Virginia Tenant Resources
Your comprehensive guide to rental laws, guidelines and advocacy in Virginia
What are the late fee regulations in Virginia?
In Virginia, late fees are regulated under the Virginia Residential Landlord and Tenant Act (VRLTA). Late fees cannot exceed 10% of the monthly rent amount or 10% of the remaining balance owed, whichever is less. The late fee must be specified in the written lease agreement. There is a mandatory 5-day grace period after rent is due before late fees can be assessed. Late fees must be reasonable and cannot be treated as interest or a penalty. The lease must clearly state when late fees will be charged and how they are calculated.
What are the rules for security deposits in Virginia?
Under Virginia law (Code of Virginia § 55.1-1226), security deposits cannot exceed two months' rent. Landlords must return the deposit within 45 days after the tenant moves out, along with an itemized list of any deductions. The deposit can be used for unpaid rent, damage beyond normal wear and tear, and other breaches of the lease agreement. Landlords must conduct a move-out inspection and give tenants the right to be present. Interest is no longer required on security deposits in Virginia. If the landlord fails to return the deposit or provide an itemized list within 45 days, the tenant may be entitled to recover the deposit plus actual damages and attorney fees.
What are the eviction rules and tenant protections in Virginia?
Virginia landlord-tenant law (Code of Virginia § 55.1-1245) requires specific notice periods for evictions: 1) 5-day notice for non-payment of rent, 2) 30-day notice for lease violations, 3) 30-day notice for month-to-month termination. Self-help eviction is illegal - landlords must obtain a court order. Virginia law provides protections for victims of domestic violence (§ 55.1-1236). Tenants can defend against eviction if the landlord failed to maintain the property or retaliated against the tenant for exercising legal rights. Tenants have the right to 'pay and stay' by paying all rent, late fees, and court costs before the court date. All notices must be in writing and properly served according to state law.
What are the maintenance requirements for landlords in Virginia?
Virginia law (Code of Virginia § 55.1-1220) requires landlords to maintain rental properties in a habitable condition. Requirements include: 1) Maintaining essential services including electrical, plumbing, heating and air conditioning systems, 2) Keeping the property structurally sound and weatherproof, 3) Maintaining common areas in a safe and clean condition, 4) Providing proper waste disposal, 5) Complying with applicable building, housing, and health codes. Tenants must provide written notice of needed repairs. Landlords must make repairs within a reasonable time after receiving notice (14 days for non-emergency repairs, immediately for emergency repairs). If repairs aren't made, tenants may pursue legal remedies under Virginia law, including rent escrow, repair and deduct remedies, or lease termination.
What notice is required for landlord entry in Virginia?
Under Virginia law (Code of Virginia § 55.1-1229), landlords must provide at least 24 hours notice before entering a rental unit, except in emergencies. Entry must be at reasonable times (typically 9 AM to 6 PM unless otherwise agreed). The notice should specify the purpose of entry and approximate time. Valid reasons for entry include repairs, inspections, or showing the unit to prospective tenants/buyers. Tenants cannot unreasonably withhold consent to enter. The law strongly protects tenants' right to quiet enjoyment, and landlords cannot abuse their right of access or use it to harass tenants. Violations may be grounds for lease termination or legal action under Virginia law.
What are the rules for rent increases in Virginia?
In Virginia, for month-to-month tenancies, landlords must provide at least 30 days' written notice before increasing rent. For fixed-term leases, rent can only be increased at the end of the lease term unless the lease specifically allows for increases during the term. Virginia has no state-wide rent control laws, but increases cannot be retaliatory or discriminatory. The notice must be in writing and properly delivered to the tenant. Local ordinances may have additional requirements. Major cities like Richmond, Virginia Beach, Norfolk, and Alexandria may have specific guidelines. Any rent increase during a fixed-term lease must be explicitly allowed in the original lease agreement.
What are my rights regarding repairs in Virginia?
Under Virginia law (Code of Virginia § 55.1-1220 - 1225), tenants have the right to: 1) A habitable living space that meets building, housing, and health codes, 2) Written notice to landlord of needed repairs, 3) Reasonable time for landlord to make repairs after notice (14 days for non-emergency repairs, immediate response for emergencies). If the landlord fails to make necessary repairs, tenants may: 1) File a Tenant's Assertion in court to pay rent into escrow, 2) Make repairs and deduct the cost from rent (following specific statutory procedures), 3) File a complaint with local housing authorities, 4) Pursue legal remedies including rent abatement. The warranty of habitability is implied in every residential lease. Tenants should document all repair requests with photos and written communications. Virginia law provides specific procedures for repair-and-deduct remedies.
What are Virginia's requirements for smoke detectors?
Virginia Residential Building Code and Virginia Maintenance Code require working smoke and carbon monoxide detectors in all rental properties. Requirements include: 1) At least one smoke detector in each bedroom, 2) Smoke detectors outside each sleeping area, 3) At least one smoke detector on each floor, 4) Carbon monoxide detectors required in properties with fuel-burning appliances or attached garages. Landlords must: 1) Install and maintain working detectors, 2) Inspect and repair detectors at the start of tenancy, 3) Repair or replace non-functioning detectors within 5 days of written notice, 4) Follow manufacturer guidelines for replacement. Tenants are responsible for testing detectors regularly and replacing batteries. Tampering with detectors is prohibited and may result in penalties under state law.
What disclosures are required from Virginia landlords?
Virginia landlords must disclose: • Lead paint hazards (pre-1978 buildings) with federal forms • Security deposit terms and location (Code of Virginia § 55.1-1226) • Property owner/manager contact information • Utility arrangements and responsibilities • Known defects or damage • Move-in inspection documentation • Building code violations • Smoke and carbon monoxide detector locations and maintenance • Flood zone status (if applicable) • Defective drywall presence • Mold disclosure • Military air installation zones (if applicable) • Methamphetamine contamination (if applicable) • HOA rules (if applicable) • Emergency maintenance contacts • Foreclosure proceedings (if applicable) • Fire safety systems • Utility metering arrangements • Parking policies • Property insurance coverage • Recycling and waste disposal requirements
What are the rules about security deposit deductions in Virginia?
Under Virginia law (Code of Virginia § 55.1-1226), landlords can deduct from security deposits for: 1) Unpaid rent or utilities, 2) Damage beyond normal wear and tear, 3) Other breaches of the lease. Landlords must provide an itemized list of deductions within 45 days of move-out and return the remaining deposit. Security deposits are limited to two months' rent. Tenants should document the unit's condition at move-in and move-out with photos and a written inventory. If landlords fail to comply with these requirements, they may be liable for actual damages and reasonable attorney fees. Interest is no longer required on security deposits in Virginia. The landlord must provide written notice of the tenant's right to be present at the move-out inspection.
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Legal Disclaimer: The information provided on this website is for general informational purposes only and should not be considered as legal advice. While we strive to keep the information up-to-date and accurate, laws and regulations can change frequently. Specific situations may vary, and the application of rental laws can depend on numerous factors. We recommend consulting with a qualified legal professional for advice regarding your specific circumstances.
