The Virginia Residential Landlord and Tenant Act: Basics for New Landlords

The Virginia Residential Landlord and Tenant Act is the state law that governs nearly every residential lease in Virginia, from a high-rise apartment to a single townhouse you rent out after a move. It sets the limits on deposits and fees, how and when you can enter, what repairs you owe, and the exact notices required before you can end a lease or file for possession. If you are a first-time landlord in Northern Virginia, these are the rules you need to know before you sign a lease. What follows is a practical overview, not legal advice; a Virginia real estate attorney can review your lease and situation.

Does the VRLTA apply to me?

Almost certainly. The act is found at Va. Code § 55.1-1200 et seq., and it states that it covers occupancy in all single-family and multifamily dwelling units in the Commonwealth. Years ago, some small owners of single-family homes could opt out of parts of the law. That is no longer the case, so an owner renting one house in Burke or one condo in Ballston is held to the same core standards as a large property manager.

There are narrow exceptions, such as hotel guests, certain institutional settings and occupancy by a buyer under a purchase contract. A stay in a hotel-type setting for more than 90 days, or under a written lease longer than 90 days, can bring a resident under the act. If your arrangement is unusual, get it reviewed.

The rules new landlords ask me about most

Topic	What the VRLTA generally requires
Application fee	No more than $50, plus actual third-party background or credit check costs
Security deposit	No more than two months’ periodic rent
Deposit return	Itemized statement and any refund within 45 days after the tenancy ends or the tenant vacates, whichever is later
Move-out inspection	Tenant must be told of the right to attend; if requested, the inspection happens within 72 hours of delivery of possession
Late fees	Only if the written lease provides for them, and no more than the lesser of 10% of the periodic rent or 10% of the remaining balance due
Routine maintenance entry	At least 72 hours’ notice for maintenance the tenant did not request; emergencies are an exception
No written lease	The tenancy still exists, with default terms set by the statute
Nonpayment of rent	Written pay-or-quit notice giving the tenant 14 days to pay before the lease can be terminated
Other lease violations	Written notice giving 21 days to fix a fixable breach, with termination on a date at least 30 days after the notice

Read the current text of each section before acting. The General Assembly revises this chapter frequently, often with changes that take effect July 1.

Before the lease: screening and paperwork

Screening is where fair housing and landlord-tenant law meet. Use written criteria, apply them the same way to every applicant, and remember that Virginia’s fair housing law includes source of funds as a protected class, so you cannot refuse an applicant because the rent will be paid with a housing voucher or other lawful assistance. I cover this in detail in tenant screening and fair housing.

At lease signing, Virginia requires landlords to offer a written lease and provide the Statement of Tenant Rights and Responsibilities developed by the Virginia Department of Housing and Community Development, with a signed acknowledgment. Other disclosures to have ready:

• The name and address of the owner or the person authorized to manage the property and receive notices.
• Any visible mold you know of in the unit at move-in.
• For homes built before 1978, the federal lead-based paint disclosure and the EPA pamphlet (see the EPA lead page).
• Any condo or HOA rules the tenant must follow, plus who handles amenity access, parking and move-in reservations.

During the lease: repairs, entry and communication

A landlord must keep the home fit and habitable, comply with building and housing codes that materially affect health and safety, and keep supplied systems such as heating, plumbing and electrical in good working order. In practical terms, budget for prompt repairs and have a plumber, HVAC technician and handyman lined up before your first tenant moves in.

For entry, give notice and keep a record. Emergencies such as an active leak are different, but routine visits should be scheduled. Tenants also have duties: keeping the unit clean and safe, not damaging it, and following the lease and community rules.

Ending a tenancy the right way

1. Use the correct written notice for the situation (nonpayment, a fixable breach, a non-fixable breach, or non-renewal under the lease terms).
2. Deliver it the way the lease and statute allow, and keep proof.
3. If the issue is not resolved, file an unlawful detainer in the General District Court for the city or county where the property is located.
4. Only a court order, enforced by the sheriff, can remove a tenant. Self-help, such as changing the locks, removing belongings or cutting off utilities, is prohibited and can expose you to damages.
5. After the tenant leaves, complete the move-out inspection and send the itemized deposit statement on time.

Retaliation is also prohibited. You cannot raise rent, reduce services or file for possession because a tenant complained to a government agency or asserted rights under the act.

What this looks like in practice: a worked example

This is an illustrative scenario, not a real client. An owner rents a townhouse for $3,000 a month with a $3,000 deposit. At move-out, the tenant owes nothing in rent, but there is a broken closet door ($250 to repair) and carpet stains beyond normal wear ($400 to clean professionally).

Item (illustrative)	Amount
Security deposit held	$3,000
Closet door repair	minus $250
Professional carpet stain treatment	minus $400
Refund due to tenant	$2,350
Deadline	Within 45 days, with a written itemized list

Notice what is not deducted: ordinary nail holes, light scuffs and normal carpet wear over a multi-year tenancy. Those are normal wear and tear. Photos and a written condition report at move-in are what make these numbers easy to defend.

If you are still deciding whether to rent or sell, my post on whether to sell or rent out your home lays out the trade-offs, and the landlords guide has more detail on the leasing process.

Common mistakes new landlords make

• Using an out-of-state lease template that conflicts with Virginia law.
• Charging an application fee above the cap or collecting a deposit above two months’ rent.
• Missing the 45-day deposit deadline or failing to itemize deductions.
• Entering for routine work without proper notice.
• Accepting partial rent after a pay-or-quit notice without understanding how that affects the case.
• Changing locks or removing belongings instead of going through court.
• Forgetting that the condo or HOA may have its own leasing rules, registration and move-in fees.

Frequently asked questions

What is the maximum security deposit in Virginia?

Two months’ periodic rent. The landlord must return the deposit, minus itemized lawful deductions, within 45 days after the tenancy ends or the tenant vacates, whichever is later.

How much notice does a landlord need to give before entering in Virginia?

For routine maintenance the tenant did not request, Virginia requires at least 72 hours’ notice. Emergencies are an exception, and other entry requires reasonable notice under the act.

Can a landlord in Virginia evict without going to court?

No. A landlord must obtain a court order through an unlawful detainer case, and only the sheriff can carry out the removal. Lockouts and utility shutoffs are prohibited.

Does the Virginia Residential Landlord and Tenant Act apply to someone renting out one house?

Yes. The act covers all single-family and multifamily rental units in Virginia, including a single home owned by an individual.