Under Virginia law, if a written or oral rental agreement exists, or if payment is accepted as rent, landlords and tenants have automatic rights and responsibilities under the Residential Landlord and Tenant Act, such as the right to timely rent payments and a livable dwelling.
Tenant Responsibilities
Evictions
Security Deposits
Lease Termination
Rent Increases
Discrimination
Landlord Entry
Note: These rights exist regardless of what the rental agreement says.
Landlord Responsibilities in Virginia
In Virginia, landlords must rent out only properties which are habitable. When there’s a habitability issue, they must make needed repairs after receiving notice from the tenant.
Here is a list of essential amenities that landlords are or are not responsible for in Virginia:
| Item | Has To Provide? | Has To Fix/Replace? |
|---|---|---|
| Heating/AC | Only Heating, In Season | Yes |
| Hot Water | Yes | Yes |
| Kitchen Appliances | No | Only If Provided |
| Garbage Containers/Removal | Yes | Yes |
| Smoke and Carbon Monoxide (CO) Detectors | Only Smoke (CO by tenant request) | Yes |
| Mold | N/A | Yes |
| Pest Control | N/A | Yes |
If a property doesn’t provide the legally required amenities for habitable housing, a tenant can usually report the landlord to government authorities for unsafe living conditions.
Renter’s Rights for Repairs in Virginia
Landlords are required to make necessary repairs in a timely manner. In Virginia, repairs must be made within 14-21 days after getting written notice from tenants, depending on the specific remedy the tenant wants to select.
If repairs aren’t made in a timely manner, Virginia tenants can sue for costs, or a court order to force the landlord to make repairs. They can also cancel the rental agreement, or make minor repairs and deduct from the rent. They might even withhold rent through a court escrow program.
In Virginia, unlike most states, the law lets a tenant recover most costs, including rent and security deposit, from a landlord as soon as a government authority condemns the property after the landlord fails to act on a valid repair request.
Tenant Responsibilities in Virginia
Aside from paying rent on time, Virginia tenants must:
- Keep the premises in a safe and hazard-free state
- Comply with all building and housing codes that materially affect health and safety
- Keep all plumbing fixtures clean
- Use all facilities, appliances, and utilities in a reasonable manner
- Promptly pay utility services
- Abide by cleanliness standards
- Maintain the premise by preventing any mold growth or an accumulation of moisture
- Remove garbage and trash
- Not deliberately or negligently destroy or damage any part of the property
- Not disturb neighbors or other tenants
- Not remove or tamper with any functioning smoke detector or carbon monoxide detector
Evictions in Virginia
Virginia landlords have relatively broad authority to evict tenants. The most common reasons for eviction are:
- Nonpayment of Rent: If a tenant does not pay rent by the specified date, then a landlord may issue a 5 Day Notice To Pay. If the tenant does not pay within the notice period, then the landlord may begin eviction proceedings. (Note, however, that Virginia currently has a Nonpayment Pilot Program active to put certain low-income tenants on a payment plan when they’re behind on rent. As of this writing, the program is in force until July 1, 2025. )
- Violation of Lease Terms: If a tenant is violating the terms of the lease, then the landlord may issue a 30-Day Notice To Comply, giving the tenant 21 days to correct the issue or the lease will end within the 30-day notice period. If the violation cannot be cured, the landlord may provide a 30-Day Notice To Quit.
- No Lease/End of Lease: If the tenant remains on the premises after the lease term has expired, the landlord may issue a notice to quit. The amount of time required in the notice depends on the type of tenancy.
- Week-to-Week: 7-Day Notice To Quit.
- Month-to-Month: 30-Day Notice To Quit.
- Illegal Acts: If a landlord finds that a tenant is engaging in illegal acts, including criminal activity, illegal drug activity, and violent acts that affect the health and safety of other residents, then they may immediately file an eviction suit with the court without any advance notice.
Landlords are prohibited from evicting tenants in retaliation or for discriminatory reasons.
Landlord Retaliation in Virginia
It’s illegal for Virginia landlords to retaliate with raised rent, reduced services, or threatened eviction against tenants who have taken a protected action like reporting a landlord to government authorities for health and safety violations.
Security Deposits in Virginia
Collections and Holdings: The following laws apply to the collection and holding of security deposits:
- Maximum: 2 months’ rent
- Inventory Requirement: Landlords must provide a written report describing the condition of the rental unit at the start of the lease term
- Interest Requirement: None
Returns and Deductions: The following laws apply to the return of security deposits:
- Allowable Deductions: Unpaid rent, late fees, damage, costs due to early termination of the lease, and other charges outlined in the lease agreement
- Time Limit for Return: 45 days
- Max. Penalty for Late Return: Tenants can sue for the amount due plus actual damages and attorneys’ fees
Lease Termination in Virginia
Notice Requirement: Virginia tenants that have periodic leases must give the following amounts of notice when they wish to terminate their leases:
| Rent Payment Frequency | Notice Needed |
|---|---|
| Week-to-Week | 30 Days |
| Month-to-Month | 3 Months |
| Quarter-to-Quarter | No statute |
| Year-to-Year | No statute |
Early Termination: Virginia allows tenants to legally break a lease for the following reasons:
- Early termination clause in lease agreement
- Active military duty
- Uninhabitable unit
- Violation of lease terms
- Domestic violence
- Failure to provide mandatory disclosures
Cost of Breaking a Lease in Virginia
If a Virginia tenant breaks their lease early, they are still liable for the rent for the remaining lease period. Landlords are legally required to make a reasonable effort to re-rent the unit, and if they find a new tenant, the original tenant is then no longer liable to pay all remaining rent.
Landlords cannot keep the full security deposit because a tenant broke their lease. The landlord can make deductions for damages or unpaid rent, but the rest must be returned to the tenant.
Rent Increases in Virginia
Virginia does not have rent control and state law prohibits cities and towns from creating their own rent control laws.
Because Virginia does not have rent control, landlords can raise the rent by any amount, as often as they choose, but they cannot increase the rent during the lease term unless the lease agreement allows for it. Additionally, landlords cannot increase the rent out of discrimination of state or federally-protected classes or in retaliation.
Landlords must give 30 days’ notice to month-to-month tenants before increasing the rent. Tenants that pay rent weekly must be given 7 days’ notice before a rent increase.
Housing Discrimination in Virginia
Protected Groups: The Fair Housing Act prohibits discrimination on the basis of race, color, nationality, religion, sex, familial status, or disability. Virginia state law has extra protections for individuals based on their age. Virginia tenants cannot be evicted solely because their age exceeds 55 years.
Discriminatory Acts and Penalties: The Virginia Fair Housing Board handles the enforcement of housing discrimination laws. The following behaviors may be interpreted as discriminatory when directed at a member of a protected group:
- Refusing to rent or sell on a bona fide offer
- Falsely claiming a unit is unavailable
- Offering different terms, conditions, or privileges
- Refusing to make reasonable accommodations
- Persuading tenants to rent, buy, or sell based on perceptions about the future demographics of the neighborhood (blockbusting)
Virginia tenants who have been the victim of discrimination in housing may file a report with the Virginia Fair Housing Board. If the complaint of discrimination is deemed justified, then the tenant may use it as the basis for civil litigation.
Additional Landlord Tenant Regulations in Virginia
In addition to having laws that address general issues like repairs and security deposits, most states, including Virginia, grant rights and responsibilities about things like lock changes and a landlord’s right to entry. See the topics below for more information.
Landlord Right To Entry in Virginia
Landlords in Virginia have the right to enter rental property for inspections, maintenance, and property showings. They usually must provide 72 hours of advance notice before entering a tenant’s dwelling for non-emergencies, and also provide a 14-day (maximum) window during which an entry will occur. There’s no advance notice requirement to do repairs the tenant requested, or when there’s an emergency.
Rent Collection and Related Fees in Virginia
The following laws apply to the collection of rent and related fees:
- Grace Period: Landlords are not typically required to provide a grace period for the payment of rent before charging a late fee. However, if there is no written lease agreement, landlords must provide a five-day grace period
- Maximum Late Fee: 10%
- Rent Payment Methods: There is no state law governing which payment methods landlords may or may not accept for the payment of rent
- Rent Receipt: Required upon request for cash or money order
Small Claims Court in Virginia
Most disputes between landlords and tenants are handled in Small Claims Court, which is an informal process designed to be quicker and simpler than higher courts. For example, disputes regarding the return of security deposits are typically handled in Small Claims Court.
Landlords and tenants can file cases in Small Claims Court to settle minor disputes without hiring an attorney if the amount claimed is less than $5,000. Virginia Small Claims Court is a division of General District Court. The process takes approximately one to two months.
Mandatory Disclosures
Virginia landlords are required to make the following disclosures:
- Lead-Based Paint: For homes built prior to 1978, landlords must provide info about the concentrations of lead paint
- Move-In Checklist: Landlords must provide tenants with a written report that describes the rental unit’s inventory and the condition of the property
- Statement of Tenant Rights and Responsibilities: Landlords must accompany every new lease with a Statement of Tenant Rights and Responsibilities produced by the state Department of Housing and Community Development
- Fee Disclosure Statement: Landlords must disclose the total rent and all fees which may be charged under the lease, together with a statement that the landlord is not allowed to charge fees which aren’t in the disclosure (and aren’t agreed later in an addendum)
- Authorized Agents: Tenants are entitled to receive the names and addresses of all parties involved in owning and managing the property
- Location Adjacent to Military Institution: Landlords must indicate that their home is near a military institution and may be in a “noise zone” or an “accident potential zone”
- Defective Drywall: Landlords must tell tenants if any parts of the drywall are defective
- Methamphetamine Manufacturing: Landlords must disclose if they have actual knowledge that their property has been used in the past for manufacturing methamphetamine
- Mold: Virginia landlords must disclose if a property contains mold before occupancy. Tenants may dispute this disclosure in the first five days of the lease agreement
- Shared Utilities: Landlords must disclose how utilities are split between multiple tenants and common areas
- Demolition or Displacement: This disclosure is applicable to any multifamily dwelling unit where tenants will be displaced within six months from scheduled demolition, rehabilitation, or conversion of the property
Virginia law also requires a landlord to provide a tenant with an extra hard copy of the lease once per year upon request, or make a copy easily accessible online at no cost to the tenant.
Changing the Locks in Virginia
Virginia law prohibits “lockouts” by the landlord as an illegal form of “self help” eviction. Tenants may change locks at will, as long as they cause no permanent damage, provide copies of keys to the landlord, and pay the landlord any reasonable cost for damages or reinstallation.
How to Report a Virginia Landlord for Unsafe Living Conditions
When a Virginia landlord fails to keep a rental property in the condition required by state and local law, renters have the right to report such violations to the proper government organizations. Most areas have dedicated inspections departments which enforce code compliance. Renters can request an inspection from such local authorities as evidence that the landlord has provided substandard housing.
Local Laws in Virginia
Many cities in Virginia have their own landlord-tenant laws in addition to the state requirements. Check your local county and municipality for additional landlord tenant regulations.
Virginia Beach Landlord Tenant Rights
The City of Virginia Beach prohibits housing discrimination based on sexual orientation or gender identity.
Chesapeake Landlord Tenant Rights
The City of Chesapeake has stricter housing inspection codes for properties within the city limits, including the presence of smoke detectors, accessibility features, and more.
Alexandria Landlord Tenant Rights
The City of Alexandria prohibits housing discrimination based on sexual orientation.
Check with your local country or municipality for extra landlord tenant rules and regulations.
Sources
- 1 Va. Code § 55.1-1262
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(Expires July 1, 2025) Eviction Diversion Pilot Program; process; court-ordered payment plan.
A. A tenant in an unlawful detainer case shall be eligible to participate in the Program if he:
1. Appears in court on the first docket call of the case and requests to have the case referred into the Program;
2. Pays to the landlord or into the court at least 25 percent of the amount due on the unlawful detainer as amended on the first docket call of the case;
3. Provides sworn testimony that he is employed and has sufficient funds to make the payments under the court payment plan, or otherwise has sufficient funds to make such payments;
4. Provides sworn testimony explaining the reasons for being unable to make rental payments as contracted for in the rental agreement;
5. Has not been late within the last 12 months in payment of rent as contracted for in the rental agreement at the rate of either (i) more than two times in six months or (ii) more than three times in 12 months;
6. Has not exercised the right of redemption pursuant to § 55.1-1250 within the last six months; and
7. Has not participated in an eviction diversion program within the last 12 months.
B. The court shall direct an eligible tenant pursuant to subsection A and his landlord to participate in the Program and to enter into a court-ordered payment plan. The court shall provide for a continuance of the case on the docket of the general district court in which the unlawful detainer action is filed to allow for full payment under the plan. The court-ordered payment plan shall be based on a payment agreement entered into by the landlord and tenant, on a form provided by the Executive Secretary, and shall contain the following provisions:
1. All payments shall be (i) made to the landlord; (ii) paid by cashier’s check, certified check, or money order; and (iii) received by the landlord on or before the fifth day of each month included in the plan;
2. The remaining payments of the amounts on the amended unlawful detainer after the first payments made on the first docket call of the case shall be paid on the following schedule: (i) 25 percent due by the fifth day of the month following the initial court hearing date, (ii) 25 percent due by the fifth day of the second month following the initial court hearing date, and (iii) the final payment of 25 percent due by the fifth day of the third month following the initial court hearing date; and
3. All rental payments shall continue to be made by the tenant to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement each month during the course of the court-ordered payment plan.
C. If the tenant makes all payments in accordance with the court-ordered payment plan, the judge shall dismiss the unlawful detainer as being satisfied.
D. If the tenant fails to make a payment under the court-ordered payment plan or to keep current any monthly rental payments to the landlord as contracted for in the rental agreement within five days of the due date established by the rental agreement, the landlord shall submit to the general district court clerk a written notice, on a form provided by the Executive Secretary, that the tenant has failed to make payments in accordance with the plan. A copy of such written notice shall be given to the tenant in accordance with § 55.1-1202.
The court shall enter an order of possession without further hearings or proceedings, unless the tenant files an affidavit with the court within 10 days of the date of such notice stating that the current rent has in fact been paid and that the landlord has not properly acknowledged payment of such rent. A copy of such affidavit shall be given to the landlord in accordance with § 55.1-1202.The landlord may seek a money judgement for final rent and damages pursuant to subsection B of § 8.01-128.
E. Nothing in this section shall be construed to limit (i) the landlord from filing an unlawful detainer for a non-rent violation against the tenant while such tenant is participating in the Program or (ii) the landlord and tenant from entering into a voluntary payment agreement outside the provisions of this section.
Source Link - 2 Va. Code § 55.1-1229(A)(1) - (A)(4)
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A. 1. 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.
2. If, upon inspection of a dwelling unit during the term of a tenancy, the landlord determines there is a violation by the tenant of § 55.1-1227 or the rental agreement materially affecting health and safety that can be remedied by repair, replacement of a damaged item, or cleaning in accordance with § 55.1-1248, the landlord may make such repairs and send the tenant an invoice for payment. If, upon inspection of the dwelling unit during the term of a tenancy, the landlord discovers a violation of the rental agreement, this chapter, or other applicable law, the landlord may send a written notice of termination pursuant to § 55.1-1245.
3. 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.
As used in this subdivision, “reasonable justification” includes the tenant’s reasonable concern for his own health, or the health of any authorized occupant, 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, provided that the tenant has provided written notice to the landlord informing the landlord of such concern. In such circumstances, the tenant shall provide to the landlord or managing agent a video tour of the dwelling unit or other acceptable substitute for exhibiting the dwelling unit for sale or lease.
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. …
Source Link - 3 Va. Code § 55.1-1243.2
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A. If the tenant gave notice to the landlord during the tenancy that his dwelling unit was in violation of an applicable building code, such violation posed a substantial risk to the health, safety, or welfare of a tenant, and such violation resulted in the tenant being excluded from his dwelling unit due to such unit being condemned, the landlord shall be liable to the tenant for actual damages. The landlord shall also return to the tenant any (i) prepaid rent that had not become due as of the date of condemnation, (ii) security deposit, or (iii) rent paid, if any, to the landlord subsequent to the unit being condemned.
B. No landlord shall be liable pursuant to this section if:
1. The condemnation of the dwelling unit was caused by (i) the deliberate or negligent act or omission of the tenant, an authorized occupant, or a guest or invitee of the tenant or (ii) an act of God; or
2. The lease was properly terminated pursuant to § 55.1-1240.
Source Link - 4 Va. Code § 55.1-1204(H)
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The landlord shall provide a copy of the signed written rental agreement and the statement of tenant rights and responsibilities to the tenant within 10 business days of the effective date of the written rental agreement. The failure of the landlord to deliver such a rental agreement and statement shall not affect the validity of the agreement. However, the landlord shall not file or maintain an action, including any summons for unlawful detainer, against the tenant in a court of law for any alleged lease violation until he has provided the tenant with the statement of tenant rights and responsibilities.
The landlord shall provide the tenant with an additional hard copy of such tenant’s rental agreement once per year upon request or shall maintain such rental agreement in an electronic format that can be easily accessed by or shared with the tenant upon request. Any additional electronic copy of a tenant’s rental agreement provided pursuant to this subsection shall be provided by the landlord at no charge to the tenant.
Source Link - 5 Va. Code § 55.1-1204(B)
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A landlord shall offer a prospective tenant a written rental agreement containing the terms governing the rental of the dwelling unit and setting forth the terms and conditions of the landlord-tenant relationship and shall provide with it the statement of tenant rights and responsibilities developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139. The parties to a written rental agreement shall sign the form developed by the Department of Housing and Community Development and posted on its website pursuant to § 36-139 acknowledging that the tenant has received from the landlord the statement of tenant rights and responsibilities. The written rental agreement shall be effective upon the date signed by the parties.
If a tenant fails to sign the form available pursuant to this subsection, the landlord shall record the date or dates on which he provided the form to the tenant and the fact that the tenant failed to sign such form. Subsequent to the effective date of the tenancy, a landlord may, but shall not be required to, provide a tenant with and allow such tenant an opportunity to sign the form described pursuant to this subsection. The form shall be current as of the date of delivery.
Source Link - 6 Va. Code § 55.1-1204.1
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A landlord shall provide, beginning on the first page of the written rental agreement, a description of any rent and fees to be charged to the tenant in addition to the periodic rent. Immediately above the list of fees, the written rental agreement shall state: No fee shall be collected unless it is listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement.
Source Link
