Virginia Rent Increase Notice
In Virginia a new rent set by written notice on a month-to-month or holdover tenancy does not take effect until the next rent due date coming 30 days after the notice (Va. Code Section 55.1-1253). Virginia has no statewide rent cap. Attorney review available.
Introduction
Virginia measures its rent-increase notice not by a flat calendar count but by the tenant's rent due date. Under the Virginia Residential Landlord and Tenant Act, when a tenant stays on as a month-to-month or holdover tenant, a new rent set in a written notice does not take effect until the next rent due date coming 30 days after the notice (Va. Code Section 55.1-1253(D)). A separate rule lets either party end a month-to-month tenancy on at least 30 days written notice before the next rent due date, unless the rental agreement sets a different period (Section 55.1-1253(A)). Larger landlords face an extra step: an owner of a multifamily premises that declines to renew the greater of 20 or more, or 50 percent of, its month-to-month tenancies within a 30-day period must give each affected tenant at least 60 days written notice before the tenancy expires (Section 55.1-1253(B)). A rent increase notice is the written document that sets the new figure and its effective date. Virginia caps nothing statewide, so the amount is the landlord's to set, and as a Dillon Rule state its localities may regulate rent only where the General Assembly has said so, meaning a landlord should confirm any local program first. The notice must be in writing; a landlord should deliver it so it reaches the tenant and keep proof. Rent under a fixed-term lease cannot rise before the term ends unless the lease allows it. DocDraft assembles your Virginia rent increase notice from your facts, with attorney review available before you serve it.
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Key Things to Know
- 1
A Virginia rent increase notice is the written document that raises the rent on a residential tenancy, stating the current rent, the new monthly rent, and the date the increase takes effect.
- 2
When a tenant continues as a month-to-month or holdover tenant, a new rent set in a written notice does not take effect until the next rent due date coming 30 days after the notice (Va. Code Section 55.1-1253(D)).
- 3
Either party may end a month-to-month tenancy on at least 30 days written notice before the next rent due date, unless the rental agreement sets a different period (Va. Code Section 55.1-1253(A)).
- 4
An owner of a multifamily premises that declines to renew the greater of 20 or more, or 50 percent of, its month-to-month tenancies within a 30-day period must give each affected tenant at least 60 days written notice before the tenancy expires (Va. Code Section 55.1-1253(B)).
- 5
Virginia sets no statewide rent cap, so the rental agreement controls the new amount rather than a statutory ceiling.
- 6
As a Dillon Rule state, Virginia lets localities regulate rent only where the General Assembly has authorized it, so a landlord should confirm any local program before setting a new rent.
- 7
The notice must be in writing, and rent under a fixed-term lease cannot rise before the term ends unless the lease specifically allows it.
Key decisions before you file
Before you file a Rent Increase Notice in Virginia, a few decisions shape the document: which option to choose and what each one means. The Rent Increase Notice guide walks through them.
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Virginia Requirements for Rent Increase Notice
30-Day Rule Before a New Rent Begins
When a tenant continues as a month-to-month or holdover tenant, a new rent set in a written notice does not take effect until the next rent due date coming 30 days after the notice (Va. Code Section 55.1-1253(D)). The effective date must give the tenant at least that time.
30-Day Month-to-Month Termination
A month-to-month tenancy in Virginia may be ended by either party on at least 30 days written notice before the next rent due date, unless the rental agreement provides a different period (Va. Code Section 55.1-1253(A)). A landlord uses at least this notice to move a tenant to a new rent for the next period.
60-Day Rule for Multifamily Non-Renewal
An owner of a multifamily premises that fails to renew the greater of 20 or more, or 50 percent of, its month-to-month tenancies within a consecutive 30-day period in the same building must give each affected tenant at least 60 days written notice before the tenancy expires (Va. Code Section 55.1-1253(B)). This does not apply where the tenant has failed to pay rent.
No Statewide Rent Cap
Virginia has no statewide rent cap, so a Virginia landlord may set the new amount, subject to the terms of the rental agreement. The Virginia Residential Landlord and Tenant Act sets the notice for a rent change but does not limit the amount of an increase.
Dillon Rule on Local Rent Control
Virginia is a Dillon Rule state, so a locality may regulate rent only where the General Assembly has authorized it. A Virginia landlord should confirm whether any local program applies before setting a new rent, but there is no general local rent cap absent state authorization.
No Mid-Lease Increase on a Fixed Term
Rent on a fixed-term lease cannot be raised during the term unless the lease specifically allows it, because the rent is a fixed term of the contract. A rent increase reaches a Virginia tenant on a month-to-month or holdover tenancy or takes effect when a fixed-term lease renews.
Written Notice and Proof
A Virginia rent increase notice must be in writing. The landlord should deliver it in a way that reaches the tenant, such as hand delivery or mail to the tenant's address, and keep proof of how and when it was given, since the 30-day period runs before the new rent takes effect.
Effect of a Short Notice
A Virginia rent increase that does not give the required time does not take effect on the stated date. Under Va. Code Section 55.1-1253(D), a new rent amount cannot take effect until the next rent due date coming at least 30 days after the notice, so a tenant may continue paying the prior rent until a proper notice period runs and the next rent due date arrives.