Virginia Landlord-Tenant Laws: Rights and Duties for Both Sides

Virginia landlords must offer a written lease that comes with the state's statement of tenant rights, give 72 hours of notice before routine maintenance the tenant did not request, and keep the unit fit and habitable. Tenants can pay rent into court escrow when serious problems are not fixed.

Virginia landlord-tenant rights at a glance

Rule	Virginia	Law
Notice before entry	Entry must be at reasonable times with notice, and routine maintenance the tenant did not request needs at least 72 hours of notice; no notice is needed in an emergency or when the tenant asked for the work.	Va. Code 55.1-1229
Tenant repair remedies	Landlords must keep the unit fit and habitable, and if a serious problem is not fixed after written notice, the tenant can ask the general district court to let them pay rent into an escrow account.	Virginia Residential Landlord and Tenant Act (tenant's assertion and rent escrow)
Retaliation protection	A landlord may not raise rent, cut services or seek possession because a tenant complained to a code agency, complained to or sued the landlord, joined a tenant group or testified against the landlord.	Va. Code 55.1-1258
Late fees	A late fee is allowed only if the written lease provides for it, and it cannot exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due.	Va. Code 55.1-1204(E)
Grace period	Under the default terms that apply when no written lease is signed, rent is due on the first and late if not paid by the fifth. A written lease can set its own due date and late fee terms within the cap.	Va. Code 55.1-1204
Deadline to return the deposit	The landlord must return the deposit, with a written itemized list of any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever is later.	Va. Code 55.1-1226(A)

Repairs and habitability

Every residential tenancy comes with a duty to keep the home safe and livable. Put repair requests in writing and keep a dated record of each step.

Tenant repair remedies. Landlords must keep the unit fit and habitable, and if a serious problem is not fixed after written notice, the tenant can ask the general district court to let them pay rent into an escrow account. (Virginia Residential Landlord and Tenant Act (tenant's assertion and rent escrow))

Entry and privacy

Notice before entry. Entry must be at reasonable times with notice, and routine maintenance the tenant did not request needs at least 72 hours of notice; no notice is needed in an emergency or when the tenant asked for the work. (Va. Code 55.1-1229)

Retaliation

Retaliation protection. A landlord may not raise rent, cut services or seek possession because a tenant complained to a code agency, complained to or sued the landlord, joined a tenant group or testified against the landlord. (Va. Code 55.1-1258)

Rent, late fees and grace periods

Late fees. A late fee is allowed only if the written lease provides for it, and it cannot exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due. (Va. Code 55.1-1204(E))

Grace period. Under the default terms that apply when no written lease is signed, rent is due on the first and late if not paid by the fifth. A written lease can set its own due date and late fee terms within the cap. (Va. Code 55.1-1204)

Applications and screening

Federal fair housing law applies everywhere: apply the same written criteria to every applicant, and never screen on a protected characteristic.

Application fees. A nonrefundable application fee cannot exceed $50, plus the actual third party cost of background and credit checks; a refundable application deposit must be returned, less actual costs, within 20 days if the applicant does not rent. Checked on law.lis.virginia.gov on 2026-10-29. HUD regulated units have a lower cap. (Va. Code 55.1-1203)

Screening rules. Generally, Virginia fair housing law bars discrimination based on source of funds, including housing vouchers, along with the federal protected classes. (Virginia Fair Housing Law)

Disclosures to include with the lease

Disclosures are easiest to get right at lease signing. Other disclosures may also be required by your city or by the property itself, so check before you sign.

Required disclosures. The landlord must offer a written lease and give the tenant the state's statement of tenant rights and responsibilities with a signed acknowledgment; a landlord cannot sue over a lease violation until it has been provided. (Va. Code 55.1-1204(B) and (H))

Required disclosures. The first page of a written lease must list the deposit, the rent for each period and any one time charges, under a statement that no other deposits or rent will be charged unless listed or added by a signed addendum. (Va. Code 55.1-1204.1)

Required disclosures. Generally, landlords disclose any visible evidence of mold found at move in inspection. (Virginia Residential Landlord and Tenant Act)

Required disclosures. Properties in a locality with a military air installation need a disclosure about noise and accident potential zones. (Virginia Residential Landlord and Tenant Act)

Required disclosures. Homes built before 1978 need the federal lead-based paint disclosure and the EPA pamphlet. (Residential Lead-Based Paint Hazard Reduction Act (42 U.S.C. 4852d))

Security deposits in brief

Deposit limit. A security deposit cannot exceed two months of periodic rent. (Va. Code 55.1-1226(A))

Deadline to return the deposit. The landlord must return the deposit, with a written itemized list of any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever is later. (Va. Code 55.1-1226(A))

Mistakes to avoid

• Entering a unit without the notice the lease or the law requires.
• Letting a written repair request sit without a reply or a plan.
• Leaving required disclosures out of the lease packet.
• Applying screening criteria differently from one applicant to the next.
• Raising rent or ending a tenancy soon after a complaint without a documented, unrelated reason.