Virginia Landlord-Tenant Laws: What Renters Need to Know

1. Overview: Virginia’s Landlord-Tenant Laws

Virginia’s landlord-tenant relationship is governed by the Virginia Residential Landlord and Tenant Act (VRLTA), codified at Va. Code § 55.1-1200 through § 55.1-1262. Unlike states where tenant rules are scattered across multiple titles, Virginia puts most of its residential rental law in one place — Chapter 12 of Title 55.1.

Virginia strengthened tenant protections significantly during the 2020 and 2021 legislative sessions. The state added source-of-funds protections to its fair housing law, required landlords to provide a Statement of Tenant Rights and Responsibilities before lease signing, established mold disclosure requirements, capped late fees, and created a tenant repair-and-deduct remedy. The result is a state that’s more balanced than it was five years ago — though Virginia still doesn’t go as far as some northeastern or West Coast states.

The VRLTA applies to most residential rental agreements. But there are exemptions: single-family residences where the owner is not in the business of renting (and there are conditions), some public housing situations, and transient lodging like hotels. If you’re renting an apartment or house from a landlord who manages residential property, the VRLTA almost certainly applies to you.

2. Security Deposit Rules

Security deposit disputes are the single most common landlord-tenant fight in Virginia. The rules are straightforward — but landlords violate them constantly. Here’s what you need to know.

Deposit Limits

Under Va. Code § 55.1-1226, your landlord cannot demand a security deposit greater than two months’ periodic rent. And here’s a detail many tenants miss: that cap includes the combined total of any security deposit, damage insurance premiums, and renter’s insurance premiums the landlord requires you to pay before moving in. So if your monthly rent is $1,500, the most your landlord can collect upfront for all deposits and required insurance is $3,000.

Return Deadline

Your landlord has 45 days after the tenancy ends or the date you vacate (whichever is later) to return your deposit. That’s more generous to landlords than many states — some only give 14 or 30 days — so don’t expect your money back the week you move out.

Itemization Requirement

If your landlord keeps any part of the deposit, they must provide a written, itemized list of every deduction along with whatever balance remains. A vague note saying “damages and cleaning: $800” doesn’t cut it. You’re entitled to specifics — what was damaged, how much each repair cost, and why it goes beyond normal wear and tear.

Penalty for Non-Compliance

If your landlord willfully fails to return your deposit or provide a proper itemization within 45 days, the court can order the return of the full deposit plus actual damages and reasonable attorney’s fees. The key word is “willfully” — if the landlord can show the failure was an honest mistake, the penalties may be lighter. But ignoring your requests or pocketing the deposit without explanation? That’s willful.

What They Can (and Can’t) Deduct

Your landlord can deduct for:

• Accrued rent including reasonable late charges specified in the lease
• Damages beyond normal wear and tear caused by noncompliance with your tenant obligations under § 55.1-1227
• Other charges specified in the rental agreement
• Actual damages for breach of the lease

They cannot deduct for normal wear and tear. Faded paint, minor carpet wear from regular foot traffic, small nail holes from hanging pictures — that’s all normal use, and your landlord can’t charge you for it.

Record Keeping

Virginia landlords must maintain itemized records of all deductions from security deposits for the preceding two years and let you (or your attorney) inspect those records during normal business hours. If your landlord refuses to let you see the records, that’s a red flag — and potentially a violation.

3. Eviction Procedures and Notice Requirements

Virginia’s eviction rules are detailed and procedural. Your landlord can’t just tell you to leave — they have to follow a specific legal process, and skipping any step can get their case thrown out. Here’s how it works under Va. Code § 55.1-1245.

Nonpayment of Rent: 5-Day Notice

If you don’t pay rent, your landlord must serve you a written 5-day notice to pay or quit. If you pay the full amount owed within those five days, the landlord must accept it and the eviction process stops. Period. They can’t refuse your payment and proceed with eviction anyway.

Curable Lease Violations: 30-Day Notice with 21-Day Cure

For violations that can be fixed — unauthorized pets, noise issues, unauthorized occupants — your landlord must give you a 30-day written notice that specifies exactly what you did wrong. You then have 21 days to fix the problem. If you cure the violation within that window, the lease continues as if nothing happened. If you don’t, the tenancy terminates on the 30th day.

Non-Curable Violations: 30-Day Notice

Some violations can’t be fixed — like causing major, irreparable damage to the unit. For these, your landlord can serve a 30-day unconditional quit notice stating that the tenancy ends in 30 days, with no opportunity to cure. The notice must spell out the specific acts or omissions that constitute the breach.

Criminal or Willful Acts: Immediate Termination

If a lease violation also constitutes a criminal or willful act that poses a threat to health or safety — illegal drug activity, violent criminal conduct on the premises — the landlord can terminate the lease immediately without any notice period. The landlord can proceed directly to court for possession.

Illegal Self-Help Evictions

Changing the locks, shutting off utilities, removing your belongings, or blocking access to your unit is illegal in Virginia. Only a court can order you out, and only the sheriff can execute the order. If your landlord tries a self-help eviction, you have legal remedies under the VRLTA, including recovery of actual damages and attorney’s fees.

4. Landlord Entry and Notice Rules

Your apartment is your home, and Virginia law respects that. Under Va. Code § 55.1-1229, there are clear rules about when your landlord can come in — and when they can’t.

72-Hour Notice for Non-Emergency Maintenance

For routine or scheduled maintenance that you didn’t request, your landlord must give you at least 72 hours’ notice. The notice must include the latest date the landlord may enter to perform the work, and that date can’t be more than 14 days from the date of the notice. Entry must be at a reasonable time.

Tenant-Requested Maintenance

Here’s the catch: if you request maintenance, the landlord is not required to give advance notice before entering. That makes sense — you asked for the repair, so you’re expecting someone to come. But you should still coordinate timing so you’re not caught off guard.

Emergencies

In an emergency — a burst pipe, a fire, a gas leak — your landlord can enter without any notice. This is standard across virtually every state, and it makes sense. Your landlord shouldn’t have to wait three days while your apartment floods.

Your Obligation Not to Unreasonably Withhold Consent

Virginia law says you “shall not unreasonably withhold consent” for your landlord to enter for legitimate purposes: inspections, necessary repairs, showing the unit to prospective tenants or buyers, and agreed-upon alterations. You can push back on the timing — suggesting a different day or time — but you can’t refuse entry entirely when there’s a legitimate reason.

5. Habitability Standards and Repairs

Virginia’s habitability requirements are spelled out in Va. Code § 55.1-1220. Your landlord must maintain the unit in a fit and habitable condition — and this obligation can’t be waived by any clause in your lease.

What Your Landlord Must Provide

Under § 55.1-1220, your landlord must:

• Comply with applicable building and housing codes materially affecting health and safety
• Make all repairs necessary to keep the premises fit and habitable
• Keep all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances in good and safe working order
• Maintain the premises to prevent moisture accumulation and mold growth, and promptly respond to tenant notices about mold
• Supply running water and reasonable amounts of hot water at all times
• Supply heat in season (during winter months)
• Maintain common areas in a clean, structurally sound, and safe condition
• Provide and maintain appropriate receptacles for trash removal
• Provide working locks and security devices

The Repair-and-Deduct Remedy

This is one of the most useful tools Virginia tenants have. Under Va. Code § 55.1-1244.1, if a condition constitutes a fire hazard or serious threat to life, health, or safety — think rodent infestation, no heat in winter, no running water, no electricity — and your landlord doesn’t fix it within 14 days of your written notice, you can hire a licensed contractor to make the repair yourself and deduct the cost from your rent.

The deduction is capped at the greater of one month’s rent or $1,500. And you have to use a licensed contractor or pesticide business — you can’t do the work yourself and bill your landlord. But for urgent problems like a broken furnace in January, this remedy can be a lifesaver.

Your Remedies for Landlord Non-Compliance

If your landlord materially fails to maintain the unit, you have several options under the VRLTA:

• Terminate the lease after giving proper written notice
• Repair and deduct under § 55.1-1244.1 (described above)
• Sue for damages in court, including actual damages and reasonable attorney’s fees
• Seek injunctive relief to compel the landlord to make repairs

One important caveat: these remedies don’t apply if the condition was caused by you, someone you authorized to be in the unit, or a guest.

6. Rent Payment Rules

When Is Rent Due?

Rent is due on the date specified in your lease. Most Virginia leases set the first of the month as the due date. If your lease doesn’t specify, rent is typically payable at the beginning of each rental period.

Grace Periods

Virginia does not mandate a universal grace period for rent payments. However, if you don’t have a written lease, a 5-day grace period applies by default — meaning late fees can’t kick in until after the fifth day. With a written lease, the grace period is whatever the lease says. Many Virginia leases include a 5-day grace period, but it’s not legally required.

Late Fees

Under Va. Code § 55.1-1204, Virginia caps late fees at the lesser of 10% of the periodic rent or 10% of the remaining balance due. And there are important restrictions:

• The late fee must be written into the lease to be enforceable. No lease clause, no late fee
• The landlord can only charge one late fee per late payment — no compounding
• If your rent check bounces, the landlord can charge up to $50 plus any bank fees they were charged

Say your rent is $1,800 and you’re late. The maximum late fee is $180 (10% of $1,800). If you’ve already paid $1,000 and owe $800, the fee drops to $80 (10% of the remaining $800). The law protects you from being hit with the maximum fee on a partial payment.

7. Lease Termination and Breaking a Lease

Ending a Month-to-Month Tenancy

Under Va. Code § 55.1-1253, either the landlord or tenant can terminate a month-to-month tenancy by giving at least 30 days’ written notice before the next rent due date. Your lease can require a longer notice period, but 30 days is the statutory minimum.

Breaking a Fixed-Term Lease

If you’re locked into a 12-month lease and need to leave early, you’re generally on the hook for the remaining rent. But Virginia recognizes several legitimate reasons for early termination:

• Landlord’s material noncompliance: If the unit isn’t habitable and your landlord fails to fix the problem after written notice
• Military service: Under Va. Code § 55.1-1235, active-duty servicemembers can terminate early upon receiving permanent change of station (PCS) orders, temporary duty orders exceeding three months, discharge or release from active duty, or orders to report to government-supplied quarters. The tenancy ends 30 days after the next rent due date following your written notice
• Domestic violence, sexual abuse, or stalking: Under Va. Code § 55.1-1236, victims can terminate early by providing written notice and proper documentation, such as a protective order or law enforcement report

Landlord’s Duty to Mitigate

Virginia law requires landlords to make reasonable efforts to re-rent the unit if you break your lease. You’re only liable for rent until a replacement tenant moves in (plus any reasonable costs the landlord incurred to re-rent). Your landlord can’t just leave the unit empty and send you the bill for the remaining lease term.

8. Retaliation Protections

Virginia’s anti-retaliation protections are codified at Va. Code § 55.1-1258. They’re not as aggressive as some states, but they provide real protection if your landlord tries to punish you for exercising your rights.

What’s Protected

Your landlord cannot retaliate against you for:

• Complaining to a government agency about building or housing code violations that materially affect health or safety
• Filing an action or complaint against the landlord under the VRLTA
• Organizing or joining a tenants’ organization
• Testifying in court against the landlord

What Counts as Retaliation

Prohibited retaliatory actions include raising your rent, decreasing services, and bringing or threatening to bring an action for possession. If your landlord jacks up the rent right after you file a health department complaint, that’s the kind of thing this statute is designed to stop.

Burden of Proof

Here’s the one tricky part: the burden of proving retaliatory intent is on the tenant. That means you need evidence connecting your protected activity to the landlord’s adverse action. Timing matters — if your landlord raises rent two weeks after you file a complaint, that timing alone can help establish retaliation. Keep records of everything: complaints, responses, dates, and any communication with your landlord.

Your Remedies

If your landlord retaliates, you can use it as a defense in any eviction action and recover actual damages. While Virginia doesn’t offer the treble damages some states provide for retaliation, the ability to block an eviction and recover real losses is still a powerful tool.

Exceptions

The landlord can still evict you despite a retaliation claim if: the code violation was primarily caused by your own negligence, compliance with the code requires demolition or alteration that would make the unit unusable, or you’re in material default on the lease in a way that affects health and safety.

9. Fair Housing Protections

Virginia’s fair housing protections go meaningfully beyond federal law. The Virginia Fair Housing Law is codified at Va. Code § 36-96.1 et seq. and is enforced by the Virginia Fair Housing Office under the Department of Professional and Occupational Regulation (DPOR).

Protected Classes

Virginia prohibits housing discrimination based on:

• Race
• Color
• Religion
• National origin
• Sex
• Elderliness (age 55 and older)
• Familial status (having children under 18)
• Disability
• Sexual orientation
• Gender identity
• Military status / veteran status
• Source of funds (including housing vouchers)

Source of Funds Protection

Starting July 1, 2020, Virginia landlords cannot refuse to rent to you because you pay with a Housing Choice Voucher (Section 8), rental assistance, or another lawful source of funds. This is a big deal — many states still don’t have this protection. If a landlord tells you they “don’t accept Section 8,” that’s a violation of Virginia law.

Where to File a Complaint

The Virginia Fair Housing Office handles state-level complaints. You can reach them at (804) 367-8530 or toll-free at (888) 551-3247, or visit dpor.virginia.gov/FairHousing.

Federal Protections

The federal Fair Housing Act (42 U.S.C. §§ 3601–3619) provides baseline protections and is enforced by HUD. You can file a federal complaint with HUD’s Office of Fair Housing and Equal Opportunity within one year of the discriminatory act. The seven federally protected classes are race, color, national origin, religion, sex, familial status, and disability.

10. Virginia-Specific Laws

Beyond the standard landlord-tenant rules, Virginia has several provisions that set it apart from other states.

Statement of Tenant Rights and Responsibilities

Since July 1, 2020, every Virginia landlord must provide a Statement of Tenant Rights and Responsibilities to prospective tenants before they sign a lease. This document, published by the Virginia Department of Housing and Community Development (DHCD), summarizes your key rights under the VRLTA. If your landlord didn’t give you one, ask for it — it’s required by law.

Mold Disclosure

Virginia requires landlords to disclose visible mold during the move-in inspection. If the written inspection report shows visible mold, the landlord must remediate the mold within five business days of your request to take possession. This requirement is part of the landlord’s broader obligation under § 55.1-1220 to prevent moisture accumulation and mold growth.

No Rent Control

Virginia has no rent control and does not authorize local governments to impose rent caps. Your landlord can raise the rent by any amount between lease terms. During a fixed-term lease, rent can’t increase unless the lease includes a specific escalation clause. For month-to-month tenancies, the landlord must give at least 30 days’ notice before raising rent.

Ratio Utility Billing

Virginia allows landlords to use ratio utility billing systems (RUBS) to allocate utility costs among tenants. But the landlord must disclose the method of allocation in the lease, and the allocation formula must be described clearly enough for you to understand how your share is calculated.

Tenant’s Right to Install Security Systems

Under Va. Code § 55.1-1229, you have the right to install a security system at your own expense, as long as you give notice to the landlord. However, the system can’t permanently damage the unit, and you may need to provide the landlord with access to the security system for emergency entry.

11. Small Claims Court

Virginia handles small civil disputes through its General District Courts, which have a small claims division for simpler cases.

• Small claims division limit: $5,000
• General district court limit: $50,000 (as of July 1, 2025, increased from $25,000)
• Where to file: The general district court in the city or county where the rental property is located
• Attorney optional: You can represent yourself in small claims

For most security deposit disputes, the small claims division is your best bet if the amount is under $5,000. The process is faster and less formal than a regular court case. Bring your lease, photos from move-in and move-out, copies of all correspondence with your landlord, and the itemized deduction statement (or proof that one was never sent). If you win, the court can order the return of the deposit plus actual damages and attorney’s fees.

For disputes between $5,000 and $50,000, you’ll file a regular civil claim in general district court. Above $50,000, you’re in circuit court territory.

12. Key Virginia Statutes

Here’s a quick-reference table of the most important Virginia landlord-tenant statutes. All are part of the Virginia Code, Title 55.1, Chapter 12 (the VRLTA), unless otherwise noted.

13. Frequently Asked Questions

14. Sources and References

This guide is based on the following Virginia statutes and legal resources. Laws can change — always verify current statutes through official sources.

Virginia Statutes

• Va. Code Title 55.1, Chapter 12 — Virginia Residential Landlord and Tenant Act
• Va. Code § 55.1-1226 — Security Deposits
• Va. Code § 55.1-1220 — Landlord to Maintain Fit Premises
• Va. Code § 55.1-1229 — Access; Consent; Correction of Nonemergency Conditions
• Va. Code § 55.1-1245 — Noncompliance with Rental Agreement
• Va. Code § 55.1-1258 — Retaliatory Conduct Prohibited
• Va. Code Title 36, Chapter 5.1 — Virginia Fair Housing Law

Federal Statutes

• Fair Housing Act — 42 U.S.C. §§ 3601–3619
• Servicemembers Civil Relief Act — 50 U.S.C. §§ 3901–4043

Virginia Legal Aid and Government Resources

• Virginia Legal Aid — Landlord and Tenant Issues
• Virginia DHCD — Landlord-Tenant Resources
• Virginia Fair Housing Office (DPOR)
• Virginia Legal Aid Society — Housing Resources

Federal Resources

• HUD Fair Housing Complaint Portal
• Nolo — Virginia Landlord-Tenant Laws Overview

For tenant rights that apply nationwide, see our Tenant Rights Guide. Looking for another state? Browse our state landlord-tenant law directory. Not sure what a legal term means? Check our rental glossary.