Key Takeaways
Review your written lease agreements and disclosure practices to ensure they fully comply with the Virginia Residential Landlord and Tenant Act before accepting rental payments or allowing a tenant to move in.
Virginia landlord tenant law clearly defines tenant and landlord rights, including repair timelines, eviction procedures, privacy protections, handling of security deposits, and fair housing requirements.
While Virginia allows flexibility with rent increases and late fees, landlords must strictly follow security deposit limits, notice requirements, and refund deadlines to remain compliant.
Successful landlording in Virginia begins with understanding the state’s Residential Landlord and Tenant Act. After all, the act highlights the specifics of the rights and responsibilities for both the landlord and tenants in a written rental agreement. It also details important Virginia laws that landlords should follow.
In Virginia, the act automatically comes into operation once there is a lease agreement between you and the resident. And that is if there is a written or an oral agreement, or if you accept a payment as rent.
When drafting a rental agreement, you should also ensure it aligns with the VA landlord-tenant law.
Here is a guide by Richey Property Management on the basics of Virginia landlord-tenant law for property owners. This should help you stay legally compliant and minimize potential conflicts or misunderstandings with the resident.
Required Landlord Disclosures in Virginia
Successful landlording in Virginia begins with understanding the state’s Residential Landlord and Tenant Act. After all, the act highlights the specifics of the rights and responsibilities for both the landlord and tenants in a written rental agreement. It also details important Virginia laws that landlords should follow.
In Virginia, the act automatically comes into operation once there is a lease agreement between you and the resident. And that is if there is a written or an oral agreement, or if you accept a payment as rent.
When drafting a rental agreement, you should also ensure it aligns with the VA landlord-tenant law.
Here is a guide by Richey Property Management on the basics of Virginia landlord-tenant law for property owners. This should help you stay legally compliant and minimize potential conflicts or misunderstandings with the resident.
Landlords must clearly identify the name and address of the property owner or manager, provide a complete breakdown of rent and any additional fees, and explain how utilities will be divided if they are shared among residents.
Other disclosures focus on safety and habitability. Landlords must inform residents if the property is located near a military installation that may fall within a noise or accident potential zone, disclose any known defective drywall, and reveal whether mold is present in the unit before move-in.
Together, these disclosures ensure residents have a full understanding of the property and their obligations before signing a written lease agreement.
Virginia Tenant Rights & Responsibilities
Tenants in Virginia are automatically granted a range of rights once a rental agreement is in place. They have the right to live in a home that remains safe and habitable, with necessary repairs completed in a timely manner.
Residents are also entitled to receive all legally required disclosures before the lease agreement becomes active and to go through a lawful eviction process if the tenancy ends. After moving out, tenants have the right to receive their security deposit, or any remaining balance, within 45 days.
Virginia tenant law also protects tenants from retaliation for exercising their legal rights, such as reporting health or safety violations or participating in a tenants’ union. Residents may legally break a lease agreement with proper notice if a valid legal reason applies, and they are protected from discrimination under the Fair Housing Act.
Privacy is another key right, as landlords must provide at least 72 hours’ notice before entering the rental property. Tenants may also change the locks during the tenancy, provided they supply copies of the new keys to the landlord.
Along with these rights come clear responsibilities. Tenants are expected to keep the rental clean, sanitary, and safe, properly maintain plumbing fixtures, and use appliances and utilities in a reasonable manner. They must pay utility bills on time when services are in their name and take steps to prevent excess moisture that could lead to mold.
Residents are also responsible for avoiding property damage, respecting neighbors’ peace and quiet, and ensuring that smoke and carbon monoxide detectors are not tampered with. Any lock changes must be restored before moving out.
Virginia Landlord Rights & Responsibilities
Virginia landlords are also granted specific rights when renting out their property. They may access the unit for legitimate purposes, such as inspections or repairs, as long as proper advance notice is given.
Landlords have the authority to evict tenants who violate lease terms including failure to make rental payments, collect a security deposit of up to two months’ rent, and increase rent without statewide restrictions. They may charge late fees of up to 10 percent and select the most qualified applicant through a fair and objective screening process.
At the end of a lease term, landlords are not obligated to renew the agreement. Both the landlord and the tenant can choose not to renew the lease after it ends.
With these rights come important legal responsibilities under the Virginia Residential Landlord and Tenant Act. Landlords must comply with all lease terms, follow fair housing laws, and adhere to state security deposit regulations. They are required to provide a habitable living environment and respond promptly to repair requests.
Access to the property must always be for legitimate reasons and with proper notice, and all required disclosures must be provided before the lease takes effect. By meeting these obligations, landlords help create a lawful, professional, and mutually respectful rental relationship.
Failure to comply with Virginia landlord tenant law could lead to a landlord paying residents' financial damages as well as reasonable attorney fees, along with damage to the landlord's reputation.
An Overview of the Landlord-Tenant Laws in Virginia
Renters’ Rights for Repairs
The responsibility for repairs and maintenance is the landlord’s, generally. This is essential in ensuring the property remains habitable.
Virginia law requires that requested repairs be made within 14-21 days, depending on the specific issue.
Evictions in Virginia
Just like anywhere else in the country, these must be judicious from start to finish. Whether it’s due to nonpayment of rent, lease violations, illegal acts on the unit, or other breaches.
Evictions based on retaliatory reasons, self-help means, or FHA-related discrimination are illegal and correct written notices must be provided to tenants.
Security Deposits
If you’re collecting security deposits from residents, you must follow Virginia Code § 55.1-1226. The code specifies that the maximum limit a landlord can charge is equal to 2 months’ rent.
Virginia landlord tenant law states that security deposit refunds must be provided within 45 days after the resident has moved out, less any allowable deductions.
Rent Increases
There is no rent increase limit in Virginia. Also, state law prohibits local jurisdictions from enacting their own rules. Consequently, you can raise it by any amount and as often as you choose.
You must, however, provide the resident on a month-to-month lease with a 30 days’ advance written notice.
Bottom Line
There you have it. The essential basics of the Virginia landlord-tenant law that you must familiarize yourself with for successful landlording. This should help you stay legally compliant, ensuring minimal conflicts or misunderstandings and positive landlord tenant relationships.
If you have a question or need expert property management services, look no further than Richey Property Management. We can provide you with all the property management help you need to be a successful landlord. Get in touch to learn more!
Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
