Virginia Tenant Information

Virginia Tenant Information

 

Under Virginia Law, tenants have certain rights when they move in, while they are renting, and before they can be evicted. The specific rights you have depend on whether or not your tenancy is covered by the Virginia Residential Landlord and Tenant Act (VRLTA). You are covered by the VRLTA if you live in an apartment building or in any type of multi-family housing. Multi-family housing means you share heating, hot water, entry and exit, or some other service with another unit in the same building. You also are covered if you live in a single family house and your landlord rents out more than ten single-family homes in a county or more than four single-family homes in a city. Throughout this handout we will tell you what general rights you have as a tenant and specify if there are any differences depending on whether you are covered by the VRLTA.

Virginia Tenant Rights: From Application to Termination

In addition to standard landlord-tenant laws, the state enacted the Virginia Residential Landlord and Tenant Act (Code Sections 55-248.2 through 55-248.40). These laws include many of your rights and responsibilities as a tenant and apply to most residential agreements (except single-family houses if your landlord owns and rents no more than two such houses and states the exemption in your rental agreement).

Among the tenants’ rights laws in Virginia are those addressing discrimination, security deposits, and living conditions. For example, it’s illegal to refuse to rent to or discriminate against someone in the terms of an agreement based on that person’s race, religion, age, or other protected characteristic. And all landlords must maintain their rental units in a habitable condition, which includes making necessary repairs and providing working plumbing and heat (during cold seasons).

In order to terminate your rental agreement, your landlord must give you adequate notice. And after your lease has ended and you’ve moved out, the landlord has 45 days to return your security deposit and provide you with an itemized list of any deductions they made for things like damages or past-due rent.

 

Tenants Defending an Eviction Forms

Download How to answer an eviction forms in each state.

Tenant Defence Forms

 

 

Virginia Tenant Rights Laws at a Glance

The chart below provides a summary of Virginia state laws governing the landlord-tenant relationship, including links to important code sections.

Statutes	§55-217 et seq.; 55-248.2 et seq. Discrimination: §36-96.1 to 36-96.23 Security Deposits: §55-248.15:1 Habitability: §55-225.3 et seq.; 55-248.13; 55-248.27 Notice: §55-222; 55-248.7; 55-248.37; 55-248.31; 55-248.18 Eviction: §55-225 et seq.; 8.01-124 et seq. Retaliation: §55-225.18; 55-248.39
Security Deposits	Limit: 2 months’ rent Cannot be nonrefundable Must return all or part of the security deposit within 45 days of termination of tenancy and moving out, along with itemized list of deductions, damages, and charges Part or all may be used for: Past-due rent and late fees Damages to rental beyond normal wear and tear Damages or charges as provided in rental agreement
Paying Rent	May not raise rent during lease term (e.g. 1 year lease) unless agreed to in writing; may raise rent upon lease renewal May raise rent during periodic rental agreement (e.g. month-to-month)
Living Conditions	Landlord must give 24 hours’ notice to enter (except in emergencies or for maintenance requested by tenant) Landlord may only enter for certain reasons including emergency, inspection, to make necessary/agreed repairs, and show unit to prospective buyers or tenants Landlord must maintain premises in fit and habitable condition (comply with building and housing codes, make necessary repairs, maintain electrical, plumbing, heating, hot water, and other facilities)
Discrimination	No discrimination based on race, color, religion, national origin, sex, elderliness, familial status, or handicap
Ending or Renewing a Tenancy	Landlord must give written notice to terminate the tenancy: Lease: according to lease terms Week-to-week: 7 days Month-to-month: 30 days Year-to-year: three months Eviction: 5 days for failure to pay rent; 30 days for breach of lease (if not remedied within 21 days) Eviction: Court order required
Retaliation	Landlord may not retaliate against tenant for exercising tenant rights

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

 

Virginia Tenant Rights Laws: Related Resources

• Virginia Lease and Rental Agreement Laws
• Virginia Residential Landlord Tenant Handbook
• Tenant Lease Agreement FAQs
• Tenants’ Rights Basics
• U.S. Dept. of Housing and Urban Development in Virginia
• Virginia Fair Housing Office

 

As a renter in Virginia, you have legal protections under the Virginia Residential Landlord and Tenant Act (VRLTA) that include the right to:

• A fair application fee.
• A fair security deposit.
• A decent and safe place to live.
• A certain level of security.
• Privacy.
• Be informed of a change in management or ownership, or change of the property for some other use.
• Be properly notified before pesticides are applied in your apartment.
• Be properly notified of a rent increase or decrease in services.
• A proper eviction notice.
• Speak out.

This Act applies to apartments, public housing, Housing Choice Vouchers, Section 8 housing and other federally subsidized housing run by HUD. (Renters in subsidized housing may have certain rights from the VRLTA that HUD doesn’t list.)

 

Virginia Residential Landlord and Tenant Act
Check out all the details about your rights as a renter and your responsibilities.

 

Virginia Residential Landlord and Tenant Handbook
Handbook has been prepared to provide information on the rights, remedies, and responsibilities of landlords and renters concerning the rental process.

 

Virginia Fair Housing Law Online
Get your questions answered concerning federal Fair Housing Law and regulations.

 

Federal Fair Housing Act of 1968, as amended in 1988
HUD has played a lead role in administering the Fair Housing Act since its adoption in 1968. The 1988 amendments, however, have greatly increased the Department’s enforcement role. First, the newly protected classes have proven significant sources of new complaints. Second, HUD’s expanded enforcement role took the Department beyond investigation and conciliation into the area of mandatory enforcement.

 

File a Fair Housing Complaint
Find out if you’ve been discriminated against and how to take action if you have been.

 

Protected Classes
Learn which classes are protected and which are not, and how the law protects individuals with disabilities and families with children.

 

Find information for other States