Virginia Landlord-Tenant Laws: Key Rental Rules (2026)
Security deposits, notice periods, landlord entry, and other key rental rules in Virginia, each linked to the state law it comes from.
By the ListMyHomes.com™ Editorial TeamPublished Last reviewed
This page summarizes the main landlord-tenant rules in Virginia. Each rule in the table below links to the law it comes from.
Key rules at a glance
| Rule | Virginia |
|---|---|
| Where these laws apply | Code of Virginia Title 55.1, Chapter 12 applies in every jurisdiction in Virginia, to occupancy in all single-family and multifamily dwelling units, and no locality or court may waive or modify it. Excluded occupancies include residence in an institution incidental to detention or to medical, geriatric, educational, counseling, religious or similar services; occupancy by a tenant who pays no rent under a rental agreement; condominium owners and cooperative proprietary-lease holders; and campgrounds. Hotel, motel, extended-stay and similar transient lodging is not covered for a person living there as a primary residence for 90 consecutive days or less, and is covered after more than 90 consecutive days or under a written lease for more than 90 days. The chapter supersedes all other local ordinances or regulations concerning landlord and tenant relations and the leasing of residential property. Va. Code § 55.1-1201(A)-(E) |
| Security deposit limit | Two months' periodic rent. A landlord may let a tenant provide damage insurance coverage instead of paying a security deposit. Va. Code § 55.1-1226(A), (I) |
| Where deposits are held | No account, bank or escrow requirement for security deposits in Code of Virginia Title 55.1, Chapters 12 and 16. Prepaid rent, by contrast, must be placed in an escrow account at a federally insured depository authorized to do business in Virginia by the end of the fifth business day after receipt, and stay there until it becomes due. Va. Code § 55.1-1205; Title 55.1, Chs. 12 and 16 (no security-deposit account provision) |
| Returning the deposit | Within 45 days after the tenancy ends or the tenant moves out, whichever is later, the landlord must give the tenant a written notice itemizing the deposit and any deductions, together with any amount due to the tenant. If damage exceeds the deposit and needs a third-party contractor, the landlord must say so in writing within the 45 days and then has 15 more days to itemize the damage and the cost of repair. If the landlord willfully fails to comply, the court must order the deposit returned with actual damages and reasonable attorney fees, or, if the tenant owes rent, credited against the rent due. Va. Code § 55.1-1226(A), (E) |
| Deposit deductions | Only unpaid rent (including reasonable late charges in the rental agreement), damages from the tenant's noncompliance with § 55.1-1227 less reasonable wear and tear, other damages or charges provided in the rental agreement, and actual damages for breach of the rental agreement. Within five days after the tenant moves in, the landlord must give a written report of existing damage, which is deemed correct unless the tenant objects in writing within five days. The landlord must tell the tenant in writing of the right to attend the move-out inspection; if the tenant asks in writing, the landlord gives its date and time, and it must be held within 72 hours after possession is delivered; afterwards the landlord gives a written disposition statement with an itemized list of damages. Deductions taken during the tenancy need written, itemized notice within 30 days, except within the last 30 days of the rental agreement. Va. Code §§ 55.1-1226(A), (E), (G), 55.1-1214(A) |
| Interest on deposits | Not required by Code of Virginia Title 55.1, Chapters 12 and 16. Va. Code Title 55.1, Chs. 12 and 16 (no provision) |
| Landlord entry notice | Notice of intent to enter, and entry only at reasonable times, except in an emergency or where impractical. At least 72 hours' notice of routine maintenance the tenant did not request (unless impractical); the work must be done within 14 days of the notice, which states the last possible date. No notice is needed for maintenance the tenant requested. The landlord may enter without consent in an emergency, and the tenant may not unreasonably refuse entry to inspect, make repairs, supply services or show the unit. Va. Code § 55.1-1229(A)(1), (4) |
| Notice to end a month-to-month lease | Either side may end a month-to-month tenancy with written notice served at least 30 days before the next rent due date, unless the rental agreement sets a different notice period (week-to-week: 7 days). An owner of multifamily premises that does not renew the greater of 20 or more, or 50 percent, of the month-to-month tenancies there within 30 consecutive days must give each such tenant written notice at least 60 days before the tenancy expires (not required where the tenant has not paid rent). Va. Code § 55.1-1253(A), (B) |
| Rent-increase notice | A landlord who owns more than four rental dwelling units in Virginia (or more than a 10 percent interest in more than four) must give written notice of a rent increase for the next term to a tenant who has a renewal option or an automatic-renewal provision, and written notice of nonrenewal to any tenant, at least 60 days before the rental agreement term ends (not for a periodic tenancy created under § 55.1-1253(C)). When a tenant stays on as a holdover or month-to-month tenant after a rental agreement ends and no new agreement is made, a new rent set by written notice does not take effect until the next rent due date coming 30 days after the notice. A landlord may not raise rent in retaliation after learning that the tenant complained to a building- or housing-code agency of a violation materially affecting health or safety, complained or sued under the landlord-tenant chapter, organized or joined a tenants' organization, or testified against the landlord; rent may still be raised to what is charged for similar market rentals. Va. Code §§ 55.1-1204(K), 55.1-1253(D), 55.1-1258(A) |
| Late fees | Only if the written rental agreement provides for one, and no more than the lesser of 10% of the periodic rent or 10% of the remaining balance owed. Where the landlord offers no written rental agreement, rent is due on the first of the month and is late if not paid by the fifth. Va. Code § 55.1-1204(C)(4)-(5), (E) |
| Notice for unpaid rent | A written notice giving the tenant 14 days to pay; if the rent is not paid within the 14 days, the landlord may terminate the rental agreement and seek possession. In an unlawful detainer case the tenant, or a third party for the tenant, may pay all rent due as of the court date, the other charges, fees and late charges in the rental agreement, reasonable attorney fees and court costs, and the case is then dismissed unless it also rests on grounds other than nonpayment. If payment was not made by the return date, the tenant may still pay all amounts claimed, including sheriff fees, no less than 48 hours before the scheduled eviction, and the landlord must then promptly have the eviction canceled. Va. Code §§ 55.1-1245(F), 55.1-1250(C), (D) |
| Rent control | No cap on rent amounts or rent increases in Code of Virginia Title 55.1, Chapters 12 and 16. Chapter 12 supersedes all other local ordinances or regulations concerning landlord and tenant relations and the leasing of residential property. Va. Code § 55.1-1201(E); Title 55.1, Chs. 12 and 16 (no rent-control provision) |
| Required landlord disclosures | With the written rental agreement the landlord gives the Department of Housing and Community Development's statement of tenant rights and responsibilities, the parties sign the form acknowledging its receipt, and the tenant gets a copy of both within 10 business days of the agreement's effective date. The first page of the written rental agreement must itemize the security deposit, the rent per payment period and any one-time charges due before the start date or included in the first rental payment. At or before the start of the tenancy, the landlord discloses in writing the name and address of the person authorized to manage the premises and of an owner or a person authorized to act for the owner. The move-in inspection report must state whether there is visible evidence of mold in readily accessible areas of the unit. Before a written lease is signed (or, for an oral lease, before occupancy): in a locality with a military air installation, a written disclosure of the noise zone or accident potential zone the property is in; and, if the landlord actually knows of it, unremediated defective drywall, or prior methamphetamine manufacture not cleaned up in accordance with the guidelines under § 32.1-11.7. For a multifamily unit, prospective tenants must be told in writing of a condominium or cooperative registration application filed with the Real Estate Board, or of a plan within six months to displace tenants by demolition, substantial rehabilitation or conversion. Va. Code §§ 55.1-1204(B), (H), 55.1-1204.1, 55.1-1215, 55.1-1216(A), (C), 55.1-1217(A), 55.1-1218(A), 55.1-1219(A) Federal law: For housing built before 1978 (with limited exceptions): before the tenant is bound by the lease, the landlord must give the EPA lead-hazard pamphlet and disclose any known lead-based paint or hazards and any available reports. 42 U.S.C. § 4852d; 40 CFR 745.107 |
| Fair housing protected classes | Race, color, religion, national origin, sex, elderliness (age 55 or older), source of funds (any source that lawfully provides funds to or for a renter or buyer, including assistance, benefit or subsidy programs), familial status, sexual orientation, gender identity, military status and disability. Va. Code §§ 36-96.3(A)(1), (8), 36-96.1:1 |
What this means for renters
Before you sign, compare the lease's deposit amount, rent due date, and late-fee terms with the rules above. At move-in, record the unit's condition with dated photos. When you move out, give the written notice your lease and the rules above call for, leave a forwarding address, and keep copies of everything you send and receive.
What this means for landlords who manage their own rental
List the unit with its rent, deposit, and lease terms. Screen every applicant by the same written criteria, within fair-housing law. Collect the deposit and give notices following the rules above, and keep records of the unit's condition at move-in and move-out.
List your rental on ListMyHomes.com for one flat fee, or browse rentals in Virginia listed directly by owners.
Frequently asked questions
How much can a landlord charge for a security deposit in Virginia?
Two months' periodic rent. A landlord may let a tenant provide damage insurance coverage instead of paying a security deposit. See the source in the table above.
How long does a Virginia landlord have to return a security deposit?
Within 45 days after the tenancy ends or the tenant moves out, whichever is later, the landlord must give the tenant a written notice itemizing the deposit and any deductions, together with any amount due to the tenant. If damage exceeds the deposit and needs a third-party contractor, the landlord must say so in writing within the 45 days and then has 15 more days to itemize the damage and the cost of repair. If the landlord willfully fails to comply, the court must order the deposit returned with actual damages and reasonable attorney fees, or, if the tenant owes rent, credited against the rent due. See the source in the table above.
How much notice must a Virginia landlord give before entering?
Notice of intent to enter, and entry only at reasonable times, except in an emergency or where impractical. At least 72 hours' notice of routine maintenance the tenant did not request (unless impractical); the work must be done within 14 days of the notice, which states the last possible date. No notice is needed for maintenance the tenant requested. The landlord may enter without consent in an emergency, and the tenant may not unreasonably refuse entry to inspect, make repairs, supply services or show the unit. See the source in the table above.
How much notice ends a month-to-month lease in Virginia?
Either side may end a month-to-month tenancy with written notice served at least 30 days before the next rent due date, unless the rental agreement sets a different notice period (week-to-week: 7 days). An owner of multifamily premises that does not renew the greater of 20 or more, or 50 percent, of the month-to-month tenancies there within 30 consecutive days must give each such tenant written notice at least 60 days before the tenancy expires (not required where the tenant has not paid rent). See the source in the table above.
How much notice is required for a rent increase in Virginia?
A landlord who owns more than four rental dwelling units in Virginia (or more than a 10 percent interest in more than four) must give written notice of a rent increase for the next term to a tenant who has a renewal option or an automatic-renewal provision, and written notice of nonrenewal to any tenant, at least 60 days before the rental agreement term ends (not for a periodic tenancy created under § 55.1-1253(C)). When a tenant stays on as a holdover or month-to-month tenant after a rental agreement ends and no new agreement is made, a new rent set by written notice does not take effect until the next rent due date coming 30 days after the notice. A landlord may not raise rent in retaliation after learning that the tenant complained to a building- or housing-code agency of a violation materially affecting health or safety, complained or sued under the landlord-tenant chapter, organized or joined a tenants' organization, or testified against the landlord; rent may still be raised to what is charged for similar market rentals. See the source in the table above.
How much can a Virginia landlord charge for late rent?
Only if the written rental agreement provides for one, and no more than the lesser of 10% of the periodic rent or 10% of the remaining balance owed. Where the landlord offers no written rental agreement, rent is due on the first of the month and is late if not paid by the fifth. See the source in the table above.
How much notice must a Virginia landlord give when rent is unpaid?
A written notice giving the tenant 14 days to pay; if the rent is not paid within the 14 days, the landlord may terminate the rental agreement and seek possession. In an unlawful detainer case the tenant, or a third party for the tenant, may pay all rent due as of the court date, the other charges, fees and late charges in the rental agreement, reasonable attorney fees and court costs, and the case is then dismissed unless it also rests on grounds other than nonpayment. If payment was not made by the return date, the tenant may still pay all amounts claimed, including sheriff fees, no less than 48 hours before the scheduled eviction, and the landlord must then promptly have the eviction canceled. See the source in the table above.
Does Virginia have rent control?
No cap on rent amounts or rent increases in Code of Virginia Title 55.1, Chapters 12 and 16. Chapter 12 supersedes all other local ordinances or regulations concerning landlord and tenant relations and the leasing of residential property. See the source in the table above.
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