Landlord Guide to Renting in Virginia

Virginia permits both written and oral lease agreements, though written leases are strongly recommended. Under Virginia Code § 55.1-1204, the landlord must offer a written rental agreement for any tenancy. If the tenant refuses, the landlord may still proceed with an oral agreement. Any lease for more than one year must be in writing under the Statute of Frauds.

• Written rental agreements must be offered by the landlord (§ 55.1-1204)
• Oral leases are enforceable for terms under one year
• Month-to-month tenancies arise when a fixed-term lease expires without renewal
• The lease must state the rent amount, due date, lease term, and the name and address of the landlord or managing agent

Under Virginia Code § 55.1-1226, landlords may collect a security deposit of up to two months' rent. The deposit must be held in a separate escrow account at a federally insured financial institution in Virginia, or the landlord may furnish a bond in lieu of an escrow account.

• Maximum deposit: two months' rent (§ 55.1-1226)
• Must be held in a separate escrow account at a Virginia financial institution
• Landlord must notify the tenant in writing of the account location within 45 days of move-in
• Interest is not required unless the local jurisdiction mandates it

Virginia requires several disclosures at or before the commencement of a tenancy. These are outlined in § 55.1-1216 and other sections of the VRLTA.

• Move-in inspection report documenting existing damage (§ 55.1-1214)
• Name and address of the landlord and any authorized management agent (§ 55.1-1216)
• Lead-based paint disclosure for properties built before 1978 (federal, 42 U.S.C. § 4852d)
• Disclosure of any known defective drywall (§ 55.1-1218)
• Notice if the property is located in a noise zone or accident potential zone near a military airfield (§ 55.1-1217)
• Disclosure of mold in the unit, if known (§ 55.1-1215)

Rent is due on the date specified in the lease. Virginia Code § 55.1-1204 requires rental agreements to state when rent is due. Landlords must provide a 5-day grace period for rent payments before charging a late fee, per § 55.1-1204(C)(5). Late fees may not exceed 10% of the periodic rent or 10% of the remaining balance due, whichever is less.

• 5-day grace period required before any late fee may be assessed (§ 55.1-1204(C)(5))
• Late fee may not exceed 10% of the periodic rent
• Landlords must accept rent payments in person at a designated location during business hours
• Returned check fees may be charged as permitted by Virginia Code § 8.01-27.1

Landlords must maintain the rental property in a fit and habitable condition as required by § 55.1-1220. This includes compliance with applicable building and housing codes, maintaining structural components, plumbing, heating, electrical, and sanitary systems, and providing running water and reasonable heat.

• Maintain the property in compliance with building and housing codes (§ 55.1-1220)
• Keep common areas clean and safe
• Maintain all essential systems including plumbing, HVAC, and electrical
• Provide working smoke detectors and carbon monoxide detectors

Virginia Code § 55.1-1229 requires landlords to give at least 24 hours' notice before entering a rental unit unless there is an emergency. Entry must occur at reasonable times and for reasonable purposes such as inspections, repairs, or showing the unit to prospective tenants or buyers.

• Minimum 24 hours' notice required for non-emergency entry (§ 55.1-1229)
• Entry must be at reasonable times
• No notice required for emergencies
• Tenant may not unreasonably withhold consent

Virginia has no statewide rent control, and localities are generally preempted from enacting rent control ordinances under § 55.1-1300. Rent cannot be increased during a fixed-term lease unless the lease allows it. For month-to-month tenancies, the landlord must give at least 30 days' written notice before a rent increase takes effect.

• No statewide rent control — landlords may set rent at market rates
• 30 days' written notice required for rent increases on month-to-month tenancies
• Rent increases may not be retaliatory (§ 55.1-1258)

Notice requirements depend on the type of tenancy. Fixed-term leases terminate at the end of the lease term without notice unless the lease specifies otherwise.

• Month-to-month tenancy: 30 days' written notice (§ 55.1-1253)
• Week-to-week tenancy: 7 days' written notice
• Fixed-term lease: terminates automatically at expiration
• Nonpayment of rent: 5-day pay-or-quit notice (§ 55.1-1245)
• Lease violation: 21-day notice to cure, or 30-day notice for subsequent violations (§ 55.1-1245)

Evictions in Virginia are conducted through an unlawful detainer action filed in the general district court. The landlord must first serve the required notice and allow the cure period to expire before filing suit.

• Serve the appropriate written notice (5 days for nonpayment, 21/30 days for lease violations)
• File an unlawful detainer action in general district court
• The court hearing is typically scheduled within 21–30 days of filing
• If judgment is entered for the landlord, a writ of eviction is issued after 10 days

Under Virginia Code § 55.1-1226, the landlord must return the security deposit, along with an itemized list of deductions, within 45 days after the tenant vacates and provides a forwarding address. Permissible deductions include unpaid rent, damages beyond normal wear and tear, and other charges allowed by the lease.

• Return deadline: 45 days after tenant vacates and provides forwarding address (§ 55.1-1226)
• Itemized list of deductions must accompany any withheld amount
• Permissible deductions: unpaid rent, damages beyond normal wear and tear, lease-authorized charges
• Failure to comply may entitle the tenant to recover the full deposit plus penalties and attorney fees