A landlord in Arlington holds a $3,200 deposit plus a $500 pet deposit on a $1,600/month two-bedroom, returns $0 on day 51 with a “damages and cleaning, $3,700” line in a typed letter, and discovers in General District Court that § 55.1-1226 caps the deposit (pet deposit included) at two months — $3,200, not $3,700 — and that the 45-day return clock blew past on day 45. The deductions might have been defensible. The all-in $3,700 collection and the missed clock were not. The judgment, with statutory attorney fees under § 55.1-1226(F), lands at $5,200 plus the PM’s own counsel.
A Virginia Beach investor lists an oceanfront single-family for the summer on Airbnb without filing a Conditional Use Permit because “Virginia Beach is open to STRs.” Within five weeks the city sends a stop-rental order, a $1,000 administrative fine, and a notice that the property sits outside the Sandbridge Special Service District and outside the STR overlay districts, which means a CUP was required — and CUPs in non-overlay districts have been off the table for new applicants since the 2021 ordinance overhaul. The pro forma assumed $72,000 in summer STR revenue. The actual number is zero, and the next-best use is a long-term lease at half the income.
A Richmond property manager files unlawful detainer eight days after serving a 5-day pay-or-quit notice on July 3, 2026, and discovers at the first return day that HB 15 / SB 48 expanded the notice period to 14 days effective July 1. The notice is procedurally defective. The case is dismissed. The PM re-serves a 14-day notice, waits, refiles, and loses 21 more days of rent — on a tenant who hasn’t paid since May.
These are the three flavors of expensive Virginia landlord mistakes: deposit math missed at the start, city ordinances ignored in the middle, and statutory windows blown by a day at the end. This guide is the reference for avoiding them. It covers the Virginia Residential Landlord and Tenant Act, the rewritten self-help damages, the General District Court unlawful detainer procedure, the city-by-city STR ordinances, the Hampton Roads coastal insurance reality through VPIA, and the handful of Virginia-specific quirks that nobody warns you about until you’ve already paid for the lesson.
State guide · 2026 edition · ~20 min readThis is a practical reference, not legal advice. Statutes change. Local ordinances vary. Before you rely on any rule here for an actual filing, confirm the current text at law.lis.virginia.gov and run material decisions past a Virginia-licensed attorney.
The framework: the Virginia Residential Landlord and Tenant Act
Virginia governs residential leases through the Virginia Residential Landlord and Tenant Act (“VRLTA”), codified at Title 55.1, Chapter 12 of the Code of Virginia (§§ 55.1-1200 through 55.1-1262). The chapter is the product of a major 2019 recodification that renumbered the act from the legacy § 55-248.x range; if you read a lease, a notice, or a case opinion that cites the old numbering, the substance usually transfers but the section number won’t match the current code. Always look up the current section at law.lis.virginia.gov.
The VRLTA applies statewide and cannot be overridden by local ordinance (§ 55.1-1201(A)). Virginia is a Dillon Rule state — localities have only the authority the General Assembly grants them — so cities cannot enact rent control, just-cause-eviction frameworks, or deposit caps below the statewide ceiling. Practical exclusions from the VRLTA under § 55.1-1201(C):
| Excluded from the VRLTA | What it means in practice |
|---|---|
| Institutional residences (medical, geriatric, educational, religious, detention) | Separate frameworks |
| Hotels, motels, extended-stay rentals | Innkeeper statutes — unless primary residence > 90 days or written lease > 90 days |
| Fraternal/social organization member-occupants | Internal organizational governance |
| Condominium / cooperative proprietary-lease holders | Condominium Act, Chapter 19 |
| Campgrounds (§ 35.1-1) | Campground statutes |
| Tenancies with no rent | Bare permission, license, family arrangement |
| Employee-occupants tied to employment | Until 60 days after employment ends |
| Sale-contract purchasers / successors | Real estate contract framework |
| Recovery residences (§ 37.2-431.1) | Specific recovery-housing chapter |
For the few residential tenancies that fall outside Chapter 12, Title 55.1, Chapter 14 (§§ 55.1-1400 et seq.) picks up the procedural defaults. In practice, almost every typical Virginia residential lease in 2026 falls under the VRLTA.
Statutory map worth bookmarking:
- § 55.1-1200: Definitions
- § 55.1-1203: Application fees (cap and refund rules)
- § 55.1-1204: Required and prohibited lease provisions, late fees
- § 55.1-1214: Move-in condition report
- § 55.1-1215: Mold disclosure
- § 55.1-1216: Landlord identification disclosure
- § 55.1-1217: Military air installation disclosure
- § 55.1-1218: Defective drywall disclosure
- § 55.1-1219: Methamphetamine contamination disclosure
- § 55.1-1220: Landlord’s duty to maintain fit premises (habitability)
- § 55.1-1226: Security deposit cap, return clock, penalty
- § 55.1-1229: Right of entry
- § 55.1-1236: Early termination by abuse / trafficking victims
- § 55.1-1240: Casualty damage termination
- § 55.1-1243.1: Self-help eviction damages ($5,000 / 4-month floor)
- § 55.1-1244: Tenant assertion and rent escrow
- § 55.1-1244.1: Repair-and-deduct ($1,500 / one month)
- § 55.1-1245: Landlord remedies and notices (pay-or-quit / cure / quit)
- § 55.1-1253: Periodic tenancy termination notice
- § 55.1-1258: Retaliatory conduct prohibited
Bookmark law.lis.virginia.gov/vacode/title55.1/chapter12. Read the section before you act on what a summary says — the VRLTA has been amended every General Assembly session since 2020, and what was true in March can move by July.
Security deposits: § 55.1-1226
Virginia’s security-deposit statute is short, strict, and routinely misread. The penalty for procedural failure is forfeiture of the right to retain plus actual damages and attorney fees. The rules are not complicated, but they are not optional.
How much you can collect (§ 55.1-1226(A))
Virginia caps the deposit at two months of periodic rent — and the cap is all-inclusive. A “pet deposit” is part of the security deposit for cap purposes. There is no separate carve-out the way some states permit.
| Periodic rent | Maximum total deposit (security + pet, combined) |
|---|---|
| $1,200 | $2,400 |
| $1,800 | $3,600 |
| $2,500 | $5,000 |
| $4,000 | $8,000 |
A nonrefundable pet fee structured as a flat charge (not as a deposit) is technically distinguishable, but the safer reading — and the one Virginia trial courts apply in practice — is to fit anything labeled “deposit” inside the two-month cap. Charge above the cap and the overage is recoverable on its face.
Where you hold it
Virginia does not require deposits to be held in a separate trust account at the state level. (Contrast this with North Carolina, which voids any operating-account commingling under § 42-50.) The functional discipline is still trust-style: keep deposits identifiable per tenant, never spend them on operating expenses, and reconcile monthly. Brokers who hold rentals for others are separately bound to trust-account rules under VREB regulations — see Property management licensing.
The 45-day clock (§ 55.1-1226(A))
The landlord must deliver the deposit, less itemized damages, within 45 days after termination of the tenancy and delivery of possession. The clock runs from the later of those two events.
There is no statutory extension for “damages we couldn’t determine within 45 days.” If you cannot complete the deduction analysis in time, you return the full deposit with a placeholder accounting and pursue damages through a separate small-claims action — you do not unilaterally extend the clock.
Itemization that holds up
The line that loses cases is “cleaning and damages, $X.” The line that wins is:
“Carpet replacement, master bedroom (urine stains, photographs attached), $620, invoice from XYZ Flooring dated 2026-04-12 attached. Drywall repair, hallway (7 anchor holes 2”+ in diameter), $185, contractor receipt attached. Trash removal, garage (left-behind couch and box spring), $145, hauler invoice attached. Re-key (tenant did not return all 3 keys), $95.”
Virginia tenants have a statutory right to be present at the final inspection if they request it within a reasonable period before termination, and the inspection must occur within 72 hours of possession delivery. A landlord who skips the inspection or refuses tenant presence loses an evidence battle they could have won with a five-minute walk-through and a phone camera.
For the structure of an itemization that survives challenge, see itemize deposit deductions and the deposit deduction letter template.
Penalty: forfeiture + actual damages + attorney fees (§ 55.1-1226(F))
Two distinct exposures:
Willful noncompliance. A landlord who willfully fails to comply with the security-deposit requirements is liable for actual damages, plus reasonable attorney fees. “Willful” includes missing the 45-day deadline without a good-faith excuse, returning nothing without itemization, and charging above the two-month cap.
Attorney-fee shifting. § 55.1-1234 generally allows attorney fees to a prevailing party in VRLTA actions. The tenant who pleads a § 55.1-1226 violation and prevails recovers attorney fees on top of the deposit and any actual damages. Virginia does not impose treble damages on deposit violations (unlike NC’s UDTPA framework) — but the attorney-fee award alone routinely runs $2,500–$7,500 in a contested GDC case.
Math on a typical Northern Virginia mistake:
- Two-month cap on $1,600/month rent: $3,200
- Landlord collected: $3,700 ($3,200 security + $500 pet)
- Return delivered: day 51, no itemization
- § 55.1-1226 actual damages: $3,700 returned (full deposit forfeited; cap overage already on top)
- Attorney fees: $3,500
- Court costs: $250
- Total exposure: ~$7,450 on a $3,700 deposit that could have been retained in full with a clean itemization and a day-44 mailing.
The deduction analysis is rarely the part that goes wrong. The cap math at signing, the 45-day clock at the end, and the itemization in the middle are.
Interest on deposits
Virginia eliminated the deposit-interest requirement in 2014. Pre-2014 leases sometimes still reference an interest accrual at the Federal Reserve discount rate minus 1%; ignore the legacy language and confirm against the current statute. Interest is permitted by agreement but not required.
Records retention
Landlord must keep itemization records and supporting documents for at least two years, and the tenant has the right to inspect during business hours. Build the file like you’ll be asked for it — because in any contested deposit case, you will be.
If you want a structured, defensible deduction worksheet specifically built around the Virginia 45-day clock and the § 55.1-1226 attorney-fee exposure, the Move-Out Checkout flow’s Deposit Packet is built for this exact case.
For the multi-state perspective, see the state-by-state security deposit overview.
Required disclosures at lease signing
Virginia has more mandatory disclosures than most landlords realize, and several of them are unique to the state’s military and construction history.
Move-in condition report (§ 55.1-1214)
Within five days of occupancy, the landlord must provide a written report itemizing the condition of the unit. The tenant has five days to object in writing. The report — together with photographs at move-in — is the evidence that frames every deposit dispute at the other end of the tenancy. Do not skip it. The move-in walkthrough 47-item checklist is the structure to copy.
Mold disclosure (§ 55.1-1215)
The move-in report must address visible mold. If visible mold is disclosed, the tenant may decline possession or proceed with occupancy; if the tenant takes possession, the landlord must remediate within five business days and reinspect. Refusal to remediate after a disclosed mold condition is a habitability violation that triggers § 55.1-1244 tenant assertion exposure.
For tactical guidance on mold notices and the documentation that defends against habitability claims, see the mold response and documentation playbook.
Landlord identification (§ 55.1-1216)
Before tenancy begins, the landlord must give the tenant the name and address of the property manager and the owner (or owner’s agent for service). Sale of the property triggers a fresh disclosure under § 55.1-1216 with the new owner’s information.
Military air installation disclosure (§ 55.1-1217) — Virginia-specific
This is the disclosure most national lease templates miss. In jurisdictions hosting major military airfields, the landlord must disclose whether the property sits inside a Noise Zone or Accident Potential Zone defined by the local zoning map. The disclosure must specify the exact zone designation.
Applicable jurisdictions in Virginia:
- Virginia Beach — NAS Oceana / Naval Auxiliary Landing Field Fentress
- Newport News / Hampton — Joint Base Langley-Eustis
- Prince William / Stafford — Marine Corps Base Quantico
- Fairfax County — Fort Belvoir
- Chesapeake / Norfolk — proximity to multiple Navy facilities
Nondisclosure remedy: The tenant may terminate the lease by certified mail within the first 30 days of occupancy. This is the exclusive remedy for nondisclosure — the tenant cannot stay, withhold rent, and sue under § 55.1-1217. But the right to walk away inside the first 30 days, no questions asked, is itself enough to make this disclosure load-bearing on every Hampton Roads, Prince William, and Fairfax-County lease.
Defective drywall (§ 55.1-1218)
If the landlord has actual knowledge of unremedied “Chinese drywall” (the imported sulfur-emitting drywall installed in some construction during 2001–2008), written disclosure is required before lease signing. The tenant may terminate within 60 days of discovery if not disclosed. This is largely a Virginia coastal / Mid-Atlantic issue — most affected properties are in Virginia Beach, Norfolk, Newport News, and Hampton. Tidewater inspection reports flag suspected installations.
Methamphetamine contamination (§ 55.1-1219)
If the landlord has actual knowledge that the unit was used to manufacture meth and the property was not cleaned per § 32.1-11.7 protocols, disclosure is required. Tenant may terminate within 60 days of discovery.
Ratio Utility Billing System (§ 55.1-1212)
If utilities are allocated to tenants on a RUBS basis (square footage, occupancy, bedroom count), the allocation method must be clearly stated in the lease, and the tenant has the right to inspect the records. Submetering separately is permitted under § 56-245.3 with PUC-approved meters.
Federal lead-based paint (pre-1978 housing)
24 CFR Part 35 / 40 CFR Part 745:
- Provide the EPA pamphlet “Protect Your Family From Lead in Your Home”
- Disclose any known lead-based paint or hazards
- Attach the federal disclosure form to the lease (and get tenant signature)
- Retain records for 3 years
Virginia has substantial pre-1978 housing stock in older neighborhoods of Richmond (Church Hill, Jackson Ward, Fan, Museum District), Norfolk (Ghent, Park Place, Colonial Place), Roanoke (Old Southwest, Wasena), Lynchburg (Diamond Hill), Charlottesville (10th & Page, Belmont, Fifeville), and Alexandria (Old Town, Del Ray). Penalties run up to $19,507 per violation (HUD/EPA-indexed) plus triple damages in private actions.
2025 first-page-fee disclosure (HB 2430)
Effective July 1, 2025, every applicable rental fee must be itemized on the first page of the lease, together with the statutory statement about possible additional charges. Burying late fees, pet rent, or admin fees on page 17 is no longer enforceable. Audit every lease template you’re still using from 2024 or earlier.
Rent, late fees, NSF, and application fees
Due date
Set by the lease. Virginia does not impose a statutory due date.
Grace period (§ 55.1-1204(C)(4))
A late fee may not be charged until rent is unpaid for more than five days from the due date. If rent is due on the 1st, the earliest a late fee can attach is the 6th. The 5-day grace is statutory — a lease cannot shorten it.
Late fee cap (§ 55.1-1204(E))
The maximum late fee is the lesser of 10% of the periodic rent or 10% of the remaining balance due. The fee must be specifically authorized in the written lease — a silent lease produces no late-fee right.
| Periodic rent | Maximum late fee |
|---|---|
| $1,200 | $120 |
| $1,800 | $180 |
| $2,500 | $250 |
| $4,000 | $400 |
A late fee may only be charged once for each late payment. Stacking (“$50 late + $10/day after”) is unenforceable above the 10% cap.
Application fees (§ 55.1-1203) — among the lowest caps in the country
Virginia caps the application fee at $50 for market-rate units and $32 for public-housing / HUD-regulated units. The cap excludes actual third-party out-of-pocket costs for background and credit checks — if a Transunion / RentPrep / Experian report costs you $32, you may pass that through as a documented pass-through fee, separately disclosed.
Application deposit refund: If a landlord rejects an applicant or fails to rent the unit, any application deposit (separate from the application fee) must be refunded within 20 days of rejection. If paid by cash, certified check, cashier’s check, or money order, the refund clock is 10 days.
Wrongful withholding: The applicant recovers the withheld amount plus reasonable attorney fees.
NSF / returned-payment fees
Permitted but separate from late fees; must be disclosed in the lease. A worthless-check civil claim under § 8.01-27.1 / 18.2-181 may recover the face amount plus statutory damages, if proper demand is made.
2025 — no payment-processing fees unless alternative offered (HB 2218 / SB 1356)
Effective July 1, 2025: a landlord may not charge a processing fee on rent or security-deposit payments unless an alternative, no-fee payment method is offered. A receipt is required for any cash or money-order payment. Online-only payment platforms that charge a 2.5–3% credit card surcharge must offer an ACH or check option at no fee.
Rent control: preempted statewide
Virginia is a Dillon Rule state, and rent control is not within the powers granted to localities under § 15.2-2800 and related provisions. The 2026 General Assembly rejected rent-stabilization bills again — Richmond-backed measures failed in committee in both chambers. Don’t budget for rent-stabilization risk in Virginia.
Raising rent
- Fixed-term lease: No mid-term increase unless the lease expressly allows it. Wait until renewal.
- Month-to-month (small landlords ≤ 4 units): 30 days’ written notice under § 55.1-1253.
- Month-to-month (landlords > 4 units, post-July 2025): 60 days’ written notice under HB 1867 / SB 1043. This is a 2025 change — many large-portfolio operators are still running on the legacy 30-day timeline and getting renewal cycles stuck.
The 60-day notice rule applies not only to nonrenewal of a fixed-term lease but to changes in material terms (including rent increases above a de minimis amount). Read the bill text before applying.
The § 55.1-1245 notice framework
Nonpayment of rent — the July 1, 2026 expansion (§ 55.1-1245(F))
This is the single most important Virginia change in 2026. HB 15 / SB 48 (signed by the Governor in the 2026 session) extends the pay-or-quit notice for nonpayment from 5 days to 14 days, effective July 1, 2026.
| Period | Notice required before filing unlawful detainer |
|---|---|
| Through June 30, 2026 | 5-day written pay-or-quit |
| On or after July 1, 2026 | 14-day written pay-or-quit |
Every form notice, every lease attachment, every SOP, every property-management software template that references “5 days” needs to be updated this summer. A 5-day notice served July 2 produces a procedurally defective unlawful detainer that gets dismissed on the first return day, costs you the filing fee, and resets the clock by at least two weeks.
The cure terms remain the same: the tenant must pay the past-due rent (and any contractually authorized late fees) before the notice period expires to defeat the action. The tenant may only cure with cash, cashier’s or certified check, or completed EFT — landlords are not required to accept post-notice partial payments.
Material noncompliance — curable (§ 55.1-1245(A))
For curable breaches of the lease (unauthorized pets, occupancy violations, alteration without consent, smoking violations in non-smoking units, etc.):
- 21 days to cure
- If not cured, lease terminates at day 30
- Notice must state both the 21-day cure window and the 30-day termination date
A second similar breach within six months may be addressed with a non-curable 30-day notice under § 55.1-1245(C).
Nonremediable breach (§ 55.1-1245(C))
For breaches that cannot be cured (criminal conduct, willful damage, intentional misrepresentation on the application):
- 30-day notice of termination
- No cure right
Criminal / willful health-safety acts (§ 55.1-1245(D))
For acts involving immediate threat to health or safety — including criminal acts, drug-related criminal activity, and willful threats to other tenants:
- Immediate termination permitted
- Court hearing within 15 days
- Trial within 30 days
Periodic tenancy termination (§ 55.1-1253)
| Tenancy | Notice required |
|---|---|
| Month-to-month (small landlord ≤ 4 units) | 30 days written |
| Month-to-month (large landlord > 4 units, post-7/1/2025) | 60 days written (HB 1867 / SB 1043) |
| Week-to-week | 7 days written |
Service of notices
Virginia does not dictate a single notice format, but in practice:
- Written, dated, signed
- Specific statute cited (e.g., “Notice under § 55.1-1245(F)“)
- Specific amount due and cure deadline (for pay-or-quit)
- Specific conduct described (for material noncompliance)
- Personal service preferred; posted-and-mailed permitted if personal service has failed
Personal service is the cheap defense against “I never got the notice.” Document the date, the manner, and the recipient. Certified mail with return receipt is the next-best alternative when personal service is impractical.
Unlawful detainer in General District Court
Virginia’s unlawful detainer procedure is fast by national standards and runs in General District Court (“GDC”) — not a separate housing court. The procedural rules live in §§ 8.01-126 through 8.01-130.01 of the Code of Virginia.
Step-by-step
- Serve the required pre-filing notice (5-day or, after July 1, 2026, 14-day pay-or-quit under § 55.1-1245(F); 21/30 cure-or-quit under § 55.1-1245(A); 30-day non-curable under § 55.1-1245(C)).
- Wait out the notice period. Filing on day 5 of a 14-day notice is procedurally defective.
- File the Summons for Unlawful Detainer (Form DC-421) in the GDC for the city or county where the property is located. Filing fee is approximately $58–$62 (varies by locality and by the number of defendants served by sheriff).
- Service at least 10 days before the return day (§ 8.01-126). Service is typically by sheriff; private process server permitted with prior court approval in some localities.
- First return day — typically set as soon as practicable but not more than 21 days from filing (max 30 days). Some emergency single-family no-rental-agreement cases qualify for a 14-day expedited return after a 72-hour notice to vacate.
- Return day hearing. If the tenant does not appear or admits the claim, the court enters default judgment for possession and any money sought. If the tenant contests, the court sets a trial date — usually within 30 days of the return day.
- Trial. Bring the lease, the rent ledger, the pre-filing notice with proof of service, any prior notices for breach, photographs and dated communication, and any witnesses. Most contested unlawful detainers turn on either (a) defective notice service or (b) habitability counterclaims under § 55.1-1244.
- Order of possession. Valid for 180 days from court grant.
- 10-day appeal window (§ 8.01-129). Either party may appeal to Circuit Court within 10 days of judgment. Appeal is de novo — a fresh trial, not a record review. The tenant must post a bond covering accrued rent plus up to one year’s future rent plus up to three months’ damages. The sheriff cannot execute the writ during the 10-day appeal period.
- Writ of eviction (§ 8.01-470). After the appeal window closes (or the appeal is resolved), the landlord requests the writ from the clerk. The sheriff must execute the writ within 15 days of receipt (max 30 from issuance). The sheriff must give 72 hours’ written notice of intent to execute to the tenant, served personally or posted on the main door, with a copy of the writ.
- Sheriff executes — padlock day. Only the sheriff puts the locks on. The tenant has the right to remove personal property at the time of execution; abandonment of property after that is governed by § 55.1-1249.
Timeline reality
The widget below shows the statutory timeline for the most common scenarios, including the pre- and post-July-2026 nonpayment notice change. Real cases vary by GDC docket — Fairfax, Arlington, Loudoun, Henrico, Chesterfield, Norfolk, Virginia Beach, and Richmond dockets run heavier than rural counties, often adding 1–3 weeks for trial scheduling and writ execution.
Costs and recovery
Even an uncontested Virginia nonpayment unlawful detainer typically costs the landlord between $200 and $700 out of pocket ($58–$62 filing + sheriff service + writ + sheriff execution fee), recovers against a money judgment that is collectible in the 5–15% range, and consumes 4–8 hours of landlord time. Add two weeks of additional rent risk for nonpayment cases filed after July 1, 2026 under the new 14-day notice — the change pushes uncontested timelines from roughly 30 days to roughly 45 days end-to-end.
Eviction Diversion Program (HB 1623 / SB 830, 2025)
Made permanent statewide by the 2025 General Assembly (the 2025 sunset was removed). The program lets tenants enter a court-ordered payment plan in unlawful detainer cases for nonpayment, deferring the writ in exchange for compliance with the payment schedule. Participation is largely tenant-initiated but landlords should understand the mechanic — a tenant who proposes a Diversion plan on the return day can delay possession by 6–9 months if they comply.
Eviction record expungement (§ 8.01-130.01)
Tenant-favorable judgments, dismissals (after 30 days), and non-suits (after 6 months) qualify for expungement. The broader Virginia record-sealing law takes effect July 1, 2026 and pulls additional categories of unlawful-detainer dispositions into automatic sealing. For 2026 lessor screening, expungement means an “absence of judgment” in tenant background reports does not always mean “no prior eviction filing” — verify directly against the GDC docket.
For a structured walkthrough of the documentation that survives both the return day and the Circuit Court appeal, see paper trail for eviction and document a lease violation properly.
Self-help eviction: § 55.1-1243.1
Virginia’s self-help eviction prohibition is one of the harshest in the country, and it was rewritten in 2021 to make it harsher still. The legacy § 55.1-1243 was repealed; the operative section is now § 55.1-1243.1.
What’s prohibited
A landlord may not, willfully and without court authority:
- Exclude the tenant from the premises
- Interrupt essential services (water, heat, electricity, gas)
- Take any action that renders the premises unsafe
This covers changing locks, removing doors or windows, shutting off utilities the landlord pays, removing the tenant’s personal property, or any constructive eviction by intolerable conditions designed to force the tenant out.
Damages
Statutory damages are a floor of $5,000 OR four months’ rent (whichever is greater), plus:
- Actual damages — hotel costs, moving expenses, replacement-unit deposits, lost property, rent differential
- Reasonable attorney fees
- Return of the security deposit if the tenancy terminated as a result
- Specific performance — the tenant gets the unit back, locks restored, services turned back on, damage repaired
Ex parte injunctive relief
The court may issue an ex parte preliminary order on good cause — service is given but the tenant doesn’t need to appear before the order issues — restoring possession and services immediately. An initial hearing follows within 5 calendar days, with a full hearing within 10 days thereafter.
Math on a $2,000/month Northern Virginia unit, lockout for 11 days:
- $5,000 / 4 months’ rent floor — the greater = $8,000
- Hotel for 11 days at $160/night: $1,760
- Moving costs: $900
- Replacement-unit deposit: $2,000
- Lost / damaged property: $600
- Subtotal actual damages: $5,260
- Total compensatory exposure: $13,260
- Attorney fees: $4,000–$10,000
- Total exposure: $17,000–$23,000+ on a single lockout incident, plus the tenant is back in the unit
There is no version of “but they hadn’t paid in three months” that justifies self-help eviction in Virginia. The court order is the only legal way to remove a residential tenant, and the sheriff is the only person who can change the locks. Build that into your operations manual and your vendor contracts (a maintenance tech who changes locks on landlord instruction makes the landlord liable, not the tech).
Right of entry: § 55.1-1229
Virginia regulates landlord entry through § 55.1-1229.
- Routine maintenance (not tenant-requested): 72 hours’ written notice required
- Emergencies: no notice — fire, flood, gas leak, alarm, conditions threatening immediate safety
- Showings to prospective purchasers, mortgagees, contractors, prospective tenants: permitted at reasonable times with reasonable notice; the tenant may not unreasonably withhold consent
- Tenant-requested entry (repair calls): the request itself authorizes entry, no separate notice required
- Temporary relocation: if non-emergency conditions require tenant vacancy, 30-day written notice, with the relocation limited to 30 days
A tenant who unreasonably withholds entry for a permitted purpose exposes themselves to landlord recovery of damages and reasonable attorney fees under § 55.1-1229(E). But a landlord who enters without notice for non-emergency reasons exposes themselves to a quiet-enjoyment / constructive-eviction claim. Build 72-hour notice into the standard SOP and stick to it.
Habitability and the tenant assertion (§ 55.1-1220, § 55.1-1244)
The landlord’s affirmative duties under § 55.1-1220(A):
- Comply with building and housing codes materially affecting health and safety
- Make repairs to keep the premises fit and habitable
- Maintain common areas in a safe condition
- Maintain in good and safe working order all electrical, plumbing, sanitary, HVAC, and other facilities and appliances supplied
- Prevent moisture accumulation and mold growth; remediate visible mold
- Provide and maintain waste receptacles and arrange for removal
- Supply running water and reasonable hot water at all times, reasonable air conditioning if provided, and heat in season
- Provide annual certification that smoke alarms are present, inspected, and operational
The duties are non-waivable — a lease clause saying “tenant accepts the premises as-is and waives all habitability claims” is unenforceable under § 55.1-1209.
Standard of care — limited tort exposure (Isbell)
The Supreme Court of Virginia held in Isbell v. Commercial Investment Associates, Inc., 273 Va. 605 (2007), that the VRLTA does not impose tort liability on landlords for negligence in maintaining premises — the landlord’s duties under the statute are contractual, not tort-based. Practical consequence: a tenant who suffers personal injury due to a poorly-maintained unit must sue under common-law negligence (and must establish the elements separately), not as a direct VRLTA claim. Isbell is one of the most landlord-favorable habitability decisions in any state and continues to be cited two decades later.
Tenant’s assertion and rent escrow (§ 55.1-1244)
This is the procedural mechanism through which most contested habitability cases run.
- The tenant files a Tenant’s Assertion (Form DC-429) in GDC asserting material noncompliance affecting heat, hot/cold water, light, electricity, sewage, rodent infestation, or lead paint.
- The tenant must pay rent into the court’s escrow account within 5 days of due date — failure to escrow ends the assertion.
- The statute creates a 30-day rebuttable presumption that the landlord’s delay in remediation is unreasonable.
- Initial hearing is set within 15 calendar days (earlier for emergencies).
- The court can: terminate the lease, abate rent, disburse escrow to a contractor for repairs, award attorney fees.
- Six-month escrow rule: If the condition is not remedied within six months and the court finds no reasonable attempt at remediation, the court awards the entire escrow to the tenant.
For landlords, the tenant assertion is both a defensive tool and an offensive one — if a tenant has stopped paying rent citing habitability, a quick motion to compel the assertion procedure forces them to either escrow or abandon the claim.
Repair-and-deduct (§ 55.1-1244.1)
For specific health and safety conditions, after 14 days’ written notice to the landlord without commencement of repair, the tenant may contract with a licensed contractor and deduct from rent up to $1,500 or one month’s rent (whichever is greater). The condition must materially affect health and safety.
Essential services (§ 55.1-1234, § 55.1-1244)
The tenant may give 14-day written notice and either terminate the lease, obtain substitute services and deduct the cost, or pursue rent abatement and damages.
Documentation discipline
The defense against most habitability claims is contemporaneous documentation: dated repair requests, vendor invoices, work order completion timestamps, photographs of pre- and post-repair conditions. For the discipline that produces that file, see document maintenance with photos and the rental maintenance documentation guide.
Retaliation: § 55.1-1258
Virginia’s retaliation statute is procedurally different from most other states’. There is no statutory time-based presumption window of the kind North Carolina, Oregon, or California impose. The burden of proving retaliatory intent rests squarely on the tenant under § 55.1-1258(B).
Protected tenant activity
A tenant engaging in any of the following is protected:
- Complaint to a governmental agency about a code violation affecting health or safety
- Complaint to or action against the landlord under the VRLTA
- Organizing or joining a tenant organization
- Testifying against the landlord in court
Prohibited landlord acts (§ 55.1-1258(A))
A landlord may not, in retaliation for protected activity:
- Increase rent
- Decrease services
- Bring or threaten an action for possession
- Cause the termination of the rental agreement
Carve-outs (§ 55.1-1258(C))
The retaliation prohibition does not apply where:
- Violations were caused by tenant negligence
- Tenant owes rent (the most-used carve-out)
- Compliance with the code requires alterations that prevent unit use
- Tenant violated health or safety terms of the lease
Market-rate rent increases and uniformly applied service reductions are not retaliation.
What this means in practice
Because there is no statutory presumption window, a Virginia landlord is on better footing than a NC or OR counterpart when the timing of an eviction filing follows close on a tenant complaint. The tenant still has to prove the landlord’s bad intent — temporal proximity alone is not enough.
That said, temporal proximity is still the most-litigated piece of evidence. The defense is the same as in any state: contemporaneously documented legitimate reasons that predate or exist independently of the protected activity. Rent ledgers, prior properly-noticed lease violations, planned non-renewal records, market-wide rent adjustments applied to multiple units — the file that wins the retaliation defense is built incident-by-incident, not assembled in a panic the week before trial.
For the discipline of building that kind of record, see document a lease violation properly and paper trail for eviction.
Fair housing and source of income
Federal protected classes
Fair Housing Act (42 U.S.C. § 3604): race, color, religion, sex (including sexual orientation and gender identity per HUD’s 2021 implementing memo following Bostock), national origin, disability, familial status.
Virginia protected classes (§ 36-96.3)
Virginia adds substantially to the federal floor. The current 2026 list:
- Race
- Color
- Religion
- National origin
- Sex
- Elderliness
- Familial status
- Source of funds / source of income (expanded 2020 to include Housing Choice Vouchers and nongovernment subsidies — HB 6 / SB 295)
- Disability
- Sexual orientation (added 2020 — Virginia Values Act)
- Gender identity (added 2020)
- Military status (added 2020)
- Pregnancy, childbirth, related medical conditions
Source of income — the biggest 2020 change
The 2020 amendment to § 36-96.3 made source of income, including Housing Choice Vouchers, a protected class statewide. The change effectively ended blanket “no Section 8” screening in Virginia.
What the protection does NOT mean:
- It does not mean you cannot screen voucher applicants
- It does not mean you must waive your income standards
- It does not override criminal-history, credit, or prior-eviction screening
What it does mean:
- You cannot reject an applicant because the rent comes from a voucher or other subsidy
- You may set bona fide income standards (typically 2x–3x rent), applied to the tenant’s portion only
- You must apply the same screening criteria — credit, criminal background, prior tenancy — to voucher and non-voucher applicants alike
- Marketing language that says “no vouchers” or “no Section 8” is a per se violation
Enforcement
The Virginia Fair Housing Office at the Department of Professional and Occupational Regulation (DPOR), 9960 Mayland Drive, Suite 400, Richmond, VA 23233 — phone 804-367-8530 — investigates complaints. The complaint window is 1 year from the alleged act. The Fair Housing Board reviews findings of investigation. HUD also retains federal jurisdiction.
Tenant screening compliance
- FCRA (15 U.S.C. § 1681 et seq.): written authorization required; adverse-action notice required when denying based on a consumer report; 7-year limit on most non-conviction information
- HUD criminal-history guidance: blanket bans are disparate-impact violations. Distinguish arrests (don’t use) from convictions. Apply individualized assessment.
- HB 1078 (2026): large landlords cannot deny housing solely on the basis of a dismissed eviction record (effective July 1, 2026)
- Application fees: capped at $50 / $32 under § 55.1-1203 (see Rent and fees)
The cleanest screening process is one set of objective written criteria applied to every applicant in the same order, with documented results — the same discipline that protects every other adverse decision in property management.
Short-term rentals by city
Virginia has no statewide STR ordinance — the rules are local, and they vary dramatically. § 15.2-983 authorizes localities to create STR registries. Effective December 31, 2023, localities may not require a special use permit for STR use of an owner’s primary residence — primary-residence STRs are protected by-right. Non-primary-residence (whole-house) STRs remain subject to local conditional use permits and zoning.
| City / County | Headline rule | Notes |
|---|---|---|
| Virginia Beach | CUP-only outside Sandbridge or STR Overlay Districts. Three eligible categories: (a) grandfathered pre-2021 CUPs, (b) Sandbridge Special Service District, (c) properties in a designated STR Overlay. | Sandbridge by-right with annual zoning permit. Non-overlay CUPs largely unavailable since 2021 ordinance overhaul. CUPs expire after 5 years; administrative renewal. Local lodging tax + state sales tax. Active enforcement with stop-rental orders since 2022. |
| Richmond | Primary residence only. 185-day rule. Biennial permit at $300; one STR per lot in residential zones. | Ordinance 2023-235 (Sept 25, 2023). Cap of 10 STR units or 1/3 of any multifamily building. Lodging tax 8%. Enforced through complaints and Airbnb data-sharing agreement. |
| Arlington County | Accessory Homestay only. Must be primary residence (185 days). No commercial events. | Permit + business license + Transient Occupancy Tax (TOT). Whole-house STRs not permitted in residential zones. |
| Alexandria | Permit required if rented > 10 days/year. Registry since 2018; expanded regulations March 2025. | Lodging tax 6.5% + state. Local enforcement is registry-driven; spot audits annually. |
| Norfolk | Zoning permit + business license. Primary-residence verification via driver’s license or voter registration. | Lodging tax 8%. Whole-house STRs permitted in some zones with permit. |
| Charlottesville | Homestay-style. Owner must occupy as permanent residence ≥ 185 days/year. | ~400 active STRs as of 2025; ordinance under revision in 2025–2026. Lodging tax 8%. |
| Loudoun County | Zoning permit required. Annual registration by July 1; $500/violation fine for non-registration. | Per § 15.2-983 post-Dec 2023, primary-residence STRs cannot be required to obtain CUP. Commercial whole-house STRs may require minor special exception in some districts. |
| Williamsburg | STR permit + periodic inspections + guest count limits. | Tourist-economy market; verify HOA / historic district overlay before listing. |
| Roanoke (City) | STRs prohibited in C-3, L, I-1, I-2 districts; permitted elsewhere with compliance. | Zoning permit + lodging tax. |
| Roanoke County | Special use permit required for lots under 5 acres. | Zoning Ordinance § 30-85-24.55. Mountain / Smith Mountain Lake STR market. |
| Fairfax County | STR permit required; primary-residence rule. | Highest enforcement scrutiny in NoVA outside Arlington / Alexandria. |
| Prince William County | STR registration required; zoning compliance. | Verify local subdivision HOA restrictions before listing — many NoVA HOAs ban STRs through declaration. |
Lodging / TOT taxes: Virginia has no statewide TOT; localities impose 5%–9% lodging tax, plus state sales tax (5.3–6%). 30+ day occupancy is exempt from TOT.
Effective January 1, 2026: If all sales are facilitated by an accommodations intermediary (Airbnb, VRBO, Booking.com) collecting and remitting locally, the owner need not file a separate TOT return — the owner submits an annual attestation to the locality.
Enforcement is real, not theoretical. Virginia Beach has issued multiple stop-rental orders since 2022 for non-overlay listings; Richmond enforces the 185-day rule using Airbnb data; Arlington and Alexandria use registry-driven audits. Operating without the right permit in any of these jurisdictions triggers fines, stop-rental orders, and sometimes permanent ineligibility for repeat violators.
Coastal insurance and the VPIA
Virginia Property Insurance Association (VPIA)
Virginia’s residual-market insurer of last resort is the VPIA, established 1968 under the federal Urban Property Protection and Reinsurance Act. It covers fire, lightning, windstorm, hail, explosion, riot, smoke, vandalism, and malicious mischief. Unlike North Carolina’s NCIUA Beach Plan or Florida’s Citizens, VPIA serves the residual function statewide rather than only in coastal counties.
Use the VPIA only after the standard admitted market declines the risk. Premiums are typically higher and coverage limits more conservative.
Hampton Roads and Eastern Shore specifics
The Tidewater region — Virginia Beach, Norfolk, Hampton, Newport News, Chesapeake, Suffolk, Portsmouth, Williamsburg, and the Eastern Shore — carries the highest hurricane wind exposure in the state.
- Wind/hail deductibles are typically percentage-based (1%–5% of dwelling coverage) rather than flat dollar amounts. On a $400,000 dwelling, a 5% wind deductible is $20,000 out-of-pocket before coverage applies.
- Named-storm deductibles are often separate from the all-other-perils deductible.
- Vacancy clauses: many landlord policies exclude coverage if the unit is vacant > 60 days — relevant for STR operators with shoulder-season gaps.
Flood (NFIP and private)
NFIP through FEMA. Standard residential coverage: $250,000 dwelling / $100,000 contents. Standard deductible $5,000 in Special Flood Hazard Areas.
- 30-day waiting period for new NFIP policies — you cannot buy mid-storm
- Risk Rating 2.0: FEMA’s restructured premium framework is still rolling out on a multi-year glide path. Some Virginia coastal owners are seeing 3–8× increases vs. legacy rates
- Private flood (Lloyd’s, Neptune, others): higher limits available, often required for higher-end coastal rentals
- Virginia Beach is a Community Rating System participant, producing a 15% NFIP premium discount in SFHAs
Landlord (DP-3) policy considerations
- Named-storm deductibles 2%–5% of dwelling limit in Hampton Roads markets
- Loss-of-rents / fair rental value coverage — critical for landlords
- Tenant renter’s insurance — increasingly common as a lease requirement on coastal Virginia properties; require the landlord as additional insured
For typical 2026 premium ranges, coastal Virginia landlords budget $1,500–$4,500/year for combined wind, flood, and dwelling on a moderate single-family rental — meaningfully higher in flood zones AE/VE and on barrier-island locations.
Hurricane prep and casualty
Virginia’s coast is exposed to Atlantic hurricane risk; the Piedmont catches inland tropical-system tail effects. The most consequential storms in recent memory:
- Hurricane Isabel (September 2003) — Category 2 at landfall, $1.85 billion in Virginia damage, 36 deaths, devastating Hampton Roads
- Hurricane Sandy (October 2012) — primarily Eastern Shore damage
- Hurricane Florence (2018) — Tidewater flooding
- Hurricane Michael (2018) — interior wind damage
- Tropical Storm Ophelia (2023) — Mid-Atlantic flooding
- Hurricane Helene (2024) — inland flooding extending to southwest Virginia
Casualty termination (§ 55.1-1240)
- Tenant may terminate by written notice if damage “substantially impairs” enjoyment or requires vacancy. Tenant must vacate and notify within 14 days of casualty.
- Landlord may terminate with 14-day written notice if the landlord determines damage substantially impairs use and requires tenant removal.
- Refunds: Security deposit and prepaid rent returned (with accrued interest if any) unless the landlord reasonably believes the tenant, occupant, or guest caused the damage.
- Rent prorated as of the casualty date.
2026 — coordination requirement (HB 834)
Effective July 1, 2026, landlords must coordinate with tenants after fire or casualty before terminating leases under § 55.1-1240. The bill imposes a written-notice-and-response procedure that runs ahead of unilateral termination.
Lease language for Virginia
Virginia lease templates should explicitly address:
- Mandatory evacuation orders by the governor
- Casualty termination procedure under § 55.1-1240
- Personal-property salvage in the post-storm window
- Refund mechanics for prepaid rent and deposit
Documentation discipline
Hurricane events produce three documentation moments that matter:
- Pre-storm condition — photographs and video of the property in pre-storm condition
- During the storm (if accessible) — boarded windows, items moved indoors, documented preparation
- Post-storm damage assessment — dated, photographed walkthrough immediately after the storm passes
These documentation moments support insurance claims, tenant disputes about habitability during repair, and any casualty-termination analysis. The same evidentiary standards apply as in the property documentation pillar.
HOA and condo issues
Virginia HOAs and condominium associations are governed by two parallel acts:
- Property Owners’ Association Act — Title 55.1, Chapter 18 (§§ 55.1-1800 through 55.1-1842)
- Condominium Act — Title 55.1, Chapter 19 (§§ 55.1-1900 et seq.)
Rental restrictions
A HOA may restrict or limit rentals — including STR restrictions, minimum-term requirements, and percentage caps — only if the restriction is expressly authorized in the recorded declaration (§ 55.1-1806). Board rules alone are insufficient.
Practical implications for rental investors:
- Review the CC&Rs before buying or signing on as PM
- STR bans by HOA are enforceable if properly recorded; many NoVA, Williamsburg, and Smith Mountain Lake HOAs have added them in 2022–2025
- Rental caps (e.g., 25% of units) are valid if in the declaration
- Minimum-term requirements (e.g., 30+ days) are valid if in the declaration
- Include an HOA-compliance covenant in your lease and attach the rules
- Build in indemnity for HOA fines caused by tenant conduct
Condominium overlay
Condominium associations follow Chapter 19 with parallel provisions for unit boundaries, common elements, assessments, and rental restrictions. Confirm whether the property is a condo (Chapter 19) or POA (Chapter 18) — many Virginia “townhome” properties are actually condominiums.
Manufactured home lot tenancies (Chapter 13)
If you rent the lot only in a manufactured home park (tenant owns the home), the Manufactured Home Lot Rental Act at Title 55.1, Chapter 13 (§§ 55.1-1300 to 55.1-1322) applies. If you rent both the lot and the home, the VRLTA applies.
Key Chapter 13 provisions:
Scope
Applies to manufactured home parks with 5 or more lots on a continuing, non-recreational basis. Smaller parks fall outside the act.
Notice of intent to sell or list the park (§ 55.1-1308.2)
The park owner must give 90 days’ written notice to each tenant and to the Virginia Department of Housing and Community Development (DHCD) before accepting an offer to sell or list. DHCD publishes the notice within 5 business days.
Notice of proposed sale (§ 55.1-1308.3)
60 days before closing, written notice must go to tenants and DHCD.
Service-disruption notice
48 hours’ written notice before any planned electric, water, or sewer interruption.
Closure / sale displacement
Extended notice (typically 180 days or more, depending on the basis) before a park may be closed or sold for non-rental use, with displacement protections for residents.
The Chapter 13 framework diverges from the VRLTA in several material ways, and the closure / sale rules are politically active. If you operate manufactured-home park real estate, read Chapter 13 directly.
Property management licensing (VREB)
Virginia regulates property management through the Virginia Real Estate Board (VREB) at the Department of Professional and Occupational Regulation (DPOR). The statutory framework is Title 54.1, Chapter 21 — specifically § 54.1-2106.1 (license required) and § 54.1-2135 (managing brokers).
When a broker license is required
A real estate broker license is required for any person who, for compensation, leases or offers to lease real estate for others.
Exemptions
- Property owner exemption: A property owner does not need a license to manage their own property
- Single-member LLC owning its own property: generally exempt while managing its own units
- Salaried-employee exemption: Salaried (not commissioned) employees of a property owner may show units, provide factual lease information, accept applications, deposits, and rent — no license needed
- The moment you manage real property owned by another entity for a fee, the broker license is required
License tiers
| Tier | Requirements |
|---|---|
| Salesperson | 60-hour pre-license course, pass exam, sponsored by a Virginia broker |
| Broker (full) | 180 hours total education (60 salesperson + 60 post-license + 60 broker), 36+ months experience as a Virginia salesperson, pass broker exam |
| Principal Broker | Required for any firm; supervises all licensees in the firm |
Trust account / escrow rules
Brokers must maintain separate escrow accounts in a federally insured financial institution. Commingling is prohibited. Records must be retained at least 3 years (transaction files, agency agreements, leases, escrow records). New VREB regulations effective April 1, 2026 modernized recordkeeping standards and continuing-education requirements.
Unlicensed activity
Managing rentals for others without a Virginia broker license is a violation of § 54.1-2106.1 and exposes the operator to civil penalties, restitution orders, and unenforceable management contracts.
Property tax
Virginia’s property tax framework is locality-based with no statewide real estate tax.
Real estate tax
Set by the city or county. Rates typically run $0.85–$1.20 per $100 of assessed value in metro areas, with substantial variance — Hampton Roads cities run higher than rural Southwest Virginia. Assessment cycles vary by locality (annual reassessment in some, every 4 years in others).
Land use / use-value taxation (§§ 58.1-3230 et seq.)
Agricultural, horticultural, forest, and open-space use values are available where adopted by locality. Rollback tax (up to 5 years of back taxes) is triggered by conversion to non-qualifying use. Relevant for rural rental investors with large parcels.
Personal property tax on rental appliances (§ 58.1-3504)
Per § 58.1-3504 and 23VAC10-210-840, residential rental household appliances (refrigerators, ranges, dishwashers, microwaves, disposals, dryers, A/C units) are deemed real-property fixtures and assessed as part of the real property — not separately taxed as personal property. This avoids the per-unit personal-property hassle that some other states impose on rental appliances.
Business tangible personal property tax
Landlords operating as a business (LLC, sole proprietorship holding rentals as a business) may owe locally-assessed business tangible personal property tax on furniture, computer equipment, vehicles used in the business, and other non-fixture tangible assets. Locality-specific.
Practical implications
- Budget for the locality’s full real estate tax rate; there is no statewide rental-friendly differential
- Verify the assessment cycle in the locality and budget for reassessment-year jumps
- Property taxes are a deductible business expense at the federal level on Schedule E
Early termination for abuse and trafficking victims (§ 55.1-1236)
Virginia provides a specific statutory mechanism for victims of family abuse, sexual abuse, criminal sexual assault, stalking, or human trafficking to terminate a rental agreement early.
How it works
A protected tenant may terminate by providing the landlord with a written notice of termination that becomes effective 28 days after service on the landlord.
Required documentation
The notice must be accompanied by one of:
- A protective order under § 16.1-279.1 or § 20-103
- A conviction order for the qualifying crime
- A warrant, summons, information, or indictment for the qualifying crime
Liability and terms
- No liquidated damages may be assessed against the victim
- Co-tenants remain liable for the balance of the lease
- The victim may exercise the right for the current rental agreement plus one subsequent agreement based on the same conviction
- The protections cannot be waived by lease language
Lock-change protection (§ 55.1-1230)
A tenant who obtains a protective order excluding a co-tenant may change locks (or have the landlord change them) at the tenant’s expense, but must provide the landlord with duplicate keys.
2025 expansion
SB 884 (2025) expanded trafficking victim protections within § 55.1-1236.
Federal overlays: Section 8, ADA, SCRA
Housing Choice Vouchers (Section 8)
Because source of income is now a Virginia protected class (§ 36-96.3), voucher acceptance is effectively mandatory — a landlord cannot reject a qualified applicant solely because they pay through a voucher. Operational realities:
- Unit must pass HUD Housing Quality Standards inspection before the HAP contract starts; annual reinspections
- HAP payment comes directly from the PHA; tenant pays their portion separately
- You may screen voucher applicants on the same criteria as any other applicant — but the income-to-rent ratio is calculated on the tenant’s portion only
- Federal regulations apply alongside Virginia law for VAWA, just-cause termination in project-based Section 8, etc.
Service & assistance animals (ADA / FHA)
Service animals and emotional support animals are not pets. No pet deposit, no pet rent, no pet fees, no breed restrictions. You may require documentation of disability and the disability-related need for the animal (with limits on what you can ask). You may evict if the animal poses a direct threat or causes substantial property damage that isn’t manageable.
For the playbook, see Service Animals & Emotional Support Animals: The Landlord’s Playbook for 2026.
Servicemembers Civil Relief Act (SCRA)
Active-duty servicemembers (and their dependents) have early lease termination rights on permanent change of station (PCS) or deployment of 90+ days. They must give written notice with a copy of orders; the lease terminates 30 days after the next rent due date. This is common across Virginia’s military communities:
- Marine Corps Base Quantico (Prince William)
- Fort Belvoir (Fairfax)
- Naval Station Norfolk — the largest naval base in the world
- Joint Base Langley-Eustis (Hampton / Newport News)
- Naval Air Station Oceana (Virginia Beach)
- The Pentagon (Arlington)
- Fort Gregg-Adams (Prince George — renamed from Fort Lee in 2023)
- Defense Supply Center Richmond
- Naval Surface Warfare Center Dahlgren (King George)
- Naval Weapons Station Yorktown (York)
SCRA also stays evictions for servicemembers whose ability to pay is “materially affected” by service. Properties near major installations should anticipate higher PCS turnover and lease accordingly.
Recent legislation (2025–2026)
2025 General Assembly (most effective July 1, 2025)
- HB 1623 / SB 830 — Eviction Diversion Program made permanent statewide
- HB 1867 / SB 1043 — 60-day nonrenewal / material-change notice required for landlords with more than 4 units
- HB 2218 / SB 1356 — No payment-processing fees unless an alternative no-fee method is offered; receipts required for cash/MO payments
- HB 2430 — All applicable rental fees must be itemized on the first page of the lease
- HB 2151 — Community land trust definitions updated
- SB 884 — Trafficking victim termination rights expanded
2026 General Assembly (most effective July 1, 2026)
- HB 15 / SB 48 — Nonpayment notice extended from 5 days to 14 days (§ 55.1-1245(F)). The headline change for landlords.
- HB 834 — Coordination requirement with tenants after fire / casualty before terminating leases (§ 55.1-1240)
- HB 837 — Expanded Eviction Diversion Program criteria
- HB 1005 — Multiple rent payment methods required
- HB 1093 — Attorney fee caps in eviction proceedings if tenant pays past-due rent before court
- HB 1078 — Large landlords cannot deny housing based solely on a dismissed eviction record
- HB 925 — Virginia Human Rights Act employment-discrimination complaint window extended to 2 years (housing complaints remain 1 year)
- Record-sealing law — broader Virginia record-sealing scheme takes effect July 1, 2026, affecting certain ancillary VRLTA-related criminal trespass and misdemeanor records
- Failed: Richmond-backed rent-stabilization bills died in committee in both chambers
Pending and watch-list
The Virginia General Assembly’s session-tracker at lis.virginia.gov is the authoritative source. Rent control and source-of-income expansion bills get filed every session — track the bill numbers in real time during the January–March session window.
Virginia-specific compliance pitfall list
If you’re operating in Virginia and want a quick self-audit, these are the ten places Virginia landlords most often go wrong:
- Notice forms still say “5 days” for nonpayment after July 1, 2026. HB 15 / SB 48 made it 14. Filing a 5-day-notice case after the cut-over gets it dismissed.
- Pet deposit charged on top of two months’ rent. § 55.1-1226 includes the pet deposit in the two-month cap. The overage is recoverable on its face.
- 45-day return clock missed. § 55.1-1226 has no statutory extension. Late = actual damages + attorney fees, willfulness presumed without a good-faith explanation.
- Itemization is “damages, $X.” Wins no cases. Specific line-by-line with receipts wins most.
- Late fee above 10% of periodic rent or charged before the 6th of the month. § 55.1-1204(E) is a hard cap.
- Application fee above $50 (or above $32 for HUD/PHA units). § 55.1-1203 — applicant recovers the overage plus attorney fees.
- Self-help eviction. § 55.1-1243.1 — $5,000 or 4 months’ rent floor + actual damages + attorney fees + ex parte preliminary order putting the tenant back in. The single most expensive Virginia landlord mistake.
- Blanket “no vouchers” screening. § 36-96.3 — source of income is a protected class; per se Fair Housing violation.
- Military air-installation disclosure missed. § 55.1-1217 — tenant termination right within 30 days, no questions asked. Virginia Beach / Hampton / Newport News / Prince William / Fairfax leases without it are a 30-day walkaway.
- 60-day nonrenewal notice missed for landlords with > 4 units. HB 1867 / SB 1043 (effective July 2025) — sending a 30-day notice when 60 is required leaves you a month short at renewal cycle.
Frequently asked questions
What's the maximum security deposit I can charge in Virginia?
Two months of periodic rent — and the cap is all-inclusive under § 55.1-1226. A pet deposit counts toward the two-month cap. If your monthly rent is $1,500, the total deposit ceiling (security + any pet deposit) is $3,000. The overage is recoverable. Pet rent and pet fees structured as charges rather than deposits are technically distinguishable, but the safer reading is to fit anything labeled "deposit" inside the cap.
How many days do I have to return the deposit in Virginia?
45 days from termination of the tenancy or delivery of possession, whichever is later, with an itemized written accounting (§ 55.1-1226(A)). There is no statutory extension for "damages we couldn't calculate in time." Missing the 45-day deadline without a good-faith explanation creates willful-noncompliance exposure: actual damages, attorney fees, and (in practice) total forfeiture of the deposit.
Do I have to put the deposit in a separate bank account?
The VRLTA does not require a separate trust account at the state level (contrast with North Carolina's § 42-50 trust rule). The functional discipline is still trust-style — keep deposits identifiable per tenant, never spend them on operating expenses, and reconcile monthly. Property management brokers are separately bound to trust account rules under VREB regulations — see § 54.1-2106.1 and the VREB regs.
When does the pay-or-quit notice change to 14 days?
July 1, 2026. HB 15 / SB 48 (signed in the 2026 session) extends the § 55.1-1245(F) pay-or-quit notice from 5 days to 14 days effective that date. A 5-day notice served July 2, 2026 or later produces a procedurally defective unlawful detainer that gets dismissed. Update every form notice, every lease attachment, and every SOP this summer.
How long does an eviction take in Virginia?
Pre-July 2026: uncontested nonpayment unlawful detainers run roughly 25–40 days from notice to writ execution (5-day notice + 21-day return + 10-day appeal window + writ). Post-July 2026: add about 10 days for the new 14-day notice — call it 35–50 days. Contested cases that go to Circuit Court on appeal run 60–120+ days. Fairfax, Arlington, Loudoun, Henrico, and Norfolk dockets run heavier than rural counties. The interactive timeline above gives a date-by-date breakdown for each scenario, including the July 1, 2026 cut-over.
Can I change the locks or cut off the utilities to force a non-paying tenant out?
No, never. § 55.1-1243.1 is one of the harshest self-help statutes in the country. The damages floor is $5,000 or four months' rent, whichever is greater, plus actual damages (hotel, moving, replacement-unit deposit, lost property), plus attorney fees, plus an ex parte preliminary order putting the tenant back in. Realistic total exposure on a single self-help incident in Virginia is $15,000–$25,000. The sheriff executing a writ of eviction is the only legal way to remove a residential tenant.
Can I refuse to accept Section 8 vouchers?
No. Since the 2020 amendment to § 36-96.3, source of income is a protected class in Virginia, and the protection expressly covers Housing Choice Vouchers and other nongovernment subsidies. A blanket "no vouchers" screening policy is a per se Fair Housing violation. You may still set bona fide income standards (typically 2.5x–3x rent on the tenant's portion) and apply the same screening criteria to voucher and non-voucher applicants alike — but the rejection cannot rest on the payment source.
Am I required to give 24 hours' notice before entering?
For routine non-emergency maintenance, § 55.1-1229 requires 72 hours' written notice. Emergencies (fire, flood, gas leak, immediate safety threat) justify entry without notice. Tenant-requested entry (repair calls) requires no separate notice — the request itself authorizes entry. Showings to prospective tenants, purchasers, or contractors are permitted at reasonable times with reasonable notice; the tenant may not unreasonably withhold consent.
What's the maximum late fee I can charge?
Under § 55.1-1204(E), the lesser of 10% of the periodic rent or 10% of the remaining balance due. The fee must be specifically authorized in the written lease. A late fee may not be charged until rent is more than 5 days past due — if rent is due on the 1st, the earliest a late fee can attach is the 6th. Once per late payment — no stacking above the 10% cap.
What's the cap on application fees?
$50 for market-rate units; $32 for public-housing / HUD-regulated units (§ 55.1-1203). The cap excludes actual third-party out-of-pocket costs for credit and background checks if separately disclosed. Application deposits (separate from application fees) must be refunded within 20 days of rejection (10 days if paid by cash, certified check, cashier's check, or money order). Wrongful withholding exposes you to the withheld amount plus attorney fees.
I want to evict a tenant who recently called the city about my HVAC. Can I?
You can file, but the tenant may raise the affirmative defense of retaliation under § 55.1-1258. Unlike many states, Virginia has no statutory time-based presumption window — the burden of proving retaliatory intent sits on the tenant. The carve-outs in § 55.1-1258(C) include the most-used defense: the tenant owes rent. Build your file with contemporaneously dated records of legitimate reasons that predate the complaint, market-wide rent adjustments applied uniformly, or planned non-renewal records that exist independently of the complaint.
Do I need a property management license in Virginia?
If you manage rentals for others for compensation, yes — a Virginia real estate broker license is required under § 54.1-2106.1 and § 54.1-2135. A firm must designate a Principal Broker. If you manage only your own rentals (held in your name or by an LLC where you're the owner), no license is required. Salaried (not commissioned) employees of a property owner may show units, accept applications, and accept rent without a license. The moment compensation flows to manage someone else's property, the license requirement attaches.
Can I do short-term rentals (Airbnb / VRBO) anywhere in Virginia?
Legally, only where local zoning and permitting allow. Each city has its own rules. Virginia Beach: CUP-only outside the Sandbridge Special Service District and designated STR Overlay Districts. Richmond: primary-residence only, 185-day rule, $300 biennial permit. Arlington: Accessory Homestay only (primary residence). Alexandria: permit if rented > 10 days/year. Norfolk: zoning permit + business license. Charlottesville: homestay-style, 185-day primary residence. Loudoun County: zoning permit + annual registration. Always check the city's STR ordinance and zoning before listing — operating without a permit triggers fines, stop-rental orders, and sometimes permanent ineligibility.
Is Virginia a rent-control state?
No. Virginia is a Dillon Rule state — localities lack the authority to enact rent control without a General Assembly grant. The 2026 General Assembly rejected rent-stabilization bills again. Both Richmond-backed bills failed in committee in both chambers. Don't budget for rent-stabilization risk.
I bought a coastal Virginia rental — what insurance do I need?
At minimum: a landlord (DP-3) policy for the dwelling; wind/hail coverage (often via the VPIA if the standard market declines); a flood policy if the property is in a Special Flood Hazard Area. Flood policies have a 30-day waiting period — you cannot buy mid-storm. Named-storm deductibles in Hampton Roads are typically 2%–5% of dwelling limit, separate from the all-other-perils deductible. Add loss-of-rents / fair rental value coverage. Typical 2026 budget for a moderate Hampton Roads single-family rental is $1,500–$4,500/year combined.
Can I require renter's insurance?
Yes, and you should — especially on coastal properties and properties in higher-end markets. Add a lease clause requiring the tenant to maintain renter's insurance with the landlord named as additional insured, with proof of policy at signing and annually thereafter. Renter's policies typically exclude flood and named-storm wind; don't rely on them as a backstop for landlord coverage gaps.
What if a tenant just refuses to leave after the lease ends?
File an unlawful detainer under § 55.1-1245 / § 8.01-126 for holdover. No further notice is required if the lease term has ended and the lease clearly terminates on date. Do not accept rent after the lease end date — accepting post-term rent can create an implied month-to-month tenancy that complicates the case. If your lease expressly says holdover creates no new tenancy, document each post-term payment as "use and occupancy" rather than "rent" in your ledger. Holdover cases on a clean lease usually finish faster than nonpayment cases.
I bought an occupied rental — do I have to honor the existing lease?
Yes, generally. Virginia recognizes the principle that a sale of rental property does not terminate an existing lease — the new owner steps into the shoes of the seller as landlord under the existing terms. The deposit transfers with the property under § 55.1-1226; ensure the closing settlement statement allocates the deposit transfer correctly. After the existing lease ends, you may set new terms subject to the § 55.1-1253 notice rules (30 days for small landlords, 60 days for landlords with > 4 units under HB 1867).
Can a tenant break the lease for domestic violence or human trafficking?
Yes, under § 55.1-1236, with written notice effective 28 days after service on the landlord and accompanying documentation (a protective order under § 16.1-279.1 or § 20-103, a conviction order, or a qualifying warrant/summons/indictment). The tenant cannot be assessed liquidated damages; co-tenants remain liable for the balance. The protections cannot be waived by the lease. SB 884 (2025) expanded protections to human trafficking victims explicitly.
Are STR primary-residence rules really enforced?
Yes. Virginia Beach has issued stop-rental orders since 2022 for non-overlay STRs; Richmond enforces the 185-day rule using Airbnb data; Arlington and Alexandria run registry audits; Loudoun fines $500 per violation for non-registration. The "I'll just list and see what happens" approach in Virginia has a high enforcement-action rate compared to lighter-touch jurisdictions. Verify and permit before listing.
Authoritative sources & where to verify
- Code of Virginia (entire body): law.lis.virginia.gov
- VRLTA (Title 55.1, Chapter 12): law.lis.virginia.gov/vacode/title55.1/chapter12
- Title 55.1, Chapter 13 (Manufactured Home Lot Rental Act): law.lis.virginia.gov/vacode/title55.1/chapter13
- Title 55.1, Chapter 14 (Non-VRLTA residential framework): law.lis.virginia.gov/vacode/title55.1/chapter14
- Title 55.1, Chapter 18 (Property Owners’ Association Act): law.lis.virginia.gov/vacode/title55.1/chapter18
- Title 55.1, Chapter 19 (Condominium Act): law.lis.virginia.gov/vacode/title55.1/chapter19
- Virginia Fair Housing Law (§ 36-96.1 et seq.): law.lis.virginia.gov/vacode/title36/chapter5.2
- Unlawful detainer (§§ 8.01-126 to 8.01-130.01): law.lis.virginia.gov/vacode/title8.01/chapter3
- Writ of eviction (§ 8.01-470): law.lis.virginia.gov/vacode/title8.01/chapter18/section8.01-470
- Real estate licensing (Title 54.1, Chapter 21): law.lis.virginia.gov/vacode/title54.1/chapter21
- General Assembly bill tracker: lis.virginia.gov
- Virginia Department of Professional and Occupational Regulation (DPOR): dpor.virginia.gov
- Virginia Real Estate Board (VREB): dpor.virginia.gov/Boards/Real-Estate
- Virginia Fair Housing Office (DPOR): dpor.virginia.gov/FairHousing
- Virginia Department of Housing and Community Development (DHCD): dhcd.virginia.gov
- Virginia Property Insurance Association (VPIA, “FAIR Plan”): vpia.com
- Virginia State Corporation Commission, Bureau of Insurance: scc.virginia.gov/pages/Bureau-of-Insurance
- Virginia Judicial System — Landlord/Tenant resources: vacourts.gov/courts/gd/resources/landlord_tenant.html
- Virginia Poverty Law Center (tenant-side reference, useful for opposing-counsel perspective): vplc.org
- Legal Aid Justice Center: justice4all.org
- Virginia REALTORS legislative tracker: virginiarealtors.org
- City STR ordinances: planning.virginiabeach.gov/permits/short-term-rental (Virginia Beach), rva.gov/planning-development-review/short-term-rentals (Richmond), arlingtonva.us/Government/Programs/Building/Permits/Accessory-Homestay (Arlington), alexandriava.gov/zoning/short-term-residential-rentals (Alexandria), loudoun.gov/shorttermrentals (Loudoun)
Closing thought
Virginia is, on balance, a moderately landlord-friendly state, but it is friendly in a specific, procedural way. The General Assembly gives operators clean tools — the General District Court unlawful detainer procedure that produces a return day within three weeks of filing, the holding limited by Isbell that the VRLTA does not impose tort liability for habitability negligence, the absence of any statutory retaliation presumption window, the Dillon Rule preemption of rent control, the right-of-entry framework that the lease can shape to fit the operator’s workflow. None of these are minor advantages.
But the same General Assembly has been steadily adding tenant protections every session since 2020: source of income as a protected class, the rewritten § 55.1-1243.1 self-help damages with a $5,000-or-four-months’ floor, the application fee cap at $50, the late fee cap at 10%, the 60-day nonrenewal notice for landlords with more than four units, the all-fees-on-page-one rule, the permanent Eviction Diversion Program, and the July 1, 2026 expansion of the nonpayment notice from 5 days to 14. The direction of travel is one way.
The landlords who do well in Virginia are not the ones with the toughest leases or the strictest enforcement style. They’re the ones with a clean lease that fits the post-2025 first-page fee disclosure rule, a deposit cap and a 45-day clock built into the move-out workflow with a calendar reminder on day 30, a notice template that flips to 14 days on July 1, 2026 without a person having to remember, a screening process that applies the same criteria to voucher and non-voucher applicants, and an operational discipline that produces contemporaneous documented evidence for every meaningful event in the tenancy. The state’s rules reward that operator. They quietly punish the one improvising under pressure.
If you want the workflow that produces that paper trail in Virginia by default — move-in records with photographs and condition notes, lease-violation records with statute references and dated communication logs, maintenance records with vendor invoices and timestamps, and move-out checkouts with the 45-day clock and itemization built in — the Move-In Record, Maintenance Record, Lease Violation Record, and Move-Out Checkout flows are designed for exactly this kind of statute-driven, evidence-heavy operation. The deposit-packet add-on on the Move-Out flow knows about the 45-day Virginia clock, the two-month cap, and the itemization standard that survives a § 55.1-1226 challenge.
The state rewards operational discipline. Build it before you need it.
