| Legal Reasons for Entry |
|
| Notice Requirement |
|
| Penalties for Illegal Entry |
|
Does a Landlord Have the Right To Enter a Rental Property in Virginia?
Virginia landlords have the right to enter a rental property for the following reasons:
- Inspecting the property
- Maintenance and repairs
- Showing the property
- Emergencies
Can a Landlord Enter Without Permission in Virginia?
Virginia landlords can legally enter a rental property without the tenant’s permission in emergencies.
Can a Landlord Enter Without the Tenant Present in Virginia?
Virginia landlords can legally enter rental property without the tenant present.
Can a Landlord Show a House While Occupied in Virginia?
Virginia landlords can show an occupied house. The renter can’t unreasonably refuse. If the appropriate provisions about showing the property are spelled out in the lease, the landlord also gets extra opportunities to recover the costs of an unreasonable renter refusal.
How Often Can Landlords Conduct Routine Inspections in Virginia?
Virginia landlords have no specific limit on how often they can enter for inspections. The landlord isn’t allowed to enter unreasonably often, but what’s reasonable gets decided case by case.
How Much Notice Does a Landlord Need To Provide in Virginia?
Virginia landlords generally have to provide 72 hours of advance notice before entering rental property, except emergencies or when there’s a provable reason it’s not practically possible to give the renter that much notice. The landlord also doesn’t need to provide advance notice to do repairs the renter already requested.
The advance notice must include the latest date in the future upon which the landlord may enter to perform the specific scheduled maintenance. This date cannot be further in the future than 14 days from the landlord issuing the notice to enter.
Can a Landlord Enter Without Notice in Virginia?
Virginia landlords can’t enter without proper advance notice, except in emergencies and other situations where there’s a provable reason that it’s not practically possible to give the renter notice before entry.
How Can Landlords Notify Tenants of an Intention To Enter in Virginia?
Virginia landlords can notify tenants verbally or in writing about an intention to enter.
Can a Tenant Refuse Entry to a Landlord in Virginia?
Virginia tenants can often refuse landlord entry. Landlords can enter in emergencies regardless of consent. Tenants can only refuse entries for other legally allowed purposes when time or manner are unreasonable (for example, a non-emergency maintenance entry at 2:00 AM).
When there’s a declared public health emergency, tenants can also limit landlord access to one entry per six months. To exercise this option, tenants must give the landlord written notice through a special process that releases the landlord from liability for most repairs.
What Happens If the Tenant Illegally Refuses Entry to the Landlord in Virginia?
Virginia landlords can take any of the following actions if the tenant illegally refuses a valid entry:
- Get a court order to force access
- Cancel the rental agreement
- Recover reasonable attorney fees from the tenant through a lawsuit
- Recover cost of any actual damages through a lawsuit
Can a Tenant Change the Locks Without Permission in Virginia?
Virginia tenants can change locks without permission if this doesn’t permanently damage the rental property. Tenants are responsible for all costs, including lock repairs after move-out. They also must give the landlord copies of keys to any new locks.
What Can a Tenant Do If the Landlord Enters Illegally in Virginia?
Virginia tenants can take any of the following actions if the landlord enters illegally, or demands entry repeatedly and unreasonably in a way that harasses the tenant:
- Get a court order to ban the landlord from further unreasonable or harassing entries
- Cancel the rental agreement
- Recover reasonable attorney fees from the landlord through a lawsuit
- Recover cost of any actual damages through a lawsuit
Sources
- 1 Va. Code Ann. § 55.1-1229.A.1 (2023)
-
“The tenant shall not unreasonably withhold consent to the landlord to enter into the dwelling unit in order to inspect the premises; make necessary or agreed-upon repairs, decorations, alterations, or improvements; supply necessary or agreed-upon services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors.”
Source Link - 2 Va. Code Ann. § 55.1-1229.A.4 (2023)
-
“The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times. Unless impractical to do so, the landlord shall give the tenant at least 72 hours’ notice of routine maintenance to be performed that has not been requested by the tenant. If the tenant makes a request for maintenance, the landlord is not required to provide notice to the tenant…”
Source Link - 3 Va. Code Ann. § 55.1-1229.A.3 (2023)
-
“If the rental agreement so provides and if a tenant without reasonable justification declines to permit the landlord or managing agent to exhibit the dwelling unit for sale or lease, the landlord may recover damages, costs, and reasonable attorney fees against such tenant.”
Source Link - 4 Va. Code Ann. § 55.1-1229.C (2023)
-
“The landlord has no other right to access except by court order or that permitted by §§ 55.1-1248 and 55.1-1249 or if the tenant has abandoned or surrendered the premises.”
Source Link - 5 Va. Code Ann. § 55.1-1229.A.4 (2023)
-
“…Notwithstanding the foregoing, during a state of emergency declared by the Governor pursuant to § 44-146.17 in response to a communicable disease of public health threat as defined in § 44-146.16, the tenant may provide written notice to the landlord requesting that one or more nonemergency property conditions in the dwelling unit not be addressed in the normal course of business of the landlord due to such communicable disease of public health threat. In such case, the tenant shall be deemed to have waived any and all claims and rights under this chapter against the landlord for failure to address such nonemergency property conditions. At any time thereafter, the tenant may consent in writing to the landlord addressing such nonemergency property conditions in the normal course of business of the landlord…”
Source Link - 6 Va. Code Ann. § 55.1-1229.A.4
-
The landlord may enter the dwelling unit without consent of the tenant in case of emergency. The landlord shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times. Unless impractical to do so, the landlord shall give the tenant at least 72 hours’ notice of routine maintenance to be performed that has not been requested by the tenant. Such routine maintenance shall be performed within 14 days of delivery of the notice to the tenant, and the notice shall state the last date on which the maintenance may possibly be performed. If the tenant makes a request for maintenance, the landlord is not required to provide notice to the tenant.
Notwithstanding the foregoing, during a state of emergency declared by the Governor pursuant to § 44-146.17 in response to a communicable disease of public health threat as defined in § 44-146.16, the tenant may provide written notice to the landlord requesting that one or more nonemergency property conditions in the dwelling unit not be addressed in the normal course of business of the landlord due to such communicable disease of public health threat. In such case, the tenant shall be deemed to have waived any and all claims and rights under this chapter against the landlord for failure to address such nonemergency property conditions. At any time thereafter, the tenant may consent in writing to the landlord addressing such nonemergency property conditions in the normal course of business of the landlord. In the case of a tenant who has provided notice that he does not want nonemergency repairs made during the state of emergency due to a communicable disease of public health threat, the landlord may nonetheless enter the dwelling unit to do nonemergency repairs and maintenance with at least seven days’ written notice to the tenant and at a time consented to by the tenant, no more than once every six months, provided that the employees and agents sent by the landlord are wearing all appropriate and reasonable personal protective equipment as required by state law. Furthermore, if the landlord is required to conduct maintenance or an inspection pursuant to the agreement for the loan or insurance policy that covers the dwelling unit, the tenant shall allow such maintenance or inspection, provided that the employees and agents sent by the landlord are wearing all appropriate personal protective equipment as required by state law.
Source Link - 7 Va. Code Ann. § 55.1-1210 (2023)
-
“If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access, or terminate the rental agreement. In either case, the landlord may recover actual damages and reasonable attorney fees. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that is otherwise lawful but that have the effect of unreasonably harassing the tenant, the tenant may obtain injunctive relief to prevent the recurrence of the conduct, or terminate the rental agreement. In either case, the tenant may recover actual damages and reasonable attorney fees.”
Source Link - 8 See generally Isbell v. Commercial Investment Assocs, 273 Va. 605 (Va. 2007)
-
The available remedies under Virginia’s Residential Landlord-Tenant Act (VRLTA) are those specified by the statute, in addition to the generally available remedies for breach of contract (monetary damages, plus injunctive relief on an equitable basis).
Source Link - 9 Va. Code Ann. § 55.1-1229.D (2023)
-
“The tenant may install within the dwelling unit new security systems that the tenant may believe necessary to ensure his safety, including chain latch devices approved by the landlord and fire detection devices, provided that: 1. Installation does no permanent damage to any part of the dwelling unit; 2. A duplicate of all keys and instructions for the operation of all devices are given to the landlord; and 3. Upon termination of the tenancy, the tenant is responsible for payment to the landlord for reasonable costs incurred for the removal of all such devices and repairs to all damaged areas.”
Source Link
