Rent Increases & Fees in Virginia

Rent Increases & Fees in Virginia

Last Updated: May 6, 2022 by Elizabeth Souza

In Virginia, there are no rent control laws and the state does not preempt rent control. If proper notice is given, landlords can set rent and increase it. Virginia rent increase law is primarily governed by VA Code § 55.1-1258.

Quick Facts
Rent Control None
Minimum Notice for Rent Increases No Statute
Max. Late Fee 10% of rent or 10% of unpaid balance, whichever is less
Max. Bounced Check Fee Interest + $50

When Can a Landlord Increase Rent in Virginia?

A Virginia landlord may increase rent at the time of a lease renewal, or he/she may increase rent at any time on a month-to-month tenant so long as the appropriate notice is provided.

Questions? To chat with a Virginia landlord tenant attorney, Click here

When Is It Illegal to Raise Rent in Virginia?

It is illegal for a Virginia landlord to increase rent in retaliation for a tenant filing a complaint regarding the health, safety, or housing code violations with the appropriate agency, joining a tenant’s group, or testifying against his/her landlord in a court proceeding. (VA Code § 55.1-1258).

According to the Federal Fair Housing Act, it is illegal for a Virginia landlord to raise rent based on the age, race, religion, nation or origin, familial status, or disability status of a tenant.

Is There a Rent Increase Limit in Virginia?

The state of Virginia does not regulate the amount that landlords can charge for rent.

How Much Notice Is Needed for Raising Rent in Virginia?

There is no specific statute on how much prior notice is needed for a rent increase; however, it is customary to provide a 30-Day Notice before the increased rental amount may be expected.

For a FREE rent increase notice template, click here.

How Often Can Rent Be Increased in Virginia?

Virginia does not regulate the frequency with which landlords may increase rent.

Laws Regarding Late Fees in Virginia

Landlords can collect a late fee if rent is not paid on time. In Virginia rent is considered late if left unpaid on the fifth of the month. A late fee of no more than 10% of the monthly rent or 10% of the unpaid balance, whichever is less, can be collected. Any late fee should be disclosed in the lease agreement. (Code of Virg. § 55.1-1204)

Laws Regarding Bounced Check Fees in Virginia

Virginia state landlords may charge an interest of the returned check plus $50 processing fee for bounced checks.

Virginia Cities With Rent Control

Virginia has no laws controlling the amount a landlord may charge for rent. The state does have legislation in place that preempts legislation seeking to control rent or stabilize rental amounts.