Landlord laws

Virginia landlord-tenant law

Virginia Residential Landlord and Tenant Act, Va. Code §§ 55.1-1200 to 55.1-1262, and § 36-96.3 (official text, law.lis.virginia.gov, viewed Oct 22, 2026)

Last verified Oct 2026

General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.
Virginia landlord-tenant rules
TopicRule (plain English)StatuteStatus
Security deposit capUp to 2 months' rent.Va. Code § 55.1-1226(A)Verified
Deposit return deadlineWithin 45 days after the tenancy ends or the tenant moves out, whichever is later, give written notice itemizing the deposit and any deductions, plus any amount due. Deductions are limited to accrued rent and reasonable late charges in the lease, damage beyond reasonable wear and tear, other charges in the lease, and actual damages for breach. For multiple tenants, pay with one check to all of them, unless they agree otherwise in writing.Va. Code § 55.1-1226(A)–(B)Verified
Deposit holding and interestNot specified in state statute. No statute requires paying interest on the deposit or using a separate deposit account. We checked every section of the Act. Keep itemized records of each tenant's deposit (55.1-1226(F)). Prepaid rent has its own escrow rules (55.1-1205).Va. Code §§ 55.1-1226, 55.1-1205Not in statute
Late fee cap and grace periodYou may charge a late fee only if the written lease provides for it. The fee can't exceed the lesser of 10% of the periodic rent or 10% of the balance due. The Act sets no grace period.Va. Code § 55.1-1204(E)Verified
Landlord entry noticeExcept in an emergency or when impractical, give notice and enter only at reasonable times. For routine maintenance the tenant didn't request, give at least 72 hours' notice and do the work within 14 days.Va. Code § 55.1-1229Verified
Rent increase noticeLandlords with more than 4 units (or more than a 10% interest in more than 4) must give renewing tenants written notice of a rent increase at least 60 days before the lease ends. This rises to 90 days, with a renewal-reply deadline, effective July 1, 2027. The Act sets no specific notice for smaller landlords. A month-to-month tenancy ends on 30 days' written notice unless the lease says otherwise.Va. Code §§ 55.1-1204(K), 55.1-1253(A)Verified
Rent control statusNot specified in state statute. There is no statewide rent control. We checked the full Act. The Act applies uniformly statewide, and localities may not waive or modify it.
Note: Whether localities may adopt rent control turns on Virginia's Dillon Rule (case law), not an express statute in the Act.
Va. Code § 55.1-1201(A)Not in statute
Eviction notice: nonpaymentServe a written 14-day notice to pay or the lease will end. Bounced checks and rejected electronic payments are also covered.Va. Code § 55.1-1245(F)Verified
Eviction notice: lease violationFor a material breach you can fix, give a 21/30 notice: 21 days to cure, or the lease ends at least 30 days after receipt. For a breach you can't fix, give a 30-day notice. For a criminal or willful act that threatens health or safety (including illegal drug activity), you can terminate immediately. The Act's text changes on July 1, 2027.Va. Code § 55.1-1245(A)–(C)Verified
Required disclosuresGive the DHCD Statement of Tenant Rights and Responsibilities (55.1-1204). Within 5 days after move-in, give a written move-in inspection report (55.1-1214) that includes the mold disclosure (55.1-1215). Make the special disclosures when they apply: a nearby military air installation (55.1-1217), defective drywall (55.1-1218), or past meth manufacturing (55.1-1219). For pre-1978 housing, give the federal lead-paint disclosure (40 CFR 745.113).Va. Code §§ 55.1-1204, 55.1-1214, 55.1-1215, 55.1-1217–1219; 40 CFR 745.113Verified
Fair housing beyond federal lawVirginia adds elderliness, source of funds, sexual orientation, gender identity and military status.Va. Code § 36-96.3Verified

Last verified Oct 2026 · Sources are official state legislature sites. Federal rules also apply.

Tools for Virginia landlords

General information only. Not legal advice. RentToolkit is not a law firm. Laws and local ordinances change, so check the statute and consult a licensed attorney in your state before acting.