What are You Looking for?

Virginia State Laws

Landlords and tenants in Virginia will face legal issues during the rental process, but not every issue needs to involve the courts. This article will help you learn how the laws in your state handle everything from security deposits to termination notices so you can easily navigate these.

This article is not an exhaustive or a substitute for qualified legal advice. Laws and statutes are subject to change and may vary by county or city. You are responsible for performing your research and complying with all laws applicable to your unique situation.

We recommend consulting with the appropriate government agencies and a qualified lawyer if you have legal questions or concerns. Your state bar association may have a referral service to help you find a lawyer with experience in landlord-tenant law.

Official VA Rules and Regulations

Details

Applicability and Exception: The Virginia Residential Landlord and Tenant Act (VRLTA) governs all rental housing except a few scenarios, including but not limited to:

  • Occupancy in single-family residences where the owners are natural persons or their estates who own in their name no more than two single-family residences subject to a rental agreement and
  • Occupancy by a tenant who pays no rent.

Security Deposit:

  • Security Deposit Maximum: Equal to two months’ rent (§ 55-248.15:1(A)).
  • Security Deposit months: No interest is required (prior to 2015, it was 4 percentage points below the Federal Discount Rate (FDR) annually).
  • Separate Security Deposit Bank Account: No statute.
  • Non-Refundable Fees: No statute.
  • Pet Deposits and Additional Fees: No statute.
  • Deadline for Returning Security Deposit: 45 days (§ 55-248.15:1(A)).
  • Permitted Uses of the Security Deposit: Landlords may use the security deposit to pay for 1) unpaid rent and “reasonable” charges due to the tenant paying rent” late; 2) damages caused by the tenant beyond normal wear and tear; 3) other damages and charges specified in the rental agreement; and 4) damages due to a breach or violation of the rental agreement (§ 55-248.15:1(A)).
  • Security Deposit can be Withheld: Yes (§ 55-248.15:1(A)).
  • Require Written Description/Itemized List of Damages and Charges: Yes, landlords must provide a “written security deposit disposition statement, “including an itemized list of damages.” Tenants also have the right to be present during” the inspection (§ 55-248.15:1(C)).
  • Receipt of Security Deposit: No statute.
  • Record Keeping of Deposit Withholdings: 2 years (§ 55-248.15:1(B1-2))
  • Failure to Comply: Tenants can sue landlords who do not comply with statutory obligations related to returning the security deposit and, if the court rules in their favor, can have the security deposit replaced, along with “actual damages and reasonable attorney fees.” If “the tenant owes rent, that amount will be deducted from the deposit (§ 55-248.15:1(A)).

Lease, Rent & Fees:

  • Rent Is Due:
  • Rent Increase Notice: No statute.
  • Late Fees: No rule.
  • Application Fees: Landlords may require an application deposit, which is refundable, and a non-refundable application fee. If the applicant fails to rent the unit (by their fault) after providing an application deposit, the landlord has 20 days to return the deposit, minus damages and expenses. If, however, the application deposit was made by cash, certified check, cashier’s check, or postal money order, such check was made within ten days of the applicant’s failure to rent the unit if the applicant’s due to the landlord’s rejection of the application. Landlordlandlord’sd to charge non-refundable application fees for screening purposes. (§ 55-248.6:1).
  • Prepaid Rent: Tenants can pay prepaid rent if the tenant and landlord agree to the arrangement, as reflected in the rental agreement. The prepaid rent must be placed in an escrow account in a federally insured depository in Virginia by the end of the fifth business day following receipt. It shall remain in the account until the prepaid rent becomes due. (§ 55-248.7:1)
  • Returned Check Fees: $50, plus other costs of collection and attorney’s fees (§ 8.01-27.1)
  • ●Tenant Allowed to attorneys for Failure to Provide Essential Services (Water, Heat, etc.): Yes, but the money must be put into an escrow account, and the landlord has given proper notice. Other conditions apply; see the statute ( § 55-248.27).
  • Tenant Allowed to Repair and Deduct Rent: Yes. For conditions and timelines, see the statute (§ 55-248.25).
  • Landlord Allow to Recover Court and Attorney’s Fees: Yes (§ 55-248.35).

Notices and Entry:

  • Notice to Terminate Tenancy – Fixed End Date in Lease:
  • Notice to Terminate Any Periodic Lease of a Year or More: 3 months prior to end of lease (§ 55-222(A)).
  • Notice to Terminate a Lease – Month-to-Month: 30 days or less if both parties agree to a shorter notice period in the lease (§ 55-222(B)).
  • Notice to Terminate a Periodic Lease – Week-to-week: No statute.
  • Notice of date/time of Move-Out Inspection: No statute.
  • Lease Termination for Nonpayment: Five days to pay or quit and tenant loses of possession (§ 55-225).
  • Lease Termination for Lease Violation: No less than 30 days to quit. The tenant has 21 days to remedy (§ 55-248.31(A))
  • Lease Termination by Military Personnel: If being relocated more than 35 miles away, tenants may not terminate the lease any more than 60 days prior to the date of departure necessary to comply with the official orders. Other conditions apply. (§ 55-248.21)
  • Required Notice before Entry: 24 hours (§ 55-248.18(A))
  • Entry Allowed with Notice for Maintenance and Repairs (non-emergency): Yes, 24 hours notice (§ 55-248.18(A))
  • Emergency Entry Allowed without Notice: Yes, within reason (§ 55-248.18(A)).
  • Entry Allowed During Tenant’s Extended Absence: In excess of a seven-dTenant’sce, unannounced, reasonable entry is allowed (§ 55-248.33).
  • Notice to Tenants for Pesticide Use: 48 hours (§ 55-248.13:3).
  • Lockouts Allowed: No (§ 55-225.1).
  • Utility Shut-offs Allowed: No (§ 55-225.1).

Disclosures and Miscellaneous Notes:

  • Copy of the Lease: Landlords must provide tenants with a copy of the lease, signed by both the landlord and the tenant, within 30 days of the lease’s effective date (§ 55-248.7(F)).
  • Domestic lease Situations: Victims of family abuse, sexual abuse, or criminal sexual assault are granted special rights, including the ability to terminate a lease with 30 days’ notice. (§ 55-225.16)
  • Landlord’s Duties: A detailed list of landlord duLandlord’sovided in § 55-248.13.
  • Tenant’s Duties: A detailed list of tenant dutiesTenant’sided in § 55-248.16.
  • Retaliation: Landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to § 55-222 or 55-248.37 after he has knowledge that: (§ 55-248.39)
    • (i) The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety;
    • (ii) the tenant has made a complaint to or filed a suit against the landlord for a violation
    • (iii) the tenant has organized or become a member of a tenants’ organization; or
    • (iv) the tenant has testenants’n a court proceeding against the landlord.
    • However, the provisions of this subsection shall not be construed to prevent the landlord from increasing rents to that charged on similar market rentals nor decreasing services that shall apply equally to all tenants.
  • Lead Disclosure: Landlords must disclose all known lead paint hazards. Landlords must also provide tenants, as an attachment to a written lease, with an information pamphlet on lead-based paint hazards.

Court Related:

Business Licenses:

  • Business License required: No statewide statute, but local cities and counties may have regulations and requirements. Check with your local governing authority.

Helpful Links

State Agencies & Regulatory Bodies

Housing Authorities

Realtor, Landlord, and Tenant Associations

Facebook Instagram
©️ 2023 — My Rental Spot, All Rights Reserved.