Tenant Screening and Fair Housing: A Landlord’s Guide for Virginia

The best tenant is one who pays on time, cares for the home and stays. Careful screening is how you find that person. But screening also has to follow fair housing law, which is stricter in Virginia than many landlords expect. This is general guidance; for specific questions, talk to a Virginia attorney.

Who is protected in Virginia

Federal law protects race, color, religion, national origin, sex, familial status and disability. Virginia adds source of funds, elderliness, sexual orientation, gender identity and military status. Source of funds means any lawful source of income, including housing vouchers.

Build written screening criteria

Criteria	Example standard	How to verify
Income	Gross monthly income of about 3 times the rent	Pay stubs, offer letters, bank statements
Rental history	No unpaid balances with prior landlords	Call prior landlords, not just the current one
Credit	A minimum score or no recent collections for rent	Credit report with the applicant’s consent
Identity	Valid photo ID for every adult	Match ID to the application
Occupancy	A reasonable number of occupants for the home	Apply the same standard to everyone

Here’s the income math. If rent is $2,500, a 3 times standard means $7,500 a month in gross income, or $90,000 a year, from all lawful sources combined. When an applicant uses a voucher, think carefully about how you apply an income test, since the voucher pays part of the rent. Ask an attorney how to apply your criteria lawfully.

Advertising: words to avoid

• “No Section 8” or “no vouchers”
• “Perfect for singles” or “ideal for a young professional”
• “No kids” or “adults only”
• “Must speak English”
• Any description of the ideal tenant instead of the home.

Describe the property instead: bedrooms, location, features, rent, pet policy and available date.

Common mistakes

• Accepting the first applicant without verifying anything.
• Waiving criteria for one applicant but not another.
• Refusing reasonable accommodations, such as an assistance animal for a person with a disability, even in a no-pet home.
• Keeping no written record of why an applicant was approved or denied.
• Asking about family plans, religion or national origin.

A simple screening process

1. Publish your criteria with the listing or hand them to every applicant.
2. Accept complete applications in the order received.
3. Run credit and background checks with written consent.
4. Verify income with documents, not just the application.
5. Call prior landlords and ask whether they would rent to the applicant again.
6. Approve the first applicant who meets your criteria, or explain in writing why an applicant was denied when required.

When you deny an application based on a credit report, federal law requires an adverse action notice that tells the applicant which reporting company you used. A good property manager or screening service will handle this for you.

Reasonable accommodations and modifications

Fair housing law requires landlords to make reasonable accommodations in rules and policies for people with disabilities. A common example is allowing an assistance animal in a home with a no-pet policy, usually without a pet fee. Tenants may also request reasonable modifications, such as grab bars. When a request comes in, respond promptly, keep the conversation respectful and ask only for the information the law allows. If you aren’t sure how to handle a request, get advice before you say no. Handling accommodations well protects your tenant and protects you. Document each request and your response in writing.

Frequently asked questions

Can I charge an application fee?

Yes, within the limits of Virginia law. Disclose it up front and charge every applicant the same way.

Can I deny someone for a past eviction?

You can consider rental history, but apply the standard consistently and look at the details and timing. When in doubt, ask an attorney.

Should I hire a manager to handle screening?

Many owners do. See How to Choose a Property Manager and Buying Your First Rental Property.