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.
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.
- 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 & 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 & 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 & 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. There’s no advance notice requirement to do repairs the tenant requested, or when there’s an emergency.
Rent Collection & 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.
- 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.
- Tenant Rights: Landlords must provide each tenant with the Statement of Tenant Rights and Responsibilities.
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.
