At a Glance
| Question | Answer | Details |
|---|---|---|
| Security deposit limit? | 2 months' rent | Maximum deposit is two months' rent |
| Rent control? | No | No statewide or local rent control ordinances |
| Required notice to raise rent? | 30 days | Written notice required for month-to-month tenancies |
| Lease required in writing? | Yes (recommended) | Written lease required under the VRLTA for covered properties |
| Landlord entry notice? | 24 hours | Landlord must provide at least 24 hours' notice before entry |
Security Deposits
Virginia limits security deposits to a maximum of two months' rent. Landlords may not charge more than this amount as a security deposit, regardless of the type of unit.
Landlords must return the deposit within 45 days of the tenant vacating the unit or the termination of the lease, whichever occurs last. The landlord must provide an itemized list of any deductions, along with the remaining balance, to the tenant's forwarding address.
The deposit must be held in a separate escrow account at a federally insured financial institution in Virginia, or the landlord may furnish a bond in the amount of the deposit.
Eviction Procedures
Virginia requires landlords to follow the legal eviction process through the courts. Self-help evictions, including changing locks, shutting off utilities, or removing a tenant's belongings, are illegal.
Notice Requirements
- 5-Day Pay or Quit Notice (Nonpayment): Landlords must give tenants 5 days' written notice to pay rent or vacate
- 21-Day Notice (Lease Violation with Cure): For remediable lease violations, landlords must provide 21 days' notice, during which the tenant has the opportunity to cure the violation
- 30-Day Notice (Lease Violation without Cure): For subsequent or non-remediable lease violations, a 30-day notice may be required
- 30-Day Notice (No Cause): For month-to-month tenancies, either party may terminate with 30 days' written notice
After the notice period expires, the landlord may file an Unlawful Detainer action in General District Court.
Rent Control
Virginia does not have any form of statewide or local rent control. Landlords are free to set rental rates and increase rents without any statutory cap on the amount or frequency of increases.
Landlords must provide at least 30 days' written notice before increasing rent on a month-to-month tenancy. During a fixed-term lease, rent cannot be increased unless the lease specifically provides for it.
Lease Agreements
Under the Virginia Residential Landlord and Tenant Act (VRLTA), landlords of covered properties must provide a written rental agreement. The VRLTA applies to most residential rental properties in Virginia, though certain exemptions exist for single-family homes and small landlords who do not use written leases.
Required Disclosures
Virginia landlords must provide the following disclosures:
- Lead-based paint (pre-1978 properties, federal requirement)
- Move-in inspection report: Landlords must provide a written report of the condition of the unit at move-in
- Mold: Known presence of visible mold in the unit
- Defective drywall: Whether the property contains defective drywall
- Military air installation zone: Whether the property is located near a military air installation
- Ratio utility billing: If applicable, the method of calculating shared utility costs
- Owner/agent identification: The name and address of the landlord and any authorized agent
Tenant Rights
Virginia provides the following protections for tenants under the VRLTA:
- Habitability: Landlords must maintain rental units in a fit and habitable condition, complying with all building and housing codes, and providing working plumbing, heating, electrical systems, and sanitary facilities
- Retaliation protection: Landlords cannot retaliate against tenants who exercise their legal rights, including reporting code violations, filing complaints, or organizing tenant associations
- Discrimination protection: The Virginia Fair Housing Law prohibits discrimination based on race, color, religion, sex, national origin, disability, familial status, and elderliness
- Right to privacy: Landlords must provide at least 24 hours' notice before entering a tenant's unit, except in emergencies
- Repair remedies: Tenants may pursue remedies if the landlord fails to maintain the property, including rent escrow (paying rent into a court-supervised account) until repairs are made
- Domestic violence protections: Tenants who are victims of domestic violence, sexual assault, or stalking may terminate their lease with 30 days' written notice