Virginia Landlord-Tenant Law: Complete 2026 Guide

Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Virginia-specific rules — security deposit deadlines, required disclosures, late fee limits, and eviction notice requirements — automatically enforced for every Virginia property.

Virginia's landlord-tenant relationship is governed by the Virginia Residential Landlord and Tenant Act (VRLTA), which applies to most residential rentals in the state. Here's everything you need to know.

Security deposits in Virginia

Key details:

• You must return the deposit (or an itemized list of deductions) within 45 days
• If you fail to return within 45 days, you may owe the tenant the full deposit plus attorney's fees
• Deductions must be reasonable and documented — keep receipts and photos
• The deposit must be held in a separate escrow account if required by the lease

Eviction process in Virginia

Virginia eviction follows a strict legal process. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.

Step 1: Serve proper notice

Step 2: File an unlawful detainer

If the tenant doesn't comply with the notice, file an unlawful detainer action in General District Court. Filing fee is approximately $50-$60.

Step 3: Court hearing

The court hearing is typically scheduled within 21-30 days of filing. Both parties can present their case.

Step 4: Writ of eviction

If the court rules in your favor, you receive a writ of eviction. The sheriff executes the writ, giving the tenant 72 hours to vacate.

Total timeline: Expect 30-60 days from notice to physical eviction in most cases.

Late fees in Virginia

Rent is due on the date specified in the lease. You cannot charge a late fee until the 5-day grace period has expired. The maximum late fee is 10% of the periodic rent — for $1,500 rent, that's $150 maximum.

Required disclosures in Virginia

Virginia landlords must disclose the following before or at lease signing:

1. Move-in inspection report — written report of the unit's condition
2. Lead paint disclosure — for properties built before 1978 (federal requirement)
3. Mold disclosure — if the landlord knows of visible mold
4. Defective drywall disclosure — if applicable
5. Military air installation disclosure — if the property is near a military base
6. Dam break inundation zone — if applicable
7. Landlord's name and address — or authorized agent's information
8. Written lease — VRLTA requires written rental agreements for tenancies over 1 year

Maintenance obligations

Landlord must:

• Maintain the property in habitable condition
• Comply with all building and housing codes
• Keep all systems in good working order (plumbing, heating, electrical, AC, appliances)
• Provide running water and reasonable heat
• Maintain common areas
• Provide working smoke detectors and carbon monoxide detectors
• Make repairs within a reasonable time after notice

Tenant must:

• Keep the unit clean and sanitary
• Use appliances and systems reasonably
• Not damage the property
• Not disturb neighbors
• Comply with all building and housing codes
• Notify the landlord of needed repairs promptly

Rent increase rules in Virginia

• 30 days written notice required for month-to-month tenancies
• No rent control — Virginia prohibits local rent control ordinances statewide
• Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
• Cannot raise rent in retaliation for tenant exercising legal rights

Tenant rights in Virginia

Tenants in Virginia have the right to:

• Habitable housing — landlord must maintain the property
• Privacy — landlord must give 24-hour notice before entering (except emergencies)
• Withhold rent — if the landlord fails to make essential repairs (after proper notice)
• Repair and deduct — for repairs under $1,500 or one month's rent (after proper notice)
• Protection from retaliation — landlord cannot evict, raise rent, or decrease services in response to complaints
• Domestic violence protections — victims can terminate leases early with proper documentation

How Tenby helps Virginia landlords

Tenby's compliance engine handles Virginia-specific requirements automatically:

• 45-day deposit return tracking with countdown alerts
• 5-day grace period enforcement for late fees
• 10% late fee cap automatically applied
• Required disclosure checklist at lease creation
• Move-in inspection workflow with photo documentation
• 30-day rent increase notice tracking
• Eviction timeline guidance with proper notice generation

The bottom line

Virginia is a moderately landlord-friendly state with clear, well-defined rules. The key requirements to remember: 2-month max deposit, 45-day return deadline, 5-day grace period, 10% late fee cap, and 24-hour notice before entry. Follow the VRLTA, document everything, and you'll avoid most legal issues.