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Virginia

This article provides a quick overview of some key Virginia Landlord-Tenant laws applicable to residential rental units. We’ve used the Official Virginia Statutes cited below to research this information and it should be a good starting point in learning about the law.

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Virginia Commercial Lease Agreement

Virginia Landlord Tenant Key Rules

Official Virginia Forms:

Leases

Notices

Addendums

Forms

Property Management

Disclosures

Checklists

 

Applications

Letters

 

Security Deposit

TOPIC RULE
Security Deposit: The security deposit maximum is equal to two (2) month’s rent. Va. Code § 55.1-1226
Security Deposit Maximum: No interest is required. Prior to 2015, it was four percentage points annually below the FDR (Federal Discount Rate) Va. Code § 55.1-1226
Security Deposit Interest: No statute.
Separate Security Deposit Bank Account: No statute.
Non-refundable fees: No statute.
Pet Deposits and Additional Fees: No statute.
Deadline for Returning Security Deposit: The deadline for a landlord to return a security deposit is 45 days from lease termination. Va. Code § 55.1-1226
Permitted Uses of the Deposit: Landlords can use a tenant’s security deposit to cover unpaid rent, including late fees, and other certiain costs. See statute. Va. Code § 55.1-1226
Security Deposit can be Withheld:
Require Written Description/Itemized List of Damages and Charges: The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last. Va. Code § 55.1-1226
Receipt of Security Deposit: Landlords are not required to provide a written receipt for a security deposit. Va. Code § 55.1-1226
Record Keeping of Deposit Withholdings: Landlords must keep detailed records of security deposit deductions for at least two years. Va. Code § 55.1-1226
Failure to Comply: If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent to the landlord, in which case the court shall order an amount equal to the security deposit credited against the rent due to the landlord. Va. Code § 55.1-1226

Lease, Rent & Fees

TOPIC RULE
Rent is Due: No statute.
Payment Methods: No statute.
Rent Increase Notice: The amount of notice a landlord must provide before raising rent depends on the type of lease. See statute. Va. Code § 55.1-1204
Late Fees: Landlords are permitted charge late fees for rent if the written rental agreement includes a “Late Fees” clause. Va. Code § 55.1-1204
Application Fees: If an applicant fails to rent a unit due to their own actions after submitting an application deposit, the landlord must return the deposit within 20 days, subtracting any damages or expenses incurred. If the application deposit was made using cash, a certified check, cashier’s check, or postal money order, the landlord must refund the deposit within 10 days if the failure to rent the unit is due to the landlord rejecting the application. Landlords are permitted to charge non-refundable application fees to cover the costs of screening applicants. Va. Code § 55.1-1204
Prepaid Rent: If a landlord receives prepaid rent, it must be kept in an escrow account in a federally insured depository authorized to do business in Virginia by the end of the fifth business day following receipt. The prepaid rent shall remain in the account until such time as the prepaid rent becomes due. Va. Code § 55.1-1205
Returned Check Fees: $50 plus additional costs of collection and attorney’s fees Va. Code § 8.01-27.1
Tenant Allowed to Withhold Rent for Failure to Provide Essential Services (Water, Heat, etc.): Tenants are permitted to withhold rent though the money must be put into escrow and the landlord must be given proper notice. Va. Code § 55.1-1244.1
Tenant Allowed to Repair and Deduct Rent: Tenants are permitted to make repairs and deduct rent if all the necessary requirements are met. See statute. Va. Code § 55.1-1244.1
Self-Help Evictions: Self-help evictions are prohibited for residential properties. Landlords are required to follow a legal process to remove tenants who violate their lease agreement. Va. Code § 55.1-1245
Landlord Allowed to Recover Court and Attorney’s Fees: Yes, landlords are permitted to recover attorney’s fees and other damages in a number of circumstances. Va. Code § 8.01-27.1
Landlord Must Make a Reasonable Attempt to Mitigate Damages to Lessee, including an Attempt to Re-rent: No statute.

Notices and Entry

TOPIC RULE
Notice to Terminate Tenancy: Written notice for a fixed-term lease is not required as it already has an established end date. Va. Code § 55.1-1204
Notice to Terminate a Periodic Lease – Month-to-Month: Written notice to terminate a month-to-month tenancy is 30 days, unless both parties agreed to a shorter timeframe in the lease. Va. Code § 55.1-1253
Notice to Terminate a Periodic Lease – Week-to-week: The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. Va. Code § 55.1-1253
Notice to Terminate Lease due to Sale of Property:
Notice of date/time of Move-Out Inspection: The landlord is required to notify the tenant about the move-out inspection within five days of the move-out notice. The inspection should occur no more than three days before the move-out date. Va. Code § 55.1-1226
Notice of Termination for Nonpayment: A landlord can terminate a lease for nonpayment of rent by serving a tenant with a five-day notice to pay rent or quit, a “pay or quit” notice. Va. Code § 55.1-1245
Notice for Lease Violation: No less than 30 days to quit – 21 days to remedy (“21/30 notice”). Va. Code § 55.1-1245
Required Notice before Entry: Landlords must provide tenants with at least 24 hours’ notice before entering a rental property, unless of an emergency. Va. Code § 55.1-1229
Entry Allowed with Notice for Maintenance and Repairs: Landlords are required to provide tenants at least 72 hours’ notice before entering a rental property for routine maintenance, unless the tenant requests the maintenance. Va. Code § 55.1-1229
Emergency Entry Allowed without Notice: The landlord is permitted to enter the dwelling unit without consent of the tenant in the case of an emergency. Va. Code § 55.1-1229
Entry Allowed During Tenant’s Extended Absence: Landlords may enter the dwelling unit at times reasonably necessary to protect his possessions and property during any absence of the tenant greater than seven days. Va. Code § 55.1-1229
Entry Allowed with Notice for Showing the Property: Landlords must provide tenants with 72 hours’ notice before entering a rental property to show it to prospective buyers. Va. Code § 55.1-1229
Notice to Tenants for Pesticide Use: Landlords must give written notice to the tenant no less than 48 hours prior to his application of an insecticide or pesticide in the tenant’s dwelling unit unless the tenant agrees to a shorter notification period. Va. Code § 55.1-1223
Lockouts Allowed: Landlords cannot lock out tenants without going through the proper court eviction process.
Utility Shut-offs Allowed: Landlords may not : shut off utilities without going through the proper court eviction process.
Electronic Notices Allowed: no

Disclosures

  • Name and Addresses: Landlord must disclose name and address of the owner and managing agents. (Va. Code § 55.1-1209)
  • Copy of the Lease: Tenant must receive a copy of the lease. (Va. Code § 55.1-1204)
  • Domestic Violence Situations: Victims may terminate lease with documentation and 30-day notice. (Va. Code § 55.1-1239)

Duties

Landlord’s Duties

Tenant’s Duties