Virginia Landlord-Tenant Law Guide

Security deposits

Maximum amount

2 months’ rent maximum (§55.1-1226(A)). Pet deposits count as part of the security deposit. If the landlord also collects damage or renter’s insurance premiums before move-in, the deposit and premiums together cannot exceed 2 months’ rent (§§55.1-1206, 55.1-1208). A landlord may accept a damage insurance policy instead of a deposit. The current statute does not require interest on deposits.

Return deadline

45 days after the tenancy ends or the tenant moves out, whichever is later, together with a written itemized list of any deductions (§55.1-1226(A)). If damage exceeds the deposit and needs a third-party contractor, the landlord must say so in writing within the 45 days and then has 15 more days to itemize the cost of repairs.

Itemized deduction requirements

Deductions are limited to unpaid rent and late charges in the lease, damage beyond reasonable wear and tear, other charges set by the lease, and actual damages for breach. Within 5 days after the tenant gives notice of moving out, the landlord must tell the tenant in writing that they may attend the move-out inspection, which must take place within 72 hours of move-out. Landlords must keep deduction records for 2 years. A willful violation requires return of the deposit plus actual damages and reasonable attorney fees (§55.1-1226).

Notice requirements

Entry notice

At least 72 hours’ notice for routine maintenance the tenant did not request, and the work must be done within 14 days of the notice (§55.1-1229(A)(4)). For other entry, the landlord must give notice and enter only at reasonable times unless notice is impractical. No notice is needed in an emergency or when the tenant asked for the repair.

Lease termination notice

Month-to-month: written notice at least 30 days before the next rent due date. Week-to-week: 7 days. A lease may set a different period (§55.1-1253(A)). Landlords who own more than 4 rental units (or more than a 10% interest in more than 4) must give written notice of nonrenewal at least 60 days before the lease term ends (§55.1-1204(K)). A multifamily owner who declines to renew 20 or more month-to-month tenancies (or 50% of them, whichever is greater) within 30 days must give 60 days’ notice (§55.1-1253(B)).

Rent increase notice

No limit on the amount. Landlords who own more than 4 rental units (or more than a 10% interest in more than 4) must give written notice of a rent increase at least 60 days before the lease term ends to tenants who have a renewal option or an automatic renewal clause (§55.1-1204(K)). Starting July 1, 2027, that notice period becomes 90 days, and the notice must give the tenant at least 30 days to say whether they will renew. When a tenant stays on month-to-month after a lease ends, a new rent takes effect on the next rent due date at least 30 days after written notice (§55.1-1253(D)).

Rent rules

Rent control

No rent control. No statute authorizes localities to regulate rent, and the VRLTA supersedes local ordinances on landlord and tenant relations (§55.1-1201(E)). A 2026 bill that would have let localities adopt rent regulation (HB 278/SB 355) has not been enacted. The Virginia Housing Commission was still studying it in 2026.

Late fee regulations

A late fee must be stated in the written lease and cannot exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed (§55.1-1204(E)). No statute sets a grace period for written leases. If there is no written lease, rent is due on the 1st and is late if not paid by the 5th (§55.1-1204(C)).

Payment methods

Landlords must accept rent and security deposits by check and money order, and must give a written receipt for rent paid in cash or by money order. If any payment method carries a fee, at least one fee-free method must be offered, and processing fees cannot exceed the landlord’s actual third-party cost (§55.1-1204(J)). Landlords with 4 or fewer units do not have to accept credit or debit cards. On written request, a landlord must provide a statement of charges and payments within 10 business days (§55.1-1204(D)).

Eviction process

Notice to quit / cure period

Since July 1, 2026, a written 14-day notice to pay or the lease will terminate (§55.1-1245(F)). The same 14-day notice applies to a bounced check or rejected electronic payment. Other material lease violations: 30-day notice with 21 days to cure. Violations that cannot be cured: 30-day notice. Criminal or willful acts that threaten health or safety: immediate termination. Starting July 1, 2027, landlords with more than 4 units must offer a payment plan of up to 6 months, once per lease term, when the tenant owes no more than 1 month’s rent plus late charges.

Court filing

Summons for unlawful detainer filed in General District Court (§8.01-126). The first hearing must be held within 21 days of filing (30 days at the latest), and the summons must be served at least 10 days before it. The court will not grant possession without a copy of a proper termination notice, and a landlord cannot sue over a lease violation until it has given the tenant the Statement of Tenant Rights and Responsibilities (§55.1-1204(H)). In a nonpayment case, the tenant can stop the eviction by paying everything owed by the first court date, or up to 48 hours before the sheriff’s scheduled eviction. Landlords with 4 or fewer units may limit this right to once per lease period with written notice (§55.1-1250).

Estimated timeline

About 6–10 weeks from notice to eviction in an uncontested nonpayment case. The steps are the 14-day notice, a hearing within about 3 weeks of filing, and a 10-day appeal period (§8.01-129). The sheriff then gives at least 72 hours’ notice and usually carries out the writ within 15 days (§8.01-470). Contested cases, continuances and appeals take longer.

Maintenance & habitability

Implied warranty of habitability

Yes, by statute. Landlords must follow building and housing codes that affect health and safety, keep the premises fit and habitable, maintain supplied systems and appliances, and prevent moisture buildup and mold (§55.1-1220). Visible mold must be remediated promptly, and the landlord may move the tenant to a comparable unit or hotel at its own cost for up to 30 days while it does so (§55.1-1231). Landlords cannot charge a fee for maintenance or repairs unless the tenant’s violation caused them (§55.1-1208(C)).

Repair response requirements

No single deadline covers all repairs. For serious conditions such as rodents or lack of heat, hot or cold water, electricity or sewage disposal, the landlord must take reasonable steps to fix them within 14 days of written notice (§55.1-1244.1). In a rent escrow case, a delay of more than 30 days after notice is presumed unreasonable (§55.1-1244). Central air conditioning supplied by the landlord counts as an essential service (§55.1-1200).

Tenant remedies

Repair and deduct through a licensed contractor after 14 days, up to 1 month’s rent or $1,500, whichever is greater (§55.1-1244.1). Rent escrow through a tenant’s assertion in General District Court, with rent paid into court (§55.1-1244); from January 1, 2027, the tenant no longer has to be current on past-due rent to file. A 30-day termination notice giving the landlord 21 days to fix the problem (§55.1-1234). A tenant who is locked out or loses an essential service can get a hearing within 5 days and statutory damages of $5,000 or 4 months’ rent, whichever is greater (§55.1-1243.1). Withholding rent outside these procedures is not allowed.

Lease requirements

Required disclosures

• Statement of Tenant Rights and Responsibilities (DHCD form), with a signed acknowledgment, delivered with the lease (§55.1-1204(B))
• Itemized deposit, rent and one-time charges on the first page of the lease, with the statutory notice that no other deposits or rent will be charged (§55.1-1204.1)
• Written move-in inspection report within 5 days of occupancy, stating whether there is visible mold (§§55.1-1214, 55.1-1215)
• Name and address of the property manager and of the owner or owner’s agent (§55.1-1216)
• Military air installation noise zone or accident potential zone, where applicable (§55.1-1217)
• Defective drywall that has not been remediated, if the landlord knows of it (§55.1-1218)
• Prior methamphetamine manufacture not cleaned up, if the landlord knows of it (§55.1-1219)
• If the lease does not require renter’s insurance: notice that the landlord does not insure the tenant’s belongings and that renter’s insurance does not cover flood (§55.1-1206(D))
• Certificate that smoke alarms are present, inspected and working (§55.1-1220(A)(8))
• Lead-based paint disclosure (pre-1978 buildings)

Lease term requirements

If the landlord does not offer a written lease, a 12-month tenancy exists by law, with rent due on the 1st, late after the 5th, and a 2-month deposit cap (§55.1-1204(C)). The landlord must give the tenant a copy of the signed lease within 10 business days. Lease terms cannot be changed mid-lease without the written consent of both parties (§55.1-1204(I)). Application fees are capped at $50 plus actual third-party screening costs (§55.1-1203).

Required clauses

A lease cannot waive VRLTA rights, authorize confession of judgment, require the tenant to pay the landlord’s attorney fees except as the Act allows, limit the landlord’s liability, or waive Servicemembers Civil Relief Act rights in advance. Such clauses are unenforceable (§55.1-1208). A nonresident owner must name a Virginia agent and office address in the lease (§55.1-1211).

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