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State Reference Guide · South

Virginia
Tenant Rights.

This guide provides a detailed overview of the laws governing residential tenancies in the Commonwealth of Virginia. Most residential tenancies in Virginia are governed by the Virginia Residential Landlord and Tenant Act (VRLTA), found in Virginia Code §§ 55.1-1200 through 55.1-1262.

Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

What rights do tenants have in Virginia?

Tenants in Virginia are protected by state law that governs security deposit limits, the notice a landlord must give before eviction, basic habitability standards (heat, water, electrical, locks), and the deadline for returning your deposit after move-out. Local cities in Virginia sometimes add stronger protections on top of these state-wide rules.

01
MONEY

Security Deposits

Statute: Va. Code § 55.1-1226

Virginia law places strict limits on how much a landlord can charge and how they must handle the money when you move out.

Maximum Amount
A landlord cannot require a security deposit greater than two months' rent.
Return Deadline
The landlord must return the security deposit (minus any lawful deductions) within 45 days of the lease termination and the tenant vacating the unit.
Itemization Requirements
If deductions are made for damages, the landlord must provide an itemized list of charges. If the damages exceed the amount of the deposit, the landlord must notify the tenant within the 45-day period, though they may have an additional 15 days to provide a full accounting of costs.
Move-Out Inspection
The tenant has the right to be present during the final inspection. The landlord must make a reasonable effort to advise the tenant of their right to be present. The tenant must request this in writing.
Penalties
If a landlord "willfully" fails to comply with the return or itemization requirements, a court may order them to pay the tenant the deposit amount plus reasonable attorney's fees.
02
NOTICE

Eviction Notices and Procedures

Statute: Va. Code §§ 55.1-1245, 55.1-1250

Virginia requires specific notice periods before a landlord can file a "Summons for Unlawful Detainer" (the legal term for an eviction lawsuit).

Nonpayment of Rent
The landlord must provide a 5-day written notice (Pay or Quit). If the tenant pays the full amount within those five days, the landlord cannot proceed with eviction.
Lease Violations (Remediable)
For violations like unauthorized pets or noise, the landlord must provide a 21/30 notice. This gives the tenant 21 days to fix ("remedy") the issue. If fixed, the lease continues. If not fixed, the tenant must move out in 30 days.
Lease Violations (Non-remediable)
For serious, non-fixable breaches or criminal acts that threaten health or safety, the landlord can provide an immediate notice to vacate.
Month-to-Month Termination
Either party can terminate a month-to-month lease by providing at least 30 days' written notice before the next rent due date.
The Right to Redemption
Virginia provides a "Right of Redemption." A tenant can stop an eviction for nonpayment by paying all rent, late fees, court costs, and attorney fees at or before the first court date.
03
NOTICE

Landlord Entry Requirements

Statute: Va. Code § 55.1-1229

Virginia protects tenant privacy while allowing landlords to maintain the property.

Notice Period
For routine maintenance not requested by the tenant, the landlord must provide at least 72 hours' notice. For other non-emergency entries, such as inspections or showing the unit to prospective tenants or buyers, the landlord must provide reasonable notice.
Time of Entry
Entry must occur at "reasonable times."
Maintenance/Emergency Exceptions
No notice is required if the tenant requested the maintenance. In the event of an emergency (e.g., a bursting pipe or fire), the landlord may enter the unit without prior notice or consent.
Abuse of Access
If a landlord enters the unit unreasonably or harasses the tenant via entry, the tenant may obtain an injunction or terminate the lease.
04
MONEY

Rent Control and Increases

Statute: Va. Code § 15.2-1300

Rent Control Status
There is no rent control in Virginia.
State Preemption
Under Virginia law, local governments (cities/counties) are prohibited from enacting their own rent control or rent stabilization ordinances.
Rent Increases
For a fixed-term lease, the landlord cannot raise the rent until the lease expires. For month-to-month tenancies, the landlord must provide at least 30 days' notice of a rent increase.
05
SAFETY

Habitability and Repairs

Statute: Va. Code §§ 55.1-1220, 55.1-1244

Landlords are legally required to keep the premises in a fit and habitable condition.

Standard of Care
Landlords must comply with all building and housing codes, maintain all electrical, plumbing, sanitary, heating, and air conditioning systems, and provide running water and heat in the winter.
Tenant Assertion (Rent Escrow)
If a landlord fails to fix a serious "life, health, or safety" issue, the tenant should not simply stop paying rent. Instead, the tenant must file a "Tenant Assertion" in General District Court and pay their rent into a court-held escrow account. The court then decides whether to release the money to the landlord or return it to the tenant for repairs.
Repair and Deduct
Virginia law is very restrictive regarding "repair and deduct." Tenants should only use this method after consulting an attorney, as it is generally safer to use the Tenant Assertion process.
06
SAFETY

Retaliation Protections

Statute: Va. Code § 55.1-1258

Landlords are prohibited from retaliating against tenants for exercising their legal rights.

Protected Activities
A landlord cannot evict you, increase rent, or decrease services because you: - Complained to a government agency about a code violation.Complained to the landlord about a breach of the lease or habitability.Organized or joined a tenant's association.Filed a Tenant Assertion (escrow) case.
Presumption
Unlike some states, Virginia does not have a "presumption period" (like 6 months) where the court automatically assumes a move is retaliatory. The tenant must prove the landlord’s primary motive was retaliation.
07
LEASE

Lease Requirements and Disclosures

Statute: Va. Code §§ 55.1-1202, 55.1-1214 through 55.1-1218

Virginia requires several mandatory disclosures that exceed federal minimums:

Written Lease
If a landlord does not provide a written lease, the VRLTA provides a "statutory lease" that defaults to a 12-month term with rent due in equal installments.
Mold Disclosure
The landlord must disclose in writing if there is any visible evidence of mold in the unit before the tenant moves in (§ 55.1-1215).
Military Air Zone
Landlords must disclose if the property is located in a "noise zone" or "potential accident zone" near a military air installation (§ 55.1-1217).
Methamphetamine Disclosure
If the landlord knows the unit was previously used to manufacture meth and has not been cleaned according to state standards, they must disclose this (§ 55.1-1218).
Statement of Tenant Rights and Responsibilities
Landlords must provide a form from the Department of Housing and Community Development (DHCD) outlining tenant rights. Both parties must sign it.
Unique To Virginia

Protections you won't find everywhere else.

01
Source of Income Protection
Statute: Va. Code § 36-96.2 Virginia's Fair Housing Law was expanded to prohibit discrimination based on "Source of Income." This means landlords (with very few exceptions) cannot refuse to rent to you simply because you use a Section 8 Housing Choice Voucher or other public assistance to pay your rent.
02
Enhanced Military Protections
Statute: Va. Code § 55.1-1235 While federal law (SCRA) protects servicemembers, Virginia law provides specific mechanisms for military personnel to terminate leases early due to orders for a permanent change of station (PCS) or a deployment of more than 90 days. The termination is effective 30 days after the next rent payment is due.
03
"Statement of Tenant Rights" Requirement
Landlords cannot file an eviction lawsuit (Unlawful Detainer) unless they can prove they provided the tenant with the state-authorized "Statement of Tenant Rights and Responsibilities." Disclaimer: This guide is intended for informational purposes and is not legal advice. For specific legal issues, contact a licensed Virginia attorney or Virginia Legal Aid (1-866-534-5243).
Cities with local protections

These Virginia cities layer extra tenant protections on top of state law: Alexandria, Annandale, Arlington, Ashburn, Blacksburg, Burke, Charlottesville, Chesapeake, Chester, Christiansburg, Fairfax, Falls Church, Farmville, Fredericksburg, Glen Allen, Hampton, Harrisonburg, Leesburg, Lynchburg, Manassas, Midlothian, Moseley, Newport News, Norfolk, North Chesterfield, Petersburg, Portsmouth, Radford, Reston, Richmond, Roanoke, Salem, Springfield, Sterling, Suffolk, Virginia Beach, Williamsburg, Winchester, Woodbridge.

Common Questions

Frequently Asked

Security deposit limits in Virginia are set by state law and typically apply per lease, not per tenant. The exact cap, allowed deductions, and the deadline for returning the deposit are defined in the Virginia statutes section above; deadlines vary by state, so check that section for the specific rule that applies to your lease. Always document the unit's condition with photos at move-in and move-out so you can dispute improper deductions.

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Disclaimer: Information provided is for general educational purposes only and does not constitute legal advice. Laws vary by jurisdiction and are subject to change. Consult a qualified attorney for advice specific to your situation.

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