Rent Increase Facts | Answer |
Reason Needed? | No |
Maximum Amount | None |
Required Notice | 7 or 30 Days |
Does Virginia Have Rent Control Laws?
Virginia does not have rent control laws limiting the amount that landlords request. State law prohibits local governments from passing their own landlord-tenant laws, including for things like rent control.
When Can a Landlord Raise Rent in Virginia?
Landlords in Virginia can raise the rent at any time, as long as they comply with the following:
- Wait until the end of the lease term (unless otherwise specified in the lease)
- Give reasonable notice
- Aren’t raising rent for discriminatory or retaliatory reasons
30 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by $150 per month if they choose to renew the lease.
When Can’t a Landlord Raise Rent in Virginia?
Landlords in Virginia may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement)
- It is done in retaliation against a protected tenant action, such as filing a complaint
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act
Additionally, Virginia’s Fair Housing Law prohibits discrimination due to:
- Source of income
- Military status
How Often Can Rent Be Increased in Virginia?
Landlords in Virginia can increase the rent as often as they wish, as long as they provide sufficient notice each time.
How Much Notice is Needed To Raise Rent in Virginia?
Virginia landlords must give notice as follows to raise rent:
- Month-to-month lease – 30 days before the rent due date
- Week-to-week lease – 7 days before the rent due date
There is no specific notice period required for a year-long lease, but landlords must set reasonable policies in good faith. Landlords cannot increase the rent during the lease term unless stated otherwise in the lease agreement. If there is a year lease without a rent increase provision, the landlord must wait until the end of the lease term before increasing rent.
Landlords who own more than four dwelling units must provide at least 60 days of advance notice regarding a rent increase, to any tenant who has the option to renew or an automatic renewal provision in the lease.
How Much Can a Landlord Raise Rent in Virginia?
Virginia landlords may raise the rent by any amount. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 Va. Code § 55.1-1201(a)
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This chapter shall apply to all jurisdictions in the Commonwealth and may not be waived or otherwise modified, in whole or in part, by the governing body of any locality or its boards or commissions or other instrumentalities or by the courts of the Commonwealth. Occupancy in a public housing unit or other housing unit that is a dwelling unit is subject to this chapter; however, if the provisions of this chapter are inconsistent with the regulations of the U.S. Department of Housing and Urban Development, such regulations shall control.
Source Link - 2 Va. Code § 55.1-1258(a)
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Except as provided in this section or as otherwise provided by law, a 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 § 55.1-1253 or 55.1-1410 after he has knowledge that
(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 an action against the landlord for a violation of any provision of this chapter,
(iii) the tenant has organized or become a member of a tenant’s organization, or
(iv) the tenant has testified in a court proceeding against the landlord. However, the provisions of this subsection shall not be construed to prevent the landlord from increasing rent to that which is charged for similar market rentals nor decreasing services that apply equally to all tenants.
Source Link - 3 Va. Code § 36-96.3(a)(1)
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It shall be an unlawful discriminatory housing practice for any person to:
1. Refuse to sell or rent after the making of a bona fide offer or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, national origin, sex, elderliness, source of funds, familial status, sexual orientation, gender identity, or military status.
Source Link - 4 Va. Code § 55.1-1253(a)
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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. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period. The landlord and the tenant may agree in writing to an early termination of a rental agreement. In the event that no such agreement is reached, the provisions of § 55.1-1251 shall control.
Source Link - 5 Va. Code § 55.1-1204(k)
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A landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth, shall be required to provide written notice to any tenant who has the option to renew a rental agreement or whose rental agreement contains an automatic renewal provision of any increase in rent during the subsequent rental agreement term. Such notice shall be provided to the tenant no less than 60 days prior to the end of the rental agreement term. This subsection shall not apply to any periodic tenancy created pursuant to subsection C of § 55.1-1253.
Source Link