Virginia landlord tenant law: the rules a landlord meets

Virginia security deposit law

Most you can take

2 months’ rentVa. Code § 55.1-1226(A)

Back to the tenant within

45 daysVa. Code § 55.1-1226(A)45 days after termination or move-out, whichever is later, with an itemized written notice.

Rent and late fees

Late fee

10% of the monthly rentVa. Code § 55.1-1204(E)The lesser of 10% of the periodic rent or 10% of the remaining balance due; only if provided in the written lease.

Virginia rent increase laws and rent control

Notice before a rent increase

No statutory period confirmedVa. Code § 55.1-1204(K)No statute sets notice for a rent increase on a periodic tenancy. A landlord with more than four units must give 60 days' written notice of a rent increase before a renewable lease term ends, rising to 90 days from July 1, 2027.

Rent control

None in forceVa. Code § 55.1-1204(K)

Entering the property: notice to the tenant

Notice before you enter

72 hoursVa. Code § 55.1-1229(A)(4)

Ending a tenancy and eviction notices

Ending a month-to-month tenancy

30 daysVa. Code § 55.1-1253(A)-(B)Written notice at least 30 days before the next rent due date, unless the rental agreement provides otherwise; 60 days when a multifamily owner declines to renew 20+ or 50% of month-to-month tenancies within 30 days.

Unpaid rent

14 daysVa. Code § 55.1-1245(F)“14-day pay or quit notice”Paying in full within the period stops itThe landlord may terminate only if the tenant fails to pay within 14 days after the notice is served. From July 1, 2027, a landlord with more than four units must also offer a payment plan when the debt is no more than one month's rent plus late charges.

Another breach of the lease

30 daysVa. Code § 55.1-1245(A)-(C)“30-day notice to remedy or quit”The tenant can fix the breach within the periodThe notice gives 21 days to remedy a remediable breach and terminates the lease no less than 30 days after receipt. A non-remediable breach gets a 30-day notice with no cure, and a criminal or willful act threatening health or safety allows immediate termination.

Lockouts and shutoffs

Banned: lockouts and utility shutoffsVa. Code §§ 55.1-1252, 55.1-1243.1

The Virginia eviction process, step by step

Disclosures a Virginia lease has to carry

• Provide the Department of Housing and Community Development's Statement of Tenant Rights and Responsibilities with the lease and have the tenant sign the acknowledgment form. (Va. Code § 55.1-1204(B), (H))
• Beginning on the first page of the lease, itemize the security deposit, the rent per period and any one-time charges due before or with the first payment, under the statutory sentence that no other deposits or rent may be charged. (Va. Code § 55.1-1204.1)
• In the written move-in inspection report, state whether there is visible evidence of mold in readily accessible interior areas. (Va. Code § 55.1-1215)
• In a locality with a military air installation, disclose in writing before signing whether the property is in a noise zone or accident potential zone. (Va. Code § 55.1-1217)
• A landlord who knows of unremediated defective drywall must disclose it in writing before the lease is signed. (Va. Code § 55.1-1218)
• A landlord who knows the unit was used to manufacture methamphetamine and has not been cleaned to state guidelines must disclose it in writing before the lease is signed. (Va. Code § 55.1-1219)