Virginia landlord-tenant law FAQ
52 answers to common Virginia landlord questions. Every answer is a verified fact with its official source and last-checked date.
How much can a landlord charge for a security deposit in Virginia?
Maximum two months' periodic rent.
Verified Source: Va. Code § 55.1-1226(A) · last checked 2026-10-15 · Full security deposit limit page
How long does a landlord have to return a security deposit in Virginia?
Itemized written notice plus any amount owed within 45 days after the tenancy ends or the tenant moves out, whichever is later.
Verified Source: Va. Code § 55.1-1226(A) · last checked 2026-10-15 · Full deposit return deadline page
How much notice does a landlord have to give before entering a rental in Virginia?
Notice of intent to enter, and entry only at reasonable times, except in an emergency. At least 72 hours' notice for routine maintenance the tenant didn't request.
Verified Source: Va. Code § 55.1-1229(A)(4) · last checked 2026-10-15 · Full notice to enter page
How much notice does a landlord need to give to raise the rent in Virginia?
Landlords with more than 4 units (or more than a 10% interest in more than 4) must give written notice of a rent increase for the renewal term at least 60 days before the lease term ends (rising to 90 days from July 1, 2027).
Verified Source: Va. Code § 55.1-1204(K) · last checked 2026-10-15 · Full rent increase notice page
Can a landlord charge a late fee in Virginia, and how much?
Late charge must be in the written lease and can't exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed.
Verified Source: Va. Code § 55.1-1204(E) · last checked 2026-10-15 · Full late fees page
What notice does a landlord have to give before evicting for unpaid rent in Virginia?
Written notice giving the tenant 14 days to pay before the landlord may terminate.
Verified Source: Va. Code § 55.1-1245(F) · last checked 2026-10-15 · Full eviction notice (nonpayment) page
Can cities in Virginia pass rent control?
Effectively yes. The VRLTA applies statewide, can't be waived or modified by localities, and supersedes all other local ordinances on landlord-tenant relations and residential leasing. Localities may only mediate disputes or enforce property maintenance codes.
Verified Source: Va. Code § 55.1-1201 · last checked 2026-10-15 · Full rent control / state preemption page
How much notice is needed to end a month-to-month tenancy in Virginia?
Either party may end a month-to-month tenancy with written notice at least 30 days before the next rent due date, unless the lease sets a different period. Week-to-week tenancies need 7 days' notice.
Verified Source: Va. Code § 55.1-1253(A) · last checked 2026-10-15 · Full ending a month-to-month tenancy page
Does a landlord have to pay interest on a security deposit in Virginia?
The VRLTA (Va. Code ch. 55.1-12, read in full on 2026-10-15) does not require landlords to pay interest on security deposits. § 55.1-1226 governs deposit limits, records and return.
Verified Source: Va. Code § 55.1-1226; ch. 55.1-12 · last checked 2026-10-15 · Full interest on deposits page
Is a move-in or move-out inspection checklist required in Virginia?
Within 5 days after move-in, the landlord must give the tenant a written report of existing damage. It is deemed correct unless the tenant objects in writing within 5 days. A landlord may instead let the tenant prepare the report or prepare it jointly.
Verified Source: Va. Code § 55.1-1214 · last checked 2026-10-15 · Full move-in/move-out checklist page
Is landlord retaliation illegal in Virginia?
A landlord may not raise rent, cut services, sue or threaten to sue for possession, or end a periodic tenancy after learning that the tenant complained to a code agency, complained or sued under the Act, joined a tenant organization, or testified against the landlord. Market-rate increases and service changes applied to all tenants are allowed.
Verified Source: Va. Code § 55.1-1258(A) (version effective until Jan. 1, 2027) · last checked 2026-10-15 · Full retaliation protections page
Can a landlord change the locks or shut off utilities in Virginia?
If a landlord willfully and without court authority locks out a tenant, interrupts an essential service, or makes the premises unsafe, the tenant can petition the general district court. A hearing is held within 5 calendar days, and the court can order possession or service restored.
Verified Source: Va. Code § 55.1-1243.1 · last checked 2026-10-15 · Full lockouts and utility shutoffs page
What can a tenant do if the landlord won't make repairs in Virginia?
For serious conditions such as no heat, water or electricity, rodents, or lead paint, the tenant can give written notice and, if the landlord doesn't fix it within a reasonable time, pay rent into court escrow (§ 55.1-1244). If an essential service is willfully or negligently not supplied, the tenant can recover reduced rental value or get substitute housing rent-free (§ 55.1-1239).
Verified Source: Va. Code §§ 55.1-1244 (version effective until Jan. 1, 2027), 55.1-1239 · last checked 2026-10-15 · Full repairs and habitability remedies page
What disclosures must a landlord give tenants in Virginia?
The landlord must offer a written lease along with the state Statement of Tenant Rights and Responsibilities, and both parties sign an acknowledgment (§ 55.1-1204(B)). The landlord must disclose in writing the names and addresses of the manager and the owner or owner's agent, notify tenants of a sale, and tell prospective tenants about planned condo conversion or displacement (§ 55.1-1216).
Verified Source: Va. Code §§ 55.1-1204(B), 55.1-1216 · last checked 2026-10-15 · Full required lease disclosures page
What can a landlord do with property a tenant leaves behind in Virginia?
Property left after termination and delivery of possession may be treated as abandoned and disposed of. The landlord must first give notice stating that items will be disposed of 24 hours after termination, or 24 hours after a separate 10-day notice expires. The tenant may remove property at reasonable times until disposal.
Verified Source: Va. Code § 55.1-1254 · last checked 2026-10-15 · Full abandoned property page
Can a tenant break a lease early for domestic violence or military service in Virginia?
Victims of family abuse, sexual abuse or assault, stalking or trafficking who have a protective order, or a conviction or charging document against the perpetrator, can end the lease. Written notice takes effect 28 days after service, with a copy of the order. Rent is owed through that date, and no liquidated damages may be charged.
Verified Source: Va. Code § 55.1-1236 · last checked 2026-10-15 · Full early termination (dv/military) page
Is there a grace period before a late fee can be charged in Virginia?
When the landlord does not offer a written lease, rent is due on the 1st and is not late until after the 5th of the month; any late charge is capped at 10% (§ 55.1-1204(E)). Statute text: "Rent payments shall be due on the first day of each month during the tenancy and shall be considered late if not paid by the fifth of the month" (Va. Code § 55.1-1204(C)(4)).
Verified Source: Va. Code § 55.1-1204(C)(4) · last checked 2026-10-16 · Full late fee grace period page
How much can a landlord charge for a rental application fee in Virginia?
Application fee may not exceed $50 (or $32 for HUD-regulated units), not counting actual third-party background or credit check costs.
Verified Source: Va. Code § 55.1-1203(C) · last checked 2026-10-15 · Full application fees & screening page
Can a landlord refuse Section 8 or other source of income in Virginia?
Refusing to rent or discriminating because of a person's source of funds is an unlawful housing practice.
Verified Source: Va. Code § 36-96.3 · last checked 2026-10-15 · Full source of income discrimination page
How does the eviction court process work in Virginia?
The initial hearing on an unlawful detainer must be held within 21 days of filing (30 days at the latest), and the summons must be served at least 10 days before the hearing.
Verified Source: Va. Code § 8.01-126 · last checked 2026-10-15 · Full eviction court process & timeline page
What happens if a tenant stays after the lease ends in Virginia?
If a tenant stays without consent after the lease ends, the landlord may sue for possession and recover actual damages, attorney fees and court costs, unless the tenant proves the failure to leave was reasonable.
Verified Source: Va. Code § 55.1-1253(C) · last checked 2026-10-15 · Full holdover tenants page
Does a landlord have to give notice before not renewing a lease in Virginia?
An owner of a multifamily property that doesn't renew 20 or more month-to-month tenancies, or 50% of them, within 30 days must give each of those tenants 60 days' written notice. When no written lease is offered, the default lease runs 12 months and doesn't renew automatically.
Verified Source: Va. Code §§ 55.1-1253(B), 55.1-1204 · last checked 2026-10-15 · Full lease renewal / non-renewal notice page
Does a landlord have to provide smoke and carbon monoxide detectors in Virginia?
Landlords must give the tenant a certificate that all smoke alarms are present, inspected and working, no more than once every 12 months.
Verified Source: Va. Code § 55.1-1220(A)(8) · last checked 2026-10-15 · Full smoke & co detectors page
What happens to the lease when a tenant dies in Virginia?
If a sole tenant dies and no one has court authority over the estate, the landlord may dispose of the belongings left behind after at least 10 days' written notice to the person named in the rental application or lease.
Verified Source: Va. Code § 55.1-1256 · last checked 2026-10-15 · Full death of a tenant page
Can a tenant fix something and deduct it from rent in Virginia?
If a serious condition (e.g., no heat or water, a rodent infestation, a fire or safety hazard) isn't addressed within 14 days of written notice, the tenant may hire a licensed contractor and deduct the actual cost, up to the greater of one month's rent or $1,500, with an itemized statement and receipts.
Verified Source: Va. Code § 55.1-1244.1 · last checked 2026-10-15 · Full repair and deduct page
Can a tenant withhold rent for repairs in Virginia?
A tenant may file a 'tenant's assertion' in general district court over serious unremedied conditions, but only after written notice and a reasonable time to fix (more than 30 days is presumed unreasonable). The tenant must pay rent into the court within 5 days of each due date.
Verified Source: Va. Code § 55.1-1244 · last checked 2026-10-15 · Full rent withholding / escrow page
Can a tenant sublet an apartment in Virginia?
The VRLTA defines 'sublease' but a search of the full text of ch. 12 found no rule requiring or barring landlord consent to sublet. The lease controls.
Verified Source: Va. Code § 55.1-1200; Title 55.1 ch. 12 (searched in full) · last checked 2026-10-15 · Full subletting & assignment page
Can the city inspect my rental property in Virginia?
Cities and counties may adopt rental inspection ordinances to check rental units against the Building Code, but only inside designated rental inspection districts (or for individual units with violations); locality-wide districts aren't allowed. Owners must notify the building department that a unit is rented, with no registration or fee for that notice. A unit that passes gets at least a four-year exemption.
Verified Source: Va. Code § 36-105.1:1 · last checked 2026-10-15 · Full rental inspections page
What is the deposit bank holding / separate account rule in Virginia?
A search of the full text of the Virginia Residential Landlord and Tenant Act (Va. Code Title 55.1, ch. 12) found no requirement to keep security deposits in a separate or trust account. (Prepaid rent, by contrast, must go into an escrow account under § 55.1-1205.)
Verified Source: Va. Code Title 55.1, ch. 12 (searched in full); § 55.1-1205 · last checked 2026-10-15 · Full deposit bank holding / separate account page
What is the eviction notices for other grounds (lease violation, no-fault) rule in Virginia?
For a material lease violation (or a violation of tenant duties affecting health and safety) that can be fixed, the landlord's written notice must say the lease ends on a date at least 30 days after receipt unless the breach is remedied within 21 days. For a breach that can't be fixed, the notice is at least 30 days. A criminal or willful act that threatens health or safety allows immediate termination.
Verified Source: Va. Code § 55.1-1245(A)-(C) · last checked 2026-10-15 · Full eviction notices for other grounds (lease violation, no-fault) page
What is the right to cure / redeem rule in Virginia?
In a nonpayment eviction, the tenant (or anyone on the tenant's behalf) can pay all rent, contracted fees, late charges, attorney fees and court costs owed as of the court date, and the case is dismissed (unless there are other grounds). The tenant can also present a written redemption commitment from a local government or nonprofit at the first return date to get a 10-day continuance to pay. Even after judgment, paying everything at least 48 hours before the scheduled eviction stops it.
Verified Source: Va. Code § 55.1-1250(B)-(D) · last checked 2026-10-15 · Full right to cure / redeem page
What is the pet deposits/fees & service/esa animals rule in Virginia?
A pet deposit counts as a "security deposit", so it falls under the overall cap of two months' rent for all security deposits.
Verified Source: Va. Code §§ 55.1-1200, 55.1-1226(A) · last checked 2026-10-15 · Full pet deposits/fees & service/esa animals page
What is the tenant relocation assistance rule in Virginia?
For a non-emergency repair that requires the unit to be empty, the landlord may, with at least 30 days' written notice, move the tenant for up to 30 days to a comparable unit or hotel at no cost to the tenant. Rent remains due during the move.
Verified Source: Va. Code § 55.1-1229(B) · last checked 2026-10-15 · Full tenant relocation assistance page
What is the rent receipts, payment methods & cash rule in Virginia?
Landlords must accept rent and deposits by check and money order, and give a written receipt for cash or money-order payments. Processing fees are allowed only if a fee-free payment option is offered, and only up to the actual third-party cost. Landlords with four or fewer units don't have to accept cards.
Verified Source: Va. Code § 55.1-1204(J) · last checked 2026-10-15 · Full rent receipts, payment methods & cash page
What is the eviction record sealing rule in Virginia?
After an eviction case is dismissed or nonsuited (once the applicable waiting period has passed and if no order of possession was entered), the court must expunge the records on its own, without a petition or hearing. If judgment was for the tenant, the tenant may petition for expungement.
Verified Source: Va. Code § 8.01-130.01 · last checked 2026-10-15 · Full eviction record sealing page
What is the condo conversion protections rule in Virginia?
Tenants must get written notice of the conversion and have an exclusive 60-day right to buy their unit. When a month-to-month tenancy is ended because of the conversion, the notice must be at least 120 days.
Verified Source: Va. Code § 55.1-1982 · last checked 2026-10-15 · Full condo conversion protections page
How much does it cost to file an eviction in Virginia?
$36 court fee. For all court and magistrate services in each unlawful detainer filed in general district court, the fee is $36. Other charges, such as service of process, are set by separate statutes.
Verified Source: Va. Code § 16.1-69.48:2 · last checked 2026-10-15 · Full eviction filing fees page
What is the domestic violence early termination rule in Virginia?
A victim of family abuse, sexual abuse or assault, stalking or trafficking with a protective order (or a conviction or charge against the perpetrator) may end the rental agreement by written notice. Code text: "may terminate such tenant's obligations under a rental agreement under the following circumstances."
Verified Source: Va. Code § 55.1-1236 · last checked 2026-10-16 · Full domestic violence early termination page
What is the military lease termination (federal scra, all states) rule in Virginia?
Federal law that applies in every state: under the Servicemembers Civil Relief Act, a tenant may end a residential lease after entering military service, or after getting permanent-change-of-station orders or deployment orders of at least 90 days, by delivering written notice and a copy of the orders to the landlord. For a lease with monthly rent, termination takes effect 30 days after the next rent due date following delivery of the notice. Any state-specific rule on this page also applies. Code text: "The lessee on a lease described in subsection (b) may, at the lessee's option, terminate the lease at any time after."
Verified Source: 50 U.S.C. § 3955 (federal Servicemembers Civil Relief Act) · last checked 2026-10-16 · Full military lease termination (federal scra, all states) page
What is the warranty of habitability in Virginia?
Landlords must make all repairs needed to put and keep the premises fit and habitable. Statute text: "Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition" (Va. Code § 55.1-1220(A)(2)).
Verified Source: Va. Code § 55.1-1220(A)(2) · last checked 2026-10-16 · Full habitability / warranty of habitability page
What disclosures must a landlord give in Virginia?
In the move-in inspection report, landlords must disclose whether there is visible mold in accessible areas of the unit. Statute text: "As part of the written report of the move-in inspection required by § 55.1-1214 , the landlord shall disclose whether there is any visible evidence of mold in areas readily accessible within the interior of the dwelling unit" (Va. Code § 55.1-1215).
Verified Source: Va. Code § 55.1-1215 · last checked 2026-10-16 · Full required disclosures (mold, lead, radon, bedbug, asbestos, flood zone) page
What is the scra / military lease termination rule in Virginia?
Qualifying service members (e.g., with PCS or long temporary duty orders) may end a lease with written notice effective at least 30 days after the next rent due date, plus a copy of the orders. Statute text: "Tenants who qualify to terminate a rental agreement pursuant to subsection A shall do so by serving on the landlord a written notice of termination to be effective on a date stated in such written notice, such date to be not less than 30 days after the first date on which the next rental payment is due and payable after the date on which the written notice is given" (Va. Code § 55.1-1235(B)).
Verified Source: Va. Code § 55.1-1235(B) · last checked 2026-10-16 · Full scra / military lease termination page
What rights does a tenant have after foreclosure in Virginia?
Landlords of single-family rentals must tell tenants in writing within five business days after receiving a lender's notice of default, acceleration or foreclosure sale. Statute text: "The landlord of a dwelling unit used as a single-family residence shall give written notice to the tenant or any prospective tenant of such dwelling unit that the landlord has received a notice of a mortgage default, mortgage acceleration, or foreclosure sale relative to the loan on the dwelling unit within five business days after written notice from the lender is received by the landlord" (Va. Code § 55.1-1237(A)).
Verified Source: Va. Code § 55.1-1237(A) · last checked 2026-10-16 · Full foreclosure tenant protections page
What are the Airbnb / short-term rental rules in Virginia?
Virginia localities may create a short-term rental registry by ordinance and require operators to register each year. Statute text: "Notwithstanding any other provision of law, general or special, any locality may, by ordinance, establish a short-term rental registry and require operators within the locality to register annually" (Va. Code § 15.2-983(B)(1)).
Verified Source: Va. Code § 15.2-983(B)(1) · last checked 2026-10-16 · Full short-term rentals (airbnb) page
What is the rental / transient occupancy tax rule in Virginia?
Counties may levy a transient occupancy tax on rooms rented for fewer than 30 consecutive days. Statute text: "Any county, by duly adopted ordinance, may levy a transient occupancy tax on hotels, motels, boarding houses, travel campgrounds, and other facilities offering guest rooms rented out for continuous occupancy for fewer than 30 consecutive days" (Va. Code § 58.1-3819(A)(1)).
Verified Source: Va. Code § 58.1-3819(A)(1) · last checked 2026-10-16 · Full rental / transient occupancy tax page
What is the manufactured / mobile home parks rule in Virginia?
Manufactured home park landlords must offer year-round residents a lot rental agreement of at least one year. Statute text: "A landlord shall offer all current and prospective year-round residents a rental agreement with a rental period of not less than one year" (Va. Code § 55.1-1302(A)).
Verified Source: Va. Code § 55.1-1302(A) · last checked 2026-10-16 · Full manufactured / mobile home parks page
Do landlords need a rental license or registration in Virginia?
Localities with rental inspection districts may require owners to notify the building department in writing that a unit is rented, but the ordinance may not include a registration requirement or any fee for that notification. Statute text: "The rental inspection ordinance shall not include a registration requirement or a fee of any kind associated with the written notification pursuant to this subdivision" (Va. Code § 36-105.1:1).
Verified Source: Va. Code § 36-105.1:1 · last checked 2026-10-16 · Full rental licensing / registration page
What is the tenant buyout disclosures rule in Virginia?
The state landlord-tenant statute (Va. Code tit. 55.1, ch. 12 (Virginia Residential Landlord and Tenant Act), read in full on 2026-10-16) has no provision on tenant buyout agreements or buyout disclosures. Local ordinances or other state or federal laws may still apply.
Verified Source: Va. Code tit. 55.1, ch. 12 (Virginia Residential Landlord and Tenant Act) · last checked 2026-10-16 · Full tenant buyout disclosures page
What is the property manager licensing rule in Virginia?
Leasing or renting property for others for compensation is real estate brokerage in Virginia (§ 54.1-2100), and acting as a broker requires a real estate broker's license (or working under a licensed firm). Statute text: "No individual shall act as a broker without a real estate broker's license from the Board" (Va. Code §§ 54.1-2100, 54.1-2106.1(B)).
Verified Source: Va. Code §§ 54.1-2100, 54.1-2106.1(B) · last checked 2026-10-16 · Full property manager licensing page
Can a landlord deny a tenant for criminal or credit history in Virginia?
Landlords must consider evidence that an applicant is a family abuse victim to offset a low credit score. Statute text: "D. A landlord shall consider evidence of an applicant's status as a victim of family abuse, as defined in § 16.1-228 , to mitigate any adverse effect of an otherwise qualified applicant's low credit score." (Va. Code § 55.1-1203(D)).
Verified Source: Va. Code § 55.1-1203(D) · last checked 2026-10-16 · Full criminal & credit history rules page
Does a landlord need just cause to evict in Virginia?
Landlords may end a tenancy at the end of its term without stating a cause: the Virginia Residential Landlord and Tenant Act (Va. Code tit. 55.1, ch. 12, read in full on 2026-10-16) has no just-cause eviction requirement. Landlords owning more than four rental units must give at least 60 days' written notice of nonrenewal (§ 55.1-1204(K)).
Verified Source: Va. Code tit. 55.1, ch. 12 · last checked 2026-10-16 · Full just-cause eviction page
What is the guest & occupancy limits rule in Virginia?
Virginia's landlord-tenant law (Va. Code tit. 55.1, ch. 12, read in full on 2026-10-16) sets no guest or occupancy limit; the lease, local codes and fair-housing law control.
Verified Source: Va. Code tit. 55.1, ch. 12 · last checked 2026-10-16 · Full guest & occupancy limits page
Virginia cities with their own rules
- Arlington County landlord rules
- Berryville landlord rules
- Cape Charles landlord rules
- Charlottesville landlord rules
- Chesapeake landlord rules
- Emporia landlord rules
- Franklin County landlord rules
- Halifax County landlord rules
- King George County landlord rules
- Norfolk landlord rules
- Prince Edward County landlord rules
- Richmond landlord rules
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