Landlord-Tenant Laws in Virginia

By this time, we’ve covered tenant rights in almost 20 states of the US in our blog. At Rentberry, we believe every tenant and landlord should be aware of and familiar with their main rights and responsibilities.

Today, it’s time to talk about tenant rights in Virginia. This guide will cover all the most important questions you might have: is it required to sign a written agreement, what is the average amount of security deposits, how the eviction process looks like, and much more.

Rental Application

Application fee: cannot exceed $50
Application fee refund: non-refundable 
Rental agreement required: oral or written

Tenants who apply for a rental in Virginia might expect their potential landlord to charge them an application fee as well as a refundable application deposit. The landlord uses an application fee to cover their expenses for the background, credit, and criminal check of the potential tenant. This fee is usually non-refundable unless the tenant believes the landlord broke the Fair Housing Act during the application process. 

On the other hand, the landlord might require an application deposit to protect themselves in case the potential tenant falls through at the last moment. There is no specified maximum or minimum amount in the Virginia Residential Landlord and Tenant Act, and each landlord can decide on it by themselves. If the tenant rents the apartment, they can use their application deposit towards the security deposit. And, if they choose not to rent the place, the landlord can deduct from the application deposit costs and expenses they had to incur. The rest of the deposit must be returned within 20 days or within 10 days if the deposit was made by cash, check, or postal money order. 

Just like in many other states, Virginia rental laws allow for the oral or written rental agreement. In the case of the oral agreement, its duration cannot be longer than 12 months. If the renter pays weekly, it will be considered a week-to-week agreement, and if the payments are made monthly, it qualifies as a month-to-month rental agreement. However, we strongly recommend opting for a written rental agreement both for tenants and landlords — this will provide more clarity in case of any disputes or misunderstandings.

Security Deposit

Pet deposit maximum: not indicated
Security deposit maximum: not more than 2x monthly rent
Security deposit interest: no
Return deposit deadline: 45 days
List of charges with the basis for the claim: required
Legal reasons to keep security deposit: to cover unpaid rent or property damage 

According to statutes, the security deposit cannot exceed the amount of two months’ rent. Unfortunately for tenants in this state, there are no legal requirements for the security deposit to generate interest. Also, renters laws in Virginia do not specify how the security deposit should be stored.

After the tenant moves out, the landlord or property manager has the right to withhold a security deposit or some part of it in certain cases. These include unpaid rent, breach of a rental agreement, damages beyond normal wear and tear, and other charges and damages indicated in the rental agreement (such as unpaid utility bills).

To withhold the security deposit or some part of it, the landlord has to conduct the rental unit inspection and present an itemized list of charges after the tenant moves out of the rental property. Finally, the landlord has to return a security deposit (or the part left after deductions) together with the written list of charges within 45 days after the move-out date.

Security and Comfort

Smoke alarms: required
Carbon monoxide detectors: required upon request
Rekey requirements: not indicated

Landlord-tenant laws in Virginia require all rental units to have smoke alarms installed. During their tenancy, the renter’s responsibility is to make sure smoke alarms are in proper working condition and inform the landlord about any malfunctions. When it comes to carbon monoxide alarms, the landlord is required to install them only upon receiving a written request from the tenant. The installation has to be done within 90 days, and the landlord has the right to ask a tenant to cover the costs of the equipment and labor.

Rental Payments

Maximum rent: not indicated
Rent increase: not indicated
Right to withhold rent for failure to provide essential services (such as water, heat, etc.): allowed
Late payment limit: up to 5 days

There is no rent control in Virginia, which results in no cap on how much rent landlords can charge. What’s more, landlord-tenant laws in Virginia do not set a limit to which rent can be increased.

Note: To make sure you agree on the fair rental price, we recommend researching the market of a given town or neighborhood beforehand to know what to expect. You can also use pricing statistic tools, such as the one we offer at Rentberry. For example, searching for rentals in Charlottesville, you can open our statistics and check the average rent for apartments in the city information tab.

It is possible for landlords to charge late fees if the tenant fails to pay rent on time. They can be imposed if the renter is late for more than five days. Also, late charges cannot be more than 10% of the rent or 10% of the remaining amount owed by the tenant.

However, late fees and their amount should be indicated in the written lease agreement under a specific clause. If the landlord decides to charge the late fee later on when the tenant owes the rent, without including any clause in the agreement, it will be considered illegal under the Virginia tenant-landlord law. Tenants are allowed to deduct costs of essential repairs from the rent, but there are certain procedures they have to follow.

First of all, the issue has to impose a serious life or health hazard or make a rental property inhabitable. Also, the tenant has to notify the landlord in writing about the problem and give them 14 days to fix the issue. If the landlord does not address the issue on their own during this time, the tenant can hire a licensed contractor. Finally, if the landlord will not reimburse the cost of repairs, the tenant may deduct the costs of repairs from their rent, as long as the costs do not exceed $1,500 or one month’s rent. You should also remember that it is necessary to provide the landlord with an itemized statement that includes receipts for purchased materials and the contractor’s work.

Lease Terminations

Notice to terminate lease:  30 days for a month-to-month agreement
Eviction notice for lease violation: 30 days

If the tenant wants to terminate a month-to-month rental agreement, they have to give the landlord a notice 30 days in advance. Similarly, if it’s a week-to-week rental agreement, the notice should be provided seven days in advance. 

In case the landlord wants to evict their tenant for violating the lease, they have to provide them with a written notice and give them 21 days to fix the issue. If the renter fails to solve the problem by the end of this period, they have nine days to vacate the property.

Disclaimer: Although we have relied on Official State Statutes and other credible sources to find and analyze information for this post, you’re advised to use it as a starting point only and do not consider this article a substitute for legal advice. Some situations are unique, and it is always better to consult with a qualified lawyer or appropriate government agencies.

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