Looking for clear and concise information on Virginia landlord tenant law? Get all your answers from this plain English guide to the Virginia Landlord Tenant Act.
VA Landlord Tenant Law:
If the landlord owns two or less single family houses, he or she can choose to opt of out of this Act by stating so in the rental agreement. [VA 55-248.3:1.(B)]
The landlord can ask prospective tenants for application fees to cover the costs of background and credit checks. The fee amount should be reasonable - We recommend charging $25 to $30 per applicant. If the landlord did not run any tenant screening checks, the fees should be refunded.
Before running background or credit checks on tenant applicants, landlords must first obtain the applicant's written permission. [Fair Credit Reporting Act § 604(a)(3)(F)]
For landlords to run background and credit checks, the tenant application form needs to ask for the applicant's:
The federal Fair Housing Act disallows landlords from rejecting prospective renters based on their race, color, religion, nationality, sex, *familial status or physical/mental disability. *Familial status means landlords cannot reject someone for having one or more children under 18. Familial status also includes pregnant women and people planning to have (or adapt) children under 18.
In addition, Virginia landlord tenant law disallows landlords from rejecting someone as a renter because of age.
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A tenancy agreement (also known as a lease agreement or rental agreement) can be written or verbal.
The landlord and tenant can choose between a month to month tenancy or fixed term lease. For a month to month tenancy, the landlord or tenant can change its terms and conditions at the end of every month. For a fixed term lease, the landlord and tenant CANNOT change the lease terms and conditions during its duration... unless there is written consent from both parties.
Unless the rental agreement specifies a fix term, the tenancy shall be month to month by default. If the tenant is renting a room and paying rent every week, then the tenancy shall be week to week. [VA 55-248.7.(D)]
Before entering into a rental agreement, Virginia landlord tenant law requires the landlord to disclose the following to the tenant:
Virginia landlord tenant law requires all tenancy agreements to contain the following details [VA 55-248.12.(A)]:
According to Virginia landlord tenant law, your lease agreement CANNOT [VA 55-248.9]:
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According to Virginia landlord tenant law, the landlord can ask for up to two month's rent as security deposit. [VA 55-248.15:1]
There are no Virginia landlord tenant laws on security deposit holding methods and security deposit interest.
Virginia landlord tenant law requires the landlord to inform the tenant of the terms and conditions for security deposit deductions. [VA 55-248.15:1.(A)]
Valid reasons for security deposit deductions (under Virginia landlord tenant law) include:
The landlord is NOT allowed to take money from the security deposit due to damage from *normal wear and tear. *Normal wear and tear is the natural deterioration of the property (and its contents) from normal everyday use.
Once the lease terminates and the tenant returns the property, the landlord must send the tenant a list of security deposit deductions and refund any remaining deposit within 45 days. This list has to individually account for all damages and rent owed in writing.
The landlord can also make security deposit deduction DURING the tenancy (30 or more days left on the lease) by sending the above itemized list of deductions to the tenant.
If the landlord fails to follow Virginia landlord tenant law for deducting and returning security deposit, the tenant can recover the full deposit amount (minus any rent owed) plus actual damages and attorney fees.
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Virginia Beach, Virginia VA
The tenant has to pay the rent without demand or reminders. As long as the landlord and tenant are agreeable, they can choose the time, place and method of rent payment. [VA 55-248.7.(C)]
The landlord shall give the tenant with a written receipt upon request whenever the tenant pays rent by cash or a money order. [VA 55-248.7.(h)]
After receiving any prepaid rent from the tenant, the landlord shall deposit it in an escrow account (of a federally insured depository) within five business days. [VA 55-248.7:1]
There are no Virginia landlord tenant statutes on imposing charges for late rent payments.
If the landlord wants to impose late rent charges, it has to be specified in the tenancy agreement. While there are no state laws on late fees, landlords cannot overcharge or impose unfair terms. Otherwise the tenant can refuse to pay and challenge the late fees in court.
Most states consider reasonable late fees to be around 3 to 5% of the rent amount. In addition, landlords should wait until rent payment is at least three days late before charging late fees.
There are no specific Virginia landlord tenant statutes on raising rent.
We recommend that the landlord and tenant work out the following details and include them in the rental agreement:
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Move-In Inspection: Within five days of the tenant moving into the property, the landlord has to give the tenant a written report individually accounting for any preexisting damages.This report has to also state whenever there is visible mold inside the rental unit. [VA 55-248.11:2]
After receiving this report, the tenant has five days to dispute it in writing. [VA 55-248.11:1]
The Virginia Landlord Tenant Act requires the landlord to maintain the property in a safe and habitable condition [VA 55-248.13]:
Virginia landlord tenant law also requires the tenant to keep the property in a clean and safe condition [VA 55-248.16]:
If the landlord violates the rental agreement or fails to perform his or her duties (see Landlord Duties and Responsibilities above) AND this affects health and safety, the tenant can give the landlord a written notice stating the problems and giving the landlord 21 days to correct them. This notice must also state that the rental agreement will terminate in 30 days if the problems aren't fixed in time. [VA 55-248.21]
If the problems are corrected within 21 days (of the landlord receiving this notice), then the tenancy shall continue.
However if the landlord deliberately violates the tenancy agreement (or fails in his or her duty) in a similar manner for the second time, the tenant can send the landlord a 30 day written notice stating the landlord's first violation, second violation and lease termination date. In this case, the tenancy will have to terminate.
In addition, the tenant can obtain a court order (that requires the landlord to correct the violations) and recover damages plus attorney fees.
If the landlord fails to provide an essential service (such as heat, running water, hot water, electricity or gas), the tenant must give the landlord a written notice stating the problem and give the landlord a reasonable amount to provide the service. [VA 55-248.23.]
If the landlord fails to provide the service in time, the tenant can EITHER:
In both cases, the tenant can also recover attorney fees from the landlord. [VA 55-248.23.(B)]
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According to Virginia landlord tenant law, the landlord is only allowed to enter the property for the following reasons [VA 55-248.18]:
In the above situations, the landlord must inform the tenant at least 24 hours in advance before entering the property. The landlord can only enter the property with the tenant's consent and during reasonable hours.
According to Virginia landlord tenant law, the landlord may enter the property without permission in the following situations:
The tenant cannot deny access if the landlord has a valid reason to enter the property. [VA 55-248.10:1]
Otherwise the landlord can EITHER
In addition, the landlord can also sue the tenant for actual damages and attorney fees.
The landlord must have a valid reason and obtain the tenant's permission (whenever required) to enter the property. I[VA 55-248.10:1] f the landlord fails to do so or harasses the tenant, the tenant can EITHER
In addition, the tenant can also sue the tenant for actual damages and attorney fees.
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If the lease rental agreement allows the landlord to approve or reject subtenants or assignees, the landlord shall have to approve or reject them within 10 business days of receiving their written application. If the landlord fails to do so, it will be assumed that he or she has approved the subtenant or assignee. [VA 55-248.7.(E)]
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Richmond, Virginia VA
Before terminating a tenancy, Virginia landlord tenant law requires you to give the other party a written notice to quit in advance [VA 55-248.37(a)]:
Week to week tenancy |
7 days |
Month to month tenancy |
30 days |
If you are the tenant, the following are the minimum number of days for giving your landlord a notice to quit:
Landlord failed to disclose compulsory issues before tenancy |
15 days |
Landlord failed to maintain property |
30 days |
Landlord entered property illegally |
Immediate |
Tenant is deployed in the armed forces or national guard |
See below |
Tenant is a victim of family abuse, sexual abuse or sexual assault |
See below |
Property damage due to fire, disaster or unavoidable accident |
Immediate |
If the landlord fails to disclose any of the following issues to the tenant BEFORE entering a tenancy, then the tenant can terminate the rental agreement:
1. Property is located near a military air installation
The tenant can send the landlord a written 15 day notice to quit by certified or registered mail to terminate the lease agreement in the first 30 days of tenancy. [VA 55-248.12:1.(B)]
2. Property has defective drywall
The tenant can give the landlord a written 15 day notice to quit to terminate the lease agreement (within 60 days of discovering this issue). [VA 55-248.12:2.(B)]
3. Property was used to manufacture methamphetamine and wasn't cleaned up to code
The tenant can give the landlord a written 15 day notice to quit to terminate the lease agreement (within 60 days of discovering this issue). [VA 55-248.12:3.(A)]
Virginia landlord tenant law allows a service member to terminate the tenancy agreement if ONE of the following conditions is met [VA 55-248.21:1.(A)]:
The tenant may terminate the rental agreement by giving the landlord a written notice to quit AND a copy of the official orders or signed verification letter by the tenant's commanding officer. [VA 55-248.21:1.(B)]
The lease shall be terminated 30 days after the next rent due date (e.g.
If the tenant gives notice to quit on 10 Jan and rent is due on 15 Jan,
then the lease shall terminate on 15 Feb).
If the tenant is a victim of family abuse, sexual abuse or sexual assault, he or she can terminate the tenancy by giving the landlord a written notice of termination PLUS a copy of a protective order or conviction order naming the tenant as a victim of domestic abuse. [VA 55-248.21:2]
The lease shall be terminated 30 days after the next rent due date (e.g. If the tenant gives notice to quit on 10 Jan and rent is due on 15 Jan, then the lease shall terminate on 15 Feb).
If the property is badly damaged by fire, disaster or unavoidable
accident, the tenant can immediately move out and stop paying rent.
The tenancy shall terminate once the tenant moves out. The tenant must inform the landlord that he or she intends to terminate the tenancy within 14 days of moving out. [VA 55-248.24]
If only part of the property is damaged, the tenant should move out of the damaged area. The rent amount will be lowered based on how much of the property is still livable. [VA 55-226]
After the tenant moves out, the landlord must return the security deposit (after any deductions) to the tenant. The tenant won't have to pay rent starting from the date of the fire or natural disaster, so the landlord must also return any prepaid rent to the tenant.
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According to Virginia landlord tenant law, the following are valid reasons for evicting tenants and the minimum number of days for giving them a notice to quit:
Tenant refused landlord's valid request to enter property |
See Property Access |
Tenant was late in paying rent |
5 days |
Tenant violated tenancy agreement or didn't perform duties |
30 days |
Tenant or related person was involved in criminal or willful acts on property |
Immediate |
Property Damage Due to Fire, Disaster or Unavoidable Accident |
14 days |
If the tenant did not pay rent on time OR makes an unsuccessful payment (invalid check or fund transfer due to insufficient funds), the landlord can send the tenant a five day written notice to terminate the tenancy. This notice must state the amount of rent owed and that the rental agreement shall be terminated if rent isn't paid within five days. [VA 55-248.31.(F)]
If the rent is paid within seven days, then tenancy shall continue.
If the tenant violates the tenancy agreement in a *significant manner, the landlord can send the tenant a written 30 day notice to terminate the tenancy. *Significant manner refers to situations that affects human health and safety.
Similarly if the tenant fails to perform his or her duties (see Tenant Duties and Responsibilities above) in a *significant manner, the landlord can also send the tenant a written 30 day notice to terminate the tenancy. [VA 55-248.31.(A)]
This written notice has to state what is the tenant's violation or failure in duty. If the tenant corrects the problem within 30 days, then the tenancy shall continue. [VA 55-248.31.(B)]
If the tenant (or tenant's occupant or tenant's guest) engaged in criminal or willful acts on the property, the landlord can terminate the tenancy immediately by sending the tenant a written notice to quit.
Virginia landlord tenant law lists the following as criminal or willful acts: illegal drug activities involving controlled substances and acts threatening health and safety. [VA 55-248.31.(c)]
If the property is badly damaged by fire, disaster or unavoidable accident, the landlord can send the tenant a 14 day written notice to terminate the tenancy. [VA 55-248.24]
If only part of the property is damaged, the tenant should move out of the damaged area. The rent amount will be lowered based on how much of the property is still livable. [VA 55-226]
According to Virginia landlord tenant law, the landlord CANNOT force the tenant to move out by shutting off utilities (electricity, water, gas, sanitation) or taking possession of the property by force without a court hearing. [VA 55-248.26]
If the landlord forces the tenant to move out with unlawful methods or shuts off utilities, the tenant can EITHER
In addition, the tenant can also sue the landlord for actual damages and attorney fees.
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IF all of the following conditions are met [VA 55-248.33]:
THEN the landlord shall send the tenant a written notice requiring the tenant to confirm in writing within seven days that he or she still intends to occupy the rental unit.
If the tenant fails to reply within seven days, the property is to be considered abandoned (under Virginia landlord tenant law) and the rental agreement shall terminate.
If the landlord had given the tenant a termination or abandonment notice that stated abandoned belongings shall be disposed 24 hours after lease termination, then the landlord can dump, give or sell them after 24 hours. After the lease terminates, the tenant shall have 24 hours to remove his or her belongings from the property. [VA 55-248.38:1]
Otherwise the landlord has to give the tenant a separate written notice stating that the tenant's abandoned belongings shall be disposed within 24 hours if they aren't removed after 10 days.
If the landlord sells the belongings, he or she can use the revenue to pay for the following:
Any leftover revenue shall be treated as security deposit and returned to the tenant.
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Virginia Landlord Tenant Law: Virginia Residential Landlord and Tenant Act
Virginia Landlord Tenant Resources: Virginia DHCD Tenant and Landlord Resources