Virginia Tenant-Landlord Rental Laws & Rights for 2024

The Virginia Residential Landlord and Tenant Act

The Virginia Residential Landlord and Tenant Act is the primary law governing rental housing and the relationship between landlords and tenants in Virginia. It was enacted to promote fair dealings between the parties, establish clear rights and responsibilities, and provide legal remedies for violations.

The Act applies to most residential rental agreements and covers issues such as leases, security deposits, maintenance obligations, prohibited conduct, termination of tenancy, and the eviction process. It establishes minimum habitability standards that landlords must meet and outlines procedures for handling repairs and complaints.

Some key provisions include:

• Requiring landlords to disclose certain information to tenants before a lease is signed
• Setting limits on the amount landlords can charge for security deposits and fees
• Mandating that rental units meet basic health and safety standards 
• Detailing the rights of tenants to get repairs done in a timely manner
• Establishing the legal grounds and process for evictions
• Prohibiting retaliatory actions by landlords against tenants who exercise their rights

The Act seeks to balance the interests of both tenants and landlords while ensuring rental housing meets acceptable living conditions. It provides tenants with important legal protections but also outlines their responsibilities as renters.

Tenant Rights and Responsibilities in Virginia

In Virginia, tenants have certain rights and responsibilities under the Virginia Residential Landlord and Tenant Act. This includes the right to a habitable rental unit that meets basic standards of living. Landlords must make all repairs and do whatever is necessary to keep the premises in a fit and habitable condition. Tenants have the right to a reasonable expectation of privacy and landlords must provide proper notice (generally 72 hours) before entering the rental unit, except in emergencies.

Tenants are protected from discrimination based on race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, veteran status or disability. Landlords cannot terminate a lease, refuse to rent, or set different rental terms based on these protected classes.

Virginia law allows landlords to charge a security deposit equal to two months' rent. Tenants must be provided a written checklist of the condition of the unit at move-in to help determine if any portion of the security deposit should be withheld for damages beyond normal wear and tear at move-out. Landlords must properly maintain records and provide the tenant with written notice of any deductions with a refund of the remaining deposit within 45 days after termination of the tenancy and tenant's vacating the unit.

On the responsibility side, tenants must pay rent on time, keep the rental unit clean and undamaged beyond normal wear and tear, dispose of garbage properly, and refrain from disturbing other tenants. Failure to pay rent or otherwise comply with the lease can lead to termination of the rental agreement and potential eviction after proper notice periods.

Landlord Obligations

Under the Virginia Residential Landlord and Tenant Act, landlords have several key obligations they must fulfill:

Habitable Premises

Landlords must make all rental units fit for habitation and maintain them in that condition. This includes complying with all applicable building and housing codes to keep the premises safe and livable. The rental must have working utilities, hot and cold water, heat, and be free of insect/rodent infestations.

Repairs and Maintenance 

Landlords are required to make all repairs and do whatever maintenance is necessary to keep the premises in a fit and habitable condition. This includes repairs to the dwelling's structural elements and system components like plumbing, electrical, and HVAC. When repairs are requested by the tenant in writing, the landlord must respond in a reasonable timeframe.

Entry with Proper Notice

Landlords cannot enter a rental unit without proper notice, except in emergency situations. They must provide reasonable written or verbal notice (typically 72 hours minimum) to tenants before entering for repairs, inspections, or to show the unit to prospective tenants or buyers. 

Security Deposit Handling

Virginia limits how much a landlord can charge for a security deposit - no more than two months' rent. Within 45 days after a tenant vacates, the landlord must return the full deposit amount plus any remaining accrued interest, or provide an itemized deductions statement for unpaid rent and damages to the unit.

Other key landlord obligations include providing operable smoke detectors, disclosing specific information upfront before a lease commences, using the security deposit only for legitimate purposes, and making reasonable accommodations for tenants with disabilities.

Security Deposits in Virginia

There are specific rules governing security deposits in Virginia that both landlords and tenants must follow. The law limits the amount a landlord can charge for a security deposit, which cannot exceed two months' rent. This limitation is designed to ensure that tenants are not overburdened with excessive upfront costs when securing a rental property.

Upon termination of the tenancy, the landlord must return the security deposit within 45 days after the tenant vacates the unit. If any deductions are made from the deposit, the landlord is required to provide the tenant with an itemized list of damages and charges. Allowable deductions from the security deposit include unpaid rent, late fees, damages beyond normal wear and tear, utility bills, and other money owed to the landlord under the lease. It is important to note that the landlord cannot deduct for routine cleaning or carpet replacement if it is due to normal aging and use.

By adhering to these rules, both landlords and tenants can ensure a fair process for the handling and return of security deposits, promoting a clear and transparent rental relationship.

Rent and Rent Control Laws in Virginia

Virginia tenants are expected to pay rent on time as stated in the lease agreement. If rent is paid late, landlords are allowed to charge a reasonable late fee, but it cannot exceed the higher of 10% of the periodic rent or 10% of the remaining balance due and owed. Landlords cannot charge an initial late fee until the rent is at least 8 days late. This regulation helps to protect tenants from excessive penalties while ensuring landlords can enforce timely rent payments.

If rent is unpaid, landlords must provide a proper pay or quit notice giving the tenant 14 days to pay rent owed before proceeding with an eviction. Tenants have the right to redeem and avoid eviction by paying all rent and fees due within those 14 days. Additionally, Virginia has special rent repayment plan provisions for tenants impacted by COVID-19, offering additional protections and flexibility during financial hardships.

Regarding rent control, Virginia does not have statewide rent control laws, allowing landlords to set rental prices based on market conditions. This means rent increases are generally unrestricted, but landlords must still adhere to the terms of the lease agreement and provide proper notice if they plan to raise the rent for tenants on month-to-month leases.

Understanding these regulations helps ensure that tenants and landlords are aware of their rights and responsibilities, fostering a fair and legally compliant rental environment.

Tenant's Right to Habitable Housing and Repair Requests

Under Virginia law, landlords must maintain rental units in a fit and habitable condition, complying with applicable building and housing codes that affect health and safety. Tenants have the right to a livable home that meets basic standards of decency. 

If a landlord fails to maintain the premises as required, tenants can submit written repair requests specifying the issues that make the unit unfit or unhealthy. The landlord then has a reasonable period of time, typically 30 days, to address the requested repairs.

If the landlord does not make the necessary repairs within that timeframe, tenants have some additional remedies available:

• Rent Withholding - Tenants can withhold a portion of rent equal to the reduced fair market value of the unlivable premises until repairs are completed. However, withholding full rent payments can potentially lead to eviction filings.
• Repair and Deduct - After providing proper notice, tenants can hire an outside contractor to make repairs and deduct the actual costs from the rent payment. Tenants cannot deduct more than the equivalent of one month's rent.  
• Termination - If the defective condition is serious enough to truly render the premises unsafe and unfit, tenants may be able to legally terminate the lease agreement without penalty after providing appropriate notice.

Landlords cannot retaliate by terminating a lease or refusing to renew if a tenant exercises these rights under Virginia's laws. Tenant organizations recommend keeping meticulous records of repair requests and problems to strengthen any potential court case.

Tenant Right to Privacy and Landlord Entry Notification

Tenants in Virginia have a reasonable right to privacy in their rental units. Landlords must provide proper notice before entering, except in emergency situations. The specific notice requirements are:

Notice for Non-Emergency Entry

Landlords must give tenants at least 72 hours written notice before entering for normal repairs, inspections, or to provide services. The notice must specify a reasonable time frame for entry.

Notice for Entry Due to Tenant Request

If the tenant has requested repairs or services themselves, no additional notice is required beyond the initial request.

Emergency Entry

Landlords can enter without notice in true emergency situations to prevent injury or property damage. Examples include a fire, burst pipe, or safety/security issue.

Changing Locks

Tenants cannot change the locks without the landlord's permission. Landlords cannot change locks to intentionally prevent a tenant's access. If locks are changed, the landlord must provide working keys to the tenant.

Overall, landlords must respect tenants' reasonable privacy rights and provide proper notification unless there is a legitimate emergency that threatens health or property. Improper entry can be considered trespassing.

Terminating Leases and Abandoned Property in Virginia

In Virginia, landlords must provide proper notice to tenants if they wish to terminate or not renew a lease agreement. The required notice periods are as follows:

Notice Periods for Terminating/Not Renewing Leases

• Month-to-month lease: Landlord must give tenant written notice at least 30 days before the next rental due date.
• 6-month lease: Landlord must notify tenant in writing at least 30 days before the lease expires.  
• 1-year lease: Landlord must give tenant written notice at least 60 days prior to the lease expiration.

If the landlord fails to provide proper notice, the tenant may remain in the rental unit as a month-to-month tenant after the lease expires.

Early Termination by Tenant

Tenants may be able to terminate their lease early in certain situations like job transfers, deployments, or domestic violence issues. Advanced written notice (typically 30 days) to the landlord is required. Landlords must make reasonable efforts to re-rent the unit, and tenants may be responsible for rent until it is re-rented.

Abandoned Property

If a tenant moves out or is evicted and leaves property behind, Virginia law allows landlords to dispose of it after giving proper notice. The landlord must provide the tenant with a termination notice stating when they plan to dispose of the remaining property if not claimed and paid for by the tenant.

Evictions in Virginia

A landlord can evict a tenant in Virginia for various reasons, such as non-payment of rent, violation of lease terms, or engaging in illegal activities on the premises. The eviction process is governed by the Virginia Residential Landlord and Tenant Act and involves specific notice requirements and court procedures.

Grounds for Eviction

The most common grounds for eviction in Virginia include:

1. Non-payment of Rent: 

If a tenant fails to pay rent on time, the landlord can issue a written notice to pay or vacate the premises within a specified period, typically 5 days for a non-payment of rent violation.

2. Violation of Lease Terms:

If a tenant violates any provision of the lease agreement, such as keeping unauthorized pets, causing excessive noise, or damaging the property, the landlord can issue a written notice to remedy the violation or vacate the premises within a specified period, typically 30 days.

3. Illegal Activities: 

If a tenant engages in illegal activities on the premises, such as drug-related offenses or criminal activities, the landlord can issue a written notice to vacate the premises within a reasonable time, typically 30 days.

4. End of Lease Term: 

If a tenant remains in the rental unit after the lease term has expired and the landlord does not wish to renew the lease, the landlord can issue a written notice to vacate the premises within a specified period, typically 30 days for a month-to-month tenancy or as stated in the lease agreement.

Required Notices

Before initiating the eviction process, the landlord must provide the tenant with proper written notice, specifying the reason for eviction and the date by which the tenant must vacate the premises. The notice periods vary depending on the grounds for eviction:

• Non-payment of Rent: 5-day notice to pay or vacate
• Violation of Lease Terms: 30-day notice to remedy the violation or vacate
• Illegal Activities: Reasonable notice, typically 30 days
• End of Lease Term: 30 days for month-to-month tenancy or as stated in the lease agreement

Court Procedures

If the tenant fails to comply with the notice, the landlord can file an unlawful detainer action (eviction lawsuit) in the appropriate General District Court. The court will schedule a hearing, and both parties will have an opportunity to present their case.

During the hearing, the landlord must provide evidence of the violation and proper notice, while the tenant can present defenses or counterclaims. If the court rules in favor of the landlord, a Writ of Eviction will be issued, allowing the sheriff to remove the tenant from the premises.

Tenant Defenses

Tenants have certain defenses available in an eviction case, including:

1. Improper Notice: If the landlord failed to provide proper written notice or did not follow the required notice periods, the tenant can argue that the eviction is invalid.

2. Retaliation: If the eviction is in retaliation for the tenant exercising their legal rights, such as reporting code violations or joining a tenant organization, the tenant can raise a defense of retaliation.

3. Discrimination: If the eviction is based on the tenant's race, color, religion, national origin, familial status, or disability, the tenant can claim discrimination as a defense.

4. Landlord Breach of Duties: If the landlord failed to maintain the premises in a habitable condition or violated other landlord obligations, the tenant can raise a defense based on the landlord's breach of duties.

Squatters' Rights in Virginia

Squatters' rights in Virginia are governed by the legal doctrine of adverse possession, which allows an individual to claim ownership of a property if they occupy it continuously and meet specific legal criteria over an extended period. Adverse possession laws are intended to ensure that property is used productively and to encourage property owners to monitor and maintain their land.

Criteria for Adverse Possession

To establish a claim of adverse possession in Virginia, a squatter must satisfy several criteria over a statutory period of 15 years. The key elements include:

• Actual Possession: The squatter must physically occupy the property, using it in a manner that is consistent with ownership. This includes living on the property, making improvements, or maintaining it.
• Open and Notorious: The possession must be visible and obvious to anyone, including the property owner. The squatter's presence should be apparent and not hidden, providing clear notice to the owner.
• Exclusive Possession: The squatter must be the sole occupant of the property, not sharing control with the owner or others.
• Hostile Possession: The occupation must be without the owner’s permission and against the owner’s interests. Hostility in this context does not imply aggression but means the squatter does not have legal authorization to be on the property.
• Continuous Possession: The squatter must occupy the property continuously for the entire statutory period without significant interruption.

Color of Title and Adverse Possession

Having color of title can strengthen a squatter's adverse possession claim in Virginia. Color of title refers to a situation where the squatter has a document that appears to give them ownership, such as a deed or court order, even if it is legally defective. While having color of title can make it easier to claim adverse possession, the squatter must still meet all other criteria and occupy the property for the required 15-year period.

Property Owners' Rights and Preventative Measures

Property owners in Virginia can take several steps to prevent adverse possession claims:

• Regular Inspections: Routinely inspecting and maintaining the property helps identify and address unauthorized occupancy promptly.
• Clear Boundaries: Erecting fences or posting signs can help establish clear property boundaries and deter squatters.
• Prompt Legal Action: Taking swift legal action to remove squatters can prevent them from meeting the continuous possession requirement.
• Granting Permission: Providing explicit permission for someone to use the property can negate the hostility requirement, thereby preventing an adverse possession claim.

Legal Process and Challenges

To establish a claim of adverse possession, a squatter typically needs to file a lawsuit to obtain a court judgment recognizing them as the legal owner of the property. The burden of proof lies with the squatter to demonstrate that all conditions of adverse possession have been met. Property owners can challenge these claims by presenting evidence that the criteria were not fulfilled, such as showing that the squatter’s possession was not continuous or that they had permission to be on the property.

Impact of COVID-19 Policies

During the COVID-19 pandemic, various federal, state, and local policies were implemented to provide temporary protections for tenants facing eviction due to financial hardships caused by the pandemic. These policies may have included eviction moratoriums, rental assistance programs, and additional notice requirements or court procedures.

While some of these protections have expired or been lifted, it's essential for both landlords and tenants to stay informed about any ongoing or new policies that may impact the eviction process in Virginia.

Fair Housing and Anti-Discrimination Protections

Both federal and Virginia state laws prohibit housing discrimination based on certain protected characteristics. The federal Fair Housing Act makes it illegal to discriminate in renting, selling, or financing housing based on race, color, national origin, religion, sex, familial status, and disability. In Virginia, the Virginia Fair Housing Law also prohibits discrimination in housing based on elderliness, source of funds, sexual orientation, gender identity, veteran status, and many other traits.

Discriminatory acts prohibited under these laws include refusing to rent, setting different terms or conditions, making housing unavailable, providing misleading information about availability, and more. The laws cover both intentional discrimination as well as policies or practices that have an unjustified discriminatory effect, even if not intended.

Landlords cannot advertise or make statements that indicate a preference or limitation based on protected classes. They must make reasonable accommodations and allow reasonable modifications for persons with disabilities. Families with children cannot be unreasonably restricted from renting certain unit types.

Enforcement mechanisms exist through administrative complaints to agencies like the U.S. Department of Housing and Urban Development (HUD) and Virginia Fair Housing Office. Victims of discrimination can also file lawsuits in court. Remedies may include compensation, penalties, policy changes, and more.

Virginia tenants who experience discrimination should document incidents, respond to deadlines, file complaints with enforcement agencies, consult tenant advocates and attorneys, and pursue all available remedies. Fair housing rights must be proactively protected.

Rent Increases and Rent Control in Virginia

Virginia does not have any statewide rent control laws that limit how much landlords can increase rent from year to year. However, a few localities in Virginia have enacted their own rent control ordinances that cap annual rent hikes for certain rental properties.

In Arlington County, landlords cannot raise rent more than 5% during any 12-month period for multifamily properties of 4 or more units that meet specific affordability criteria. Fairfax County and several cities in Northern Virginia have similar rent increase restrictions on older multifamily rental communities to preserve affordable housing.

For most rental housing across Virginia though, there are no limits on rent increases imposed by state law. Landlords can raise the rent as much as they want from one lease term to the next, as long as they provide proper written notice, usually 30-60 days before the new rent amount takes effect.

Some cities like Richmond have considered implementing temporary rent control measures during the COVID-19 pandemic, but no new rent control policies were ultimately adopted statewide or in most Virginia localities. Unless the rental unit is covered by an existing local rent control ordinance, tenants in Virginia generally have few protections against steep rent hikes when it comes time to renew their lease.

Additional Resources

Virginia tenants have access to various resources to help understand their rights and get assistance with landlord-tenant disputes. Here are some key additional resources:

Housing Assistance Organizations

There are numerous non-profit organizations across Virginia that provide counseling, education, and advocacy for tenants dealing with housing issues. These groups can explain tenant rights, review lease agreements, negotiate with landlords, and connect tenants to legal aid if needed. Some major housing assistance providers include the Virginia Poverty Law Center, Housing Opportunities Made Equal (HOME), and local housing counseling agencies approved by the U.S. Department of Housing and Urban Development (HUD).

Tenant Handbooks and Guides

Several organizations have created detailed handbooks and guides that outline Virginia tenant rights and responsibilities in plain language. These resources cover topics like security deposits, evictions, repairs, fair housing laws, and more. The Virginia Tenant's Assertion of Rights handbook published by the Central Virginia Legal Aid Society is one of the most comprehensive guides available.

Virginia Rental Housing Laws and Regulations

While the Virginia Residential Landlord and Tenant Act is the core law, there are additional statutes, regulations, and local ordinances that impact rental housing. The Virginia Fair Housing Law, the Virginia Condominium Act, and local property maintenance codes are some other key laws tenants should be aware of. Many cities and counties also have rent control, rental inspection, and other local rental laws that apply.

Dispute Resolution Services

When disputes arise between tenants and landlords, there are third-party mediation and dispute resolution services that can help negotiate a solution before going to court. Some Virginia courts actually require tenants and landlords to go through mediation or dispute resolution before proceeding with an eviction or landlord-tenant lawsuit. These services are typically provided at low or no cost.

Frequently Asked Questions

What rights do tenants have in Virginia?

Tenants in Virginia have the right to a habitable living environment, which includes safe and sanitary conditions. They are protected against discrimination based on race, color, religion, sex, national origin, familial status, disability, and other protected classes. Tenants also have the right to privacy, and landlords must provide reasonable notice before entering the rental unit, except in emergencies.

What are the obligations of a landlord in Virginia?

Landlords in Virginia are obligated to maintain the rental property in a habitable condition. This includes ensuring that essential services like heating, plumbing, and electrical systems are functional and safe. Landlords must also comply with all health and safety codes, make necessary repairs promptly, and respect tenants' privacy by providing proper notice before entering the rental unit.

How much notice does a landlord have to give a tenant to move out in Virginia?

The notice period a landlord must give a tenant to move out in Virginia depends on the type of tenancy:

• For month-to-month tenancies, landlords must provide at least 30 days' notice.
• For fixed-term leases, the lease agreement usually specifies the notice period required for termination. If not specified, the lease ends automatically on the expiration date without additional notice.

Can a tenant refuse entry to a landlord in Virginia?

Yes, a tenant can refuse entry to a landlord if the landlord does not provide reasonable notice or if the entry is not for a legitimate reason such as repairs, inspections, or emergencies. Landlords are generally required to give at least 72 hours' notice before entering the rental unit, except in emergencies.

Can a landlord evict you if there is no lease in Virginia?

Yes, a landlord can evict a tenant without a written lease in Virginia, but they must follow the proper legal procedure. For month-to-month tenancies, the landlord must provide at least 30 days' notice to vacate. If the tenant does not vacate after the notice period, the landlord must file an eviction lawsuit to legally remove the tenant.

What are unacceptable living conditions in Virginia?

Unacceptable living conditions in Virginia include the lack of essential services such as heat, water, electricity, and plumbing; the presence of health hazards such as mold, pest infestations, or structural damage; and non-compliance with health and safety codes. Landlords are required to address these issues promptly to ensure the rental property remains habitable.