Editor’s Pick
The Virginia Residential Landlord and Tenant Act (the VRLTA) is the state law that sets the ground rules for almost every residential lease in Virginia. Since July 1, 2019, it covers nearly all rentals, including single-family homes, so most landlords and residents are now under it whether or not the lease says so. The provisions people ask about most:
- Security deposits are capped at two months’ rent and must be returned, with an itemized statement, within 45 days of move-out.
- A landlord must give notice before entering, and at least 72 hours’ notice for routine maintenance the resident did not request.
- Virginia has no rent control, but a rent increase on a month-to-month tenancy needs at least 30 days’ written notice.
- Eviction for unpaid rent starts with a 14-day pay-or-quit notice, then a court case. It cannot be a lockout.
- A late fee has to be in the lease and cannot exceed 10 percent of the monthly rent or the balance owed.
- Every home has to be kept fit and habitable, and the lease cannot waive that duty.
Every figure below is checked against the current Code of Virginia, Title 55.1, Chapter 12 and the state’s 2025 Landlord-Tenant Handbook. For how Virginia compares with stricter and looser states, start with our guide to landlord-tenant laws by state.
Does the VRLTA Apply to My Rental?
Almost certainly yes. As of July 1, 2019, the Virginia Residential Landlord and Tenant Act applies to nearly every residential tenancy in the Commonwealth, including a single home rented by an individual owner (DHCD Landlord-Tenant Handbook). The old carve-out that let small landlords opt out is gone.
A handful of arrangements sit outside the Act, such as residence in a hotel for fewer than 90 consecutive days, occupancy by a purchaser under a contract of sale, and housing tied to employment. For a standard house, condo, or apartment lease, assume the VRLTA governs, and remember that neither side can waive its core protections in the lease even by agreement.
How Much Can a Landlord Charge and Keep for a Security Deposit in Virginia?
No more than two months’ rent. Under Va. Code § 55.1-1226, a landlord may not demand or hold a security deposit worth more than two months’ periodic rent. A landlord can also let a resident buy damage insurance instead of paying a deposit. If a landlord requires both a deposit and damage insurance, the combined total is capped at two months’ rent as well (Va. Code §§ 55.1-1206 and 55.1-1208).
The return rules are where most disputes live. The landlord has to return the deposit, with a written itemized list of any deductions, within 45 days of the later of the lease-end date or the day the resident moves out. Deductions are limited to unpaid rent, damage beyond ordinary wear and tear, and charges spelled out in the lease. Virginia no longer requires landlords to pay interest on deposits, so do not expect an interest line on the statement. Our walkthrough of security deposit laws in Virginia covers deductions, disputes, and the 45-day clock in full.
How Much Notice Must a Landlord Give Before Entering in Virginia?
Reasonable notice, at a reasonable time, and at least 72 hours for routine maintenance the resident did not ask for. This is where most guides go wrong. They claim a flat 24-hour rule, but Va. Code § 55.1-1229 sets no such figure. For ordinary entry to inspect, make repairs, or show the unit, the landlord must give “notice of his intent to enter” and may enter “only at reasonable times.” For routine maintenance the resident never requested, the statute sets a hard floor of 72 hours’ notice, and the work has to be done within 14 days.
Emergencies are the exception. A burst pipe or a gas leak lets the landlord enter without notice. A landlord who repeatedly enters without notice, or uses access to harass, is violating the Act, and the resident can go to court.
Can a Landlord Raise the Rent in Virginia?
On the amount, yes. Virginia has no statewide rent control, so a landlord can generally set the rent and raise it at renewal. The limits are on timing and notice. During a fixed-term lease, the rent cannot change mid-term unless the lease itself allows it or both sides agree in writing.
For a month-to-month tenancy, a landlord must give at least 30 days’ written notice before the higher rent takes effect, because changing the rent means changing the terms of the tenancy under Va. Code § 55.1-1253. Federally subsidized units can carry additional notice and approval requirements on top of the state rule.
What Fees Can a Virginia Landlord Charge?
A late fee is only enforceable if it is written into the lease, and even then it is capped. Under Va. Code § 55.1-1204, a late charge cannot exceed 10 percent of the periodic rent or 10 percent of the remaining balance owed, whichever is less. A fee invented after the lease is signed, or one that runs past that cap, is not collectible. That percentage is precise and easy to miss, so confirm it before you sign or before you bill.
What Repairs Does a Virginia Landlord Have to Make?
The home has to be fit and habitable, and that duty cannot be waived. Va. Code § 55.1-1220 requires the landlord to supply running water and reasonable amounts of hot water at all times, heat in season, and to keep the electrical, plumbing, sanitary, heating, and air-conditioning systems in good and safe working order. The landlord must also make repairs to keep the property fit and habitable, control moisture and mold, provide working smoke alarms, and comply with building and housing codes that materially affect health and safety.
If something covered by that duty breaks, the resident should report it in writing and keep a copy. Virginia gives residents real remedies when a landlord ignores a serious defect, including a formal notice process and, in some cases, the right to end the lease, but those remedies almost always depend on written notice first. Renters working through a repair problem can start with our renter’s guide.
How Does Eviction Work Under the VRLTA?
Only through the courts, and it starts with the right notice. A landlord cannot change the locks, remove belongings, or shut off utilities to force someone out. The legal path depends on the reason:
- Nonpayment of rent: the landlord must serve a 14-day pay-or-quit notice ( Code § 55.1-1245). Many older guides still cite a five-day notice. Five days does not return until at least July 1, 2028, so 14 days is the number that governs today.
- A lease violation other than rent: the landlord serves a notice giving the resident 21 days to fix the problem, with the tenancy ending 30 days after the notice if it is not fixed (the “21/30” notice).
If the notice period runs out and nothing is resolved, the landlord files an unlawful detainer action in the General District Court under Va. Code § 8.01-126. Only a court judgment and a writ of eviction let anyone be removed, and a resident who is locked out or shut off illegally can sue for damages.
Who Is Protected From Housing Discrimination in Virginia?
More people than the federal law alone protects. The federal Fair Housing Act bars discrimination based on race, color, national origin, religion, sex, familial status, and disability. Virginia’s own Fair Housing Law, Va. Code § 36-96.3, adds several classes, so a Virginia landlord cannot refuse to rent, set different terms, or advertise a preference based on any of the following:
- race, color, religion, national origin, sex, familial status, or disability
- elderliness (age 55 and over)
- source of funds, including housing vouchers and other lawful rental assistance
- sexual orientation and gender identity
- military status
Source of funds, sexual orientation, gender identity, and military status were added by Virginia law in 2020, which is a real change from the shorter federal list many summaries still repeat. Complaints go to the Virginia Fair Housing Office, which investigates directly.
What Must a Virginia Landlord Disclose?
Before or at the start of the tenancy, a Virginia landlord has to hand over specific disclosures:
- The statement of tenant rights and responsibilities. The landlord must provide the state’s official statement and a signed copy of the lease within 10 business days, and cannot pursue an unlawful detainer until it has been given ( Code § 55.1-1204).
- Visible mold. As part of the written move-in inspection report, the landlord must state whether there is visible evidence of mold. If there is, the resident can refuse to take possession or require prompt remediation ( Code § 55.1-1215).
- Lead-based paint. For any home built before 1978, federal law requires a lead-based paint disclosure before the lease is signed.
How Do Virginia Landlords Stay on the Right Side of the VRLTA?
Most trouble under the Act traces back to a vague lease or missing paperwork rather than bad intent. Across the 40,000+ homes we manage, the same few habits prevent the disputes that end up in court:
- Put the terms in writing. Late fees, entry notice, and deposit handling all turn on what the lease says and what the statute requires, so spell them out and hand over the statement of tenant rights on time.
- Document move-in and move-out with dated photos and a signed condition report. The 45-day deposit deadline is unforgiving, so calendar it the day someone moves out.
- Screen every applicant against the same written criteria. Consistency is the practical defense against a fair housing complaint, and Virginia’s protected list is longer than the federal one.
- Never touch the locks or utilities. However far behind the rent falls, the 14-day notice and the court process are the only lawful route.
If you would rather hand off the compliance work, our guide to managing a rental property covers what that involves day to day.
FAQ
How much can a landlord charge for a security deposit in Virginia?
No more than two months’ rent for the security deposit itself, under Va. Code § 55.1-1226. A landlord may offer damage insurance as an alternative to a deposit, but if a landlord requires both a deposit and damage insurance, the combined total still cannot exceed two months’ rent, under Va. Code §§ 55.1-1206 and 55.1-1208.
How long does a landlord have to return a security deposit in Virginia?
45 days from the later of the lease-end date or the move-out date, along with a written itemized list of any deductions. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and charges written into the lease.
How much notice must a Virginia landlord give before entering?
Reasonable notice at a reasonable time for ordinary entry, and at least 72 hours for routine maintenance the resident did not request. There is no flat statewide 24-hour rule despite what many guides say. Emergencies allow immediate entry.
How much notice is required to raise the rent in Virginia?
For a month-to-month tenancy, at least 30 days’ written notice before the increase takes effect. Rent on a fixed-term lease cannot change during the term unless the lease allows it. Virginia has no rent control on the amount.
How does eviction work in Virginia?
The landlord must serve a written notice first: a 14-day pay-or-quit notice for unpaid rent, or a 21-day-to-cure, 30-day-termination notice for other lease violations. If it is not resolved, the landlord files an unlawful detainer in court. Lockouts and utility shutoffs are illegal.
This article is general information, not legal advice. Laws change, and every situation is different. For guidance on a specific situation, talk to a Virginia-licensed attorney.
