Virginia Rental Law: What Tenants and Landlords Must Know

If you’re renting or renting out a place in Virginia, the rules matter more than you think. Knowing the basics can save you from disputes, extra costs, and legal headaches. Below you’ll find the most practical points you need, written in plain language.

Key Tenant Rights

Virginia law gives renters several core protections. First, a landlord must keep the property habit‑safe – that means fixing heating, plumbing, and electrical problems promptly. Second, you have the right to privacy; a landlord can only enter after giving reasonable notice, usually 24 hours, unless it’s an emergency. Third, the security‑deposit limit is set at one month’s rent, and the landlord must return it within 45 days after you move out, minus any lawful deductions. Lastly, if you face an illegal eviction, you can sue for damages and possibly get your rent back.

Landlord Responsibilities & Common Pitfalls

Landlords, your job is more than collecting rent. You must provide a written lease that outlines rent amount, due date, and any additional fees. Failure to give a proper notice before raising rent or ending a lease can lead to penalties. Remember, Virginia does not have statewide rent control, but you still need to follow local ordinances if you’re in a city like Alexandria. Also, keep records of all communications – texts, emails, and written notices – as they become crucial if a dispute goes to court.

Security deposits deserve special attention. After the tenant moves out, you have to give an itemized list of any damages and the cost of repairs. If you keep part of the deposit for cleaning or repairs, the amount must be reasonable and supported by receipts. Any unclaimed deposit must be held in a separate escrow account; mixing it with personal funds can lead to legal trouble.

When it comes to evictions, Virginia follows a specific process. The first step is a written notice – typically a “Pay or Quit” notice giving the tenant three days to pay overdue rent. If the tenant doesn’t comply, you file a complaint in the General District Court. The court schedules a hearing, and only after a judgment can you obtain a writ of possession to remove the tenant. Skipping any of these steps invalidates the eviction.

Dispute resolution is easier when both parties stay communicative. If a problem arises, try a written “notice to cure” first. This document explains the issue, the required fix, and a deadline. It shows the court you made a good‑faith effort, which can influence the outcome if the case goes to trial.

Recent updates (2023‑2025) have tightened rules on rent‑increase notices and added new disclosure requirements for lead‑based paint in older homes. Landlords must now provide a lead‑hazard pamphlet to tenants if the property was built before 1978. Ignoring this can result in fines and liability for health issues.

Bottom line: whether you’re a tenant or a landlord, keep copies of leases, notices, and receipts. Follow the notice periods, respect privacy rights, and handle deposits transparently. Doing so protects you from costly disputes and keeps the rental experience smooth for both sides.