The Virginia Residential Landlord and Tenant Act, found at Sections 55.1-1200 through 55.1-1262 of the Code of Virginia, sets the ground rules for nearly every residential rental in the state.1Attorney General of Virginia. Landlord/Tenant It governs how leases are formed, what deposits and late fees can look like, how repairs must be handled, what notice each side owes the other, and how an eviction has to move through court. The dollar limits and deadlines are specific, and they apply to landlords and tenants equally.
Written Leases and What Happens Without One
A Virginia landlord must offer a prospective tenant a written rental agreement that spells out the terms and includes a statement of tenant rights and responsibilities developed by the Virginia Department of Housing and Community Development.2Virginia Code Commission. Virginia Code 55.1-1204 – Terms and Conditions of Rental Agreement; Payment of Rent; Copy of Rental Agreement for Tenant The parties can add terms not prohibited by law, such as pet, parking, or utility provisions.
If no written lease is offered or signed, the tenancy still exists but default statutory terms take over. The lease runs 12 months with no automatic renewal. Rent is paid in 12 equal monthly installments, due on the first and considered late after the fifth. All of the VRLTA’s habitability and maintenance duties apply.
Two disclosures deserve attention up front. A landlord whose property sits in a military air installation noise zone or accident potential zone must disclose that in writing before the tenant signs.3Virginia Code Commission. Virginia Code 55.1-1217 – Required Disclosures for Properties Located Adjacent to a Military Air Installation; Remedy for Nondisclosure A landlord who knows the property has defective drywall that hasn’t been remediated must disclose that too.4Virginia Code Commission. Virginia Code 55.1-1218 – Required Disclosures for Properties With Defective Drywall; Remedy for Nondisclosure Missing either can give a tenant grounds to challenge the lease.
Security Deposits
A landlord can require a security deposit of up to two months’ rent.5Virginia Code Commission. Virginia Code 55.1-1226 – Security Deposits The money must be held in a federally insured institution, but the landlord isn’t required to keep it in a separate account or pay interest. As an alternative, the landlord may allow the tenant to buy damage insurance from a provider licensed by the Virginia State Corporation Commission, so long as the coverage matches what the deposit would have been and stays active for the full lease term.6Virginia Code Commission. Virginia Code 55.1-1226 – Security Deposits
After the tenancy ends, the landlord has 45 days to return the deposit with an itemized list of any deductions for unpaid rent, damage beyond normal wear and tear, or other charges the lease allows. The 45 days run from the later of the date the lease officially ends or the date the tenant actually moves out. If the tenant hasn’t left a forwarding address, the landlord can hold the deposit in escrow until one arrives. A tenant can request a move-out inspection before leaving, which is worth doing because it flags minor issues while there’s still time to fix them.
A landlord who wrongfully withholds a deposit can be sued in General District Court and made to pay the deposit amount plus reasonable attorney fees.
Rent, Late Fees, and Payment Fees
Rent is due on whatever date the lease says. Without a written lease, the default is the first of the month with a grace period through the fifth. A landlord cannot charge a late fee unless the written lease authorizes it. When authorized, the fee cannot exceed 10 percent of the monthly rent or 10 percent of the remaining unpaid balance, whichever is less.2Virginia Code Commission. Virginia Code 55.1-1204 – Terms and Conditions of Rental Agreement; Payment of Rent; Copy of Rental Agreement for Tenant
If a rent payment bounces for insufficient funds, the landlord can charge a processing fee of up to $50, provided the lease includes it.7Virginia Code Commission. Virginia Code Title 55.1 Chapter 12 Article 1 – General Provisions Landlords also cannot tack on fees for processing rent, deposits, or other payments unless they offer at least one payment method with no extra fee. When rent is paid in cash or by money order, the landlord must provide a written receipt on request.
Repairs and Habitability
A landlord must keep the unit fit for habitation and in compliance with building and housing codes affecting health and safety.8Virginia Code Commission. Virginia Code 55.1-1220 – Landlord to Maintain Fit Premises Plumbing, heating, electrical, and sanitation systems have to work. Common areas must be clean and safe, and the landlord handles garbage removal unless the lease shifts that duty and local law allows it. The landlord installs working smoke detectors and, where required, carbon monoxide detectors; the tenant keeps them functional and doesn’t tamper with them.9Virginia Code Commission. Virginia Code 55.1-1227 – Tenant to Maintain Dwelling Unit
Repair and Deduct
When something breaks that affects health, safety, or habitability, the tenant should notify the landlord in writing. The landlord then has 14 days to take reasonable steps toward the repair.10Virginia Code Commission. Virginia Code 55.1-1244.1 – Tenant’s Remedy by Repair If the landlord doesn’t act, the tenant can hire a licensed contractor and deduct the cost from rent. The deduction is capped at the greater of one month’s rent or $1,500, and the tenant has to provide the landlord with an itemized statement and receipts.
Rent Escrow
For persistent or serious failures, a tenant can file a Tenant’s Assertion in General District Court and pay rent into escrow with the court instead of to the landlord. The court will look for written notice to the landlord and a reasonable chance to fix the problem. More than 30 days after notice is presumed unreasonable.11Virginia Code Commission. Virginia Code 55.1-1244 – Tenant’s Assertion; Rent Escrow The court can reduce the rent, terminate the lease, direct payment of escrowed funds, or order the landlord to make repairs.
Notices to End or Change a Tenancy
Ending a Month-to-Month Tenancy
Either side can end a month-to-month tenancy by giving at least 30 days’ written notice before the next rent due date.12Virginia Code Commission. Virginia Code 55.1-1253 – Periodic Tenancy; Holdover Remedies The lease can set a longer period, but 30 days is the floor.
Rent Increases at Renewal
A landlord who owns more than four rental units in Virginia must give at least 60 days’ written notice before the end of a lease term when raising the rent for renewal or when declining to renew at all.13Virginia Code Commission. Virginia Code 55.1-1204 – Terms and Conditions of Rental Agreement; Payment of Rent; Copy of Rental Agreement for Tenant The 60-day rule does not apply to month-to-month tenancies or to landlords with four or fewer units; those situations are governed by the lease or by the general 30-day termination rule.
Lease Violation Notices
The type of breach determines the notice:
- Nonpayment of rent: a five-day pay-or-quit notice. If the tenant doesn’t pay within five days, the landlord can terminate and file for eviction.14Virginia Code Commission. Virginia Code 55.1-1245 – Noncompliance by Tenant; Termination
- Fixable violations such as an unauthorized pet or property damage: 21 days to cure, with the lease terminating 30 days after the tenant received the notice if the problem isn’t fixed.
- Non-fixable violations: a 30-day notice to vacate. Criminal activity or a willful act threatening health or safety lets the landlord terminate immediately.
Skipping the required notice or sending the wrong one can get an eviction dismissed.
The Eviction Process
Self-help eviction is illegal. A landlord cannot change locks, shut off utilities, or remove a tenant’s belongings without a court order. Every eviction runs through General District Court.
After the required notice expires without compliance, the landlord files an unlawful detainer action.15Virginia Code Commission. Virginia Code 8.01-126 – Summons for Unlawful Detainer Issued by Magistrate or Clerk or Judge of a General District Court The court issues a summons, both sides appear, and if the landlord wins, the court enters an order of possession. Only the sheriff can carry out the physical eviction.
Tenants sued for unpaid rent have a right of redemption. At or before the first court hearing, the tenant can pay all rent owed, late charges, attorney fees allowed by the lease, and court costs, and the court will dismiss the case.16Virginia Courts. Summons for Unlawful Detainer (Civil Claim for Eviction) – Form DC-421 The window is narrow and the payment has to be complete, but a tenant who can pull the money together can stop the eviction.
When the Landlord Wants to Come In
A landlord cannot enter whenever they choose. Non-emergency access requires the tenant’s consent and at least 24 hours’ advance notice for inspections, repairs, or showings, at reasonable times unless the tenant agrees otherwise.17Virginia Code Commission. Virginia Code 55.1-1229 – Access; Consent; Correction of Nonemergency Conditions In a real emergency, like a burst pipe or fire, the landlord may enter without notice.
The statute prohibits abusing access rights or using them to harass the tenant. Repeated improper entries can support a court order to stop the behavior, along with damages. A tenant who unreasonably refuses lawful access, on the other side, can face lease termination.
Retaliation Protections
A landlord cannot raise rent, cut services, threaten eviction, or terminate a month-to-month tenancy in retaliation after learning that the tenant has:
- Complained to a government agency about a building or housing code violation affecting health or safety
- Filed a complaint or lawsuit against the landlord under the VRLTA
- Joined or organized a tenants’ organization
- Testified in court against the landlord18Virginia Code Commission. Virginia Code 55.1-1258 – Retaliatory Conduct Prohibited
The protection doesn’t stop a landlord from raising rent to match comparable units or from cutting services across the board. It targets selective punishment. Timing matters: a lease termination notice landing shortly after a repair complaint may support a retaliation claim.
Fair Housing
Two layers of anti-discrimination law apply. The federal Fair Housing Act prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability.19U.S. Department of Housing and Urban Development (HUD). Housing Discrimination Under the Fair Housing Act Virginia’s fair housing law adds elderliness, source of funds, sexual orientation, gender identity, and military status.20Virginia Department of Professional and Occupational Regulation. The Virginia Fair Housing Office
A Virginia landlord cannot refuse to rent because the tenant is paying with a housing voucher, is a veteran or active-duty service member, or because of their sexual orientation or gender identity. The elderliness protection covers people 55 and older.
Tenants with disabilities can request reasonable accommodations, including keeping an assistance animal in a no-pets property. The landlord must grant the request unless it would impose an undue burden, fundamentally change operations, or the specific animal poses a direct safety threat.21U.S. Department of Housing and Urban Development (HUD). Assistance Animals No pet deposit or pet fee can be charged for an assistance animal.
Military Service Member Lease Termination
Active-duty service members and their dependents can break a residential lease without penalty under the federal Servicemembers Civil Relief Act after entering military service, receiving permanent change-of-station orders, or receiving deployment orders for 90 days or more.22Office of the Law Revision Counsel. 50 USC 3955 – Termination of Residential or Motor Vehicle Leases
To terminate, the service member gives the landlord written notice with a copy of the orders. The termination takes effect 30 days after the next rent due date following delivery. Deliver notice on May 1 with rent due on the first, and the lease ends June 30. Rent paid past the effective date must be refunded within 30 days. No early termination fee is allowed, though the tenant still owes rent through the termination date and for excess wear and tear.
Property Left Behind After Move-Out
Once the lease ends and possession has returned to the landlord, belongings left in the unit can be treated as abandoned, but only after proper notice. Virginia law gives landlords three ways to provide it:23Virginia Code Commission. Virginia Code 55.1-1254 – Disposal of Property Abandoned by Tenants
- Include a statement in the termination notice itself that items left behind will be disposed of within 24 hours after the tenancy ends.
- Include the warning in a seven-day notice served under Section 55.1-1249, with disposal 24 hours after that period ends.
- Send a separate 10-day written notice, followed by a 24-hour disposal window.
During the 24-hour window, the tenant has a right to come back and retrieve property at reasonable times. If the landlord sells any abandoned items, the proceeds go to the tenant’s account and are applied to what the tenant still owes; any surplus is treated as a security deposit. Blocking a tenant’s reasonable access to retrieve belongings can lead to an injunction.