginia who are aware that a unit has defective drywall must provide prospective tenants with a written disclosure. 
• Methamphetamine Contamination (VA Code § 55.1-1219). Landlords in Virginia who are aware that the dwelling unit was previously used to manufacture methamphetamine, and has not been cleaned in accordance with legal guidelines, must provide tenants with a written disclosure of such.
• Smoke Alarms (V.A. Code § 55.1-1220(8)). Landlords are required to provide a certificate to tenants at least once every 12 months stating that all smoke alarms in the unit are present, have been inspected, and are in good working order.
• Demolition (VA Code § 55.1-1216C). If the landlord plans to demolish or substantially rehabilitate a multifamily dwelling unit, the landlord must disclose this information in writing to prospective tenants.
• Move-in/Move-out Checklist (VA Code § 55.1-1214). Within five days after the beginning of a new tenancy, the landlord must provide a written report itemizing existing damages to the dwelling unit. Tenants have five additional days to object to any inaccuracies. Landlords may also adopt a written policy allowing the tenant to prepare the move-in inspection report, after which the landlord has five days to object. 

Additional Reading: Virginia Residential Lease Agreement

Virginia Rent and Fee Laws 

Although Virginia does not have state-wide rent control, the state does have several laws regulating how rent and fees must be collected in the state. Here are a few of the most important:

Rent Payments

• Due Date: If the day rent is due is not specified in a written rental agreement, rent is due on the first day of each month (VA Code § 55.1-1204C(4)). 
• Rent Increases: There is no statewide rent control in Virginia. However, landlords cannot raise rent in retaliation against a tenant for filing a health, safety, or housing code violation, joining a tenant’s group, or testifying against the landlord (VA Code § 55.1-1258). 
• Grace Period: There is no mandatory grace period in Virginia. However, if the landlord does not provide a written rental agreement, a 5-day grace period applies (VA Code § 55.1-1204C(4)). 

Fees

• Application Fees: Landlords may charge a nonrefundable application fee of $50 or less, exclusive of out-of-pocket expenses paid by the landlord to a third-party performing background or credit checks. Landlords may only charge application fees of $32 or less if the dwelling unit is a public housing unit subject to regulation by the HUD (VA Code § 55.1-1203(C)). 
• Late Fees: 10% of monthly rent or 10% of the remaining balance due, whichever is less (VA Code § 55.1-1204E). 
• NSF/Bounced Check Fee Maximum: If the tenant’s rent check bounces, the landlord may charge a fee of $50 plus any legal interest charged to the holder by the bank (VA Code § 8.01-27.1). 

Tenant Remedies

• Repair and Deduct: If the landlord neglects to remedy a condition that constitutes a material noncompliance with the rental agreement or the law, or represents a serious fire hazard, health hazard, or safety threat, the tenant may notify the landlord in writing of the problem. If the landlord does not remedy the condition within 14 days, the tenant may arrange the repair with a licensed third-party contractor. The tenant may then submit an itemized statement with receipts for the repair and deduct the actual cost from the rent, up to the amount of one month’s rent or $1,500, whichever is greater (VA Code § 55.1-1244.1(B-C)). 

Virginia Security Deposit Laws

Security deposits are highly regulated in most states. State laws govern how deposits should be collected, stored, and returned to the tenant. Below are Virginia's security deposit laws:

• Deposit Limit: 2 months’ rent (VA Code § 55.1-1226). 
• Interest: There is no law in Virginia requiring landlords to pay interest on security deposits. 
• Return Within: 45 days  (VA Code § 55.1-1226(A)). 
• Deposit Location: There are no laws in Virginia specifying where the security deposit should be kept. 
• Withholding: Landlords may withhold funds from the security deposit for unpaid late fees, physical damages, unreasonable wear and tear, other damages provided in the rental agreement, or damages due to the tenant’s breach of the rental agreement. Landlords must also provide an itemized list of deductions in a written notice together with the remainder of the deposit (VA Code § 55.1-1226(A)). 

Virginia Tenant Screening and Fair Housing Protections 

What actions are considered housing discrimination?

Tenants have legal protection against unfair housing practices in every state. The federal Fair Housing Act (Title 24 USC § 3601-3607) prohibits discrimination in all aspects of housing. Housing discrimination occurs when landlords engage in discriminatory practices when:

• Accepting or denying tenant applications
• Choosing the methods they will use to screen tenants
• Advertising units
• Writing listings
• Deciding to increase rent
• Allocating rent credits or discounts
• Providing maintenance and service to the property
• Evicting tenants
• etc.

What are the protected classes in Virginia?

The FHA specifically protects tenants from discrimination based on these seven protected classes. Landlords cannot use a tenant's membership in any of the following protected classes to justify housing decisions:

• Race
• Color
• Religion
• Gender
• National origin
• Familial status
• Disability

In addition to these federal protections, Virginia state law adds source of income, sexual orientation, gender identity, military status, and age ("elderliness") as protected classes (VA Code § 36-96.3). Landlords in Virginia may not discriminate against tenants based on any of the above characteristics. Note especially that 'source of income' protections in Virginia prohibit discrimination based solely on the fact that a tenant receives housing assistance from the Section 8 voucher program.

Use of Credit Reports

Virginia landlords are subject to the federal Fair Credit Reporting Act (FCRA) (15 USC § 1681), which outlines the responsibilities of landlords to protect tenant credit information. According to the Act, landlords may not share tenant credit information with anyone without a legal reason to view it. They must also investigate disputed information, dispose of credit reports after use in tenant screening, and notify applicants when their credit score or history was the reason for their denial. 

Use of Criminal Histories 

Criminal background checks may be used during tenant screening in Virginia. However, Virginia landlords should follow HUD recommendations for using criminal background checks fairly. This includes avoiding blanket policies for denying applicants with criminal convictions, assessing applicants and their criminal histories on a case-by-case basis, and only denying an applicant when they demonstrate a risk to the safety of other residents or the property.  

Additional Reading: Virginia Background Checks & Screening Online

Virginia Landlord Entry Laws 

In Virginia, landlords cannot enter rental properties at any time. Below are the state's laws for when and how landlords can enter:

• Advanced Notice: 72 hours required. If the tenant makes the request for maintenance, however, the landlord is not required to provide advanced notice (VA Code § 55.1-1229(4)). 
• Permitted Times: Virginia landlords may only enter at reasonable times (VA Code § 55.1-1229(4)). 
• Emergency Entry: In case of emergency, landlords in Virginia may enter dwelling units without notice or consent (VA Code § 55.1-1229(4)). 

Virginia Eviction Notices

Evictions are complex legal processes often poorly understood by both parties. Before pursuing eviction in Virginia, consider hiring an experienced real estate attorney and be sure to review the Virginia eviction process in more detail.

If you do pursue an eviction in Virginia, the first step is to send a formal, written eviction notice. This notice should be delivered to the rental property, and the amount of time the tenant gets to respond before the landlord can file for eviction after delivering it varies depending on the reason for the eviction. Below are the notice periods for various eviction circumstances in Virginia:

• Rent Demand Notice: 5 days to pay or quit (VA Code § 55.1-1245(F)). This notice applies when the tenant fails to pay rent after any designated grace period.
• Lease Violation Notice (Remediable Breaches): 21 days to cure; 30 days to quit. If a tenant violates the lease agreement or fails to maintain the unit per VA Code § 55.1-1227 in a way that materially affects health and safety, the landlord must deliver this notice. The notice should state the breach and what is required to remedy it, and that the lease will terminate in 30 days if the breach is not remedied within the first 21 days (VA Code § 55.1-1245(A)). 
• Lease Violation Notice (Non-Remediable Breaches and Repeat Violations): 30 days to quit. If the tenant commits a breach of the lease or the law that is un-remediable, the landlord may serve this notice stating the breach and the date by which the tenant must vacate the unit (not less than 30 days after receipt of the notice). A 30-day quit notice (without opportunity to cure) also applies when the tenant intentionally commits the same violation as a prior breach (VA Code § 55.1-1245(C)). 
• Unconditional Notice to Quit: Immediate. If a tenant’s breach involves or constitutes a criminal act that poses a threat to health or safety or any illegal drug activity, the landlord may terminate the lease immediately and file for eviction thereafter. It is not necessary for the landlord to wait for a criminal conviction for illegal drug activity before filing for eviction (VA Code § 55.1-1245(C)). 

Additional Reading: Virginia Eviction Process and Laws [2025]

Virginia Squatter's Rights

Squatters are individuals who move into a property without permission from the owner. Evicting squatters in Virginia, while sometimes more complicated, often requires undergoing the entire eviction process. Before evicting a squatter in Virginia, be sure to review the relevant statutes and seek advice from a real estate lawyer. Never try to remove a tenant or a squatter on your own.

Additional Reading: Virginia Squatter's Rights & Adverse Possession Laws [2025]

Other Laws and Facts About Virginia 

• The median rent rate in Virginia is $1,997 per month. 
• The median rent rate in Arlington is $2,061 per month. 
• Landlords in Virginia may permit tenants to purchase renter’s insurance coverage in lieu of paying a security deposit. However, the insurance provider must be licensed and approved by the Virginia State Corporation Commission. The coverage must also remain effective for the entire lease term, and the coverage provided per claim must be no less than the amount the landlord requires for security deposits (VA Code § 55.1-1226I). 

Conclusion

Understanding Virginia’s landlord-tenant laws is essential as a landlord in the state. Establishing clear expectations around rent, maintenance, and tenant rights help prevent misunderstandings and legal issues, but you can only enforce these expectations if you yourself already have a strong understanding of the law. As much as possible, stay informed on new laws that pass in Virginia and when in doubt, seek professional guidance.

FAQs

How much can a landlord charge for a security deposit in Virginia?

Under Virginia law, a landlord may require a security deposit of up to two months’ rent. This deposit serves as financial protection against potential damages or unpaid rent. 

Are there any limits on how much a landlord can raise the rent?

Virginia does not impose rent control, so landlords can increase rent without specific limits. However, they should provide tenants with at least 30 days’ written notice before the increase takes effect. 

What are the legal requirements for returning a security deposit?

Landlords are required to return the security deposit, minus any lawful deductions, within 45 days after the tenant vacates the property. 

What protections do tenants have against discrimination?

Tenants in Virginia have many protections against unlawful housing discrimination. Landlords cannot ask about, or discriminate based on, any of the following protected characteristics:

• Race
• Color
• Religion
• Gender
• National origin
• Familial status
• Disability
• Source of income
• Sexual orientation
• Gender identity
• Military status
• Age ("elderliness")

Landlords in Virginia must comply with both the federal Fair Housing Act and Virginia's state laws regarding housing discrimination. When in doubt, consult legal guidance.

What are the landlord’s responsibilities regarding property maintenance?

Landlords must ensure that rental properties are safe and habitable, complying with all health, safety, and building codes. This includes maintaining structural integrity, plumbing, electrical systems, and other essential utilities. 

How much notice must a landlord give before entering a rental unit?

Landlords are required to give 72 hours' notice before entering a rental property, unless the tenant made a request for maintenance (VA Code § 55.1-1229(4)). Additionally, Virginia landlords should limit entry to reasonable hours.

What is the process for evicting a tenant in Virginia?

To evict a tenant, a landlord must follow the legal process outlined in the Virginia Residential Landlord and Tenant Act, which includes providing proper notice and obtaining a court order. Self-help evictions, such as changing locks without a court order, are illegal. 

What can a tenant do if a landlord fails to make necessary repairs?

If a landlord neglects essential repairs affecting health or safety, tenants may have the right to make the repairs themselves and deduct the cost from their rent. However, tenants must follow specific legal procedures when exercising these rights.

Free Downloads

1. Virginia Residential Lease Agreement Template
2. Virginia Quitclaim Deed
3. Virginia Summons for Unlawful Detainer (Civil Claim for Eviction) 
4. Virginia Request for Writ of Eviction in Unlawful Detainer Proceedings 

Resources

1. Virginia Residential Landlord and Tenant Act
2. Tenant and Landlord Resources (Virginia Department of Housing and Community Development)
3. Virginia General District Court Civil Forms and Instructions
4. Virginia Housing Market Trends & Forecast
5. Virginia Eviction Process & Laws [2025]
6. Real Estate Terms & Definitions