Tenant Rights in Virginia: Renting a New Property (2026)
Reviewed by DocDraft Legal Team · Virginia · Last updated 2026-05-18
If you are renting a new place in Virginia, the rules that protect you are Virginia rules. The two most-asked questions on every Virginia tenant page are deposit timing (45 days) and entry timing (72 hours). This guide answers those and the rest of the Virginia-specific protections in order.
Key Considerations
Money up front is the first compliance line for a Virginia tenancy. The cap on the security deposit is set by statute: two months' periodic rent The deadline for refund (or itemized deduction notice) after surrender is also fixed: 45 days
If a Virginia tenancy turns adversarial, three statutory backstops matter most. The habitability standard frames repair obligations and rent withholding: § 55.1-1220 Rent-control or preemption status frames rent-hike exposure: Virginia law does not place any restrictions or ceilings on how much a landlord can charge for rent or how much a landlord may raise rent. The eviction-notice rule frames the timeline if non-payment ever escalates: 5 days
Once a Virginia tenant is in possession, the lease and the entry rules carry the day. On non-emergency access, 72 hours On the disclosure packet, A landlord must reveal certain information to the tenant, including any visible evidence of mold (§55.1-1215), the name and address of the owner or property manager (§55.1-1216), notice of sale or foreclosure of the property (§§55.1-1216, 1237), and on the first page of the lease, a list of all charges including the security deposit, rent, and any additional charges (§55.1-1204.1).
Relevant Laws
Virginia Residential Landlord and Tenant Act (VRLTA)
This is the primary law governing landlord-tenant relationships in Virginia. It covers security deposits (limited to two months' rent), required disclosures, maintenance responsibilities, and tenant rights. Most residential leases in Virginia fall under this act, which provides important protections for tenants.
Security Deposit Requirements
Virginia law limits security deposits to a maximum of two months' rent. Landlords must return deposits within 45 days after the tenant moves out, along with an itemized list of any deductions. Interest is no longer required to be paid on security deposits in Virginia.
Landlord's Maintenance Responsibilities
Landlords in Virginia must comply with building and housing codes affecting health and safety, make all repairs necessary to keep the premises fit and habitable, maintain common areas, and provide essential services like heat, water, and electricity if specified in the lease.
Right to Fair Housing
The Virginia Fair Housing Law prohibits discrimination in housing based on race, color, religion, national origin, sex, elderliness, familial status, disability, source of funds, sexual orientation, gender identity, or military status. This ensures tenants have equal access to housing opportunities.
Notice Requirements for Lease Termination
In Virginia, tenants must provide written notice before terminating a lease. For month-to-month tenancies, 30 days' notice is required. For fixed-term leases, the notice requirements should be specified in the lease agreement. Improper notice may result in continued liability for rent.
Landlord Entry Rights
Virginia landlords must give tenants at least 24 hours' notice before entering a rental unit for non-emergency matters. Entry is permitted for repairs, inspections, showing the property to prospective tenants, or in case of emergency.
Regional Variances
Northern Virginia
Arlington County has additional tenant protections beyond state law, including a Tenant-Landlord Commission that mediates disputes. The county also requires landlords to provide specific disclosures about tenant rights at lease signing and has stricter housing code enforcement than many other Virginia jurisdictions.
Fairfax County has a Consumer Protection Commission that handles tenant complaints and enforces local housing ordinances. The county also has specific requirements for rental property maintenance and inspections that may exceed state minimums.
Alexandria has a Landlord-Tenant Relations Board and Office of Housing that provides additional resources for tenants. The city has enacted rent increase notification requirements that give tenants more advance notice than required by state law.
Hampton Roads Region
Virginia Beach has specific ordinances related to short-term rentals and vacation properties that may affect some tenants. The city also has a rental inspection program for certain designated areas to ensure housing quality standards.
Norfolk operates a Rental Housing Inspection Program in designated districts that requires regular inspections of rental properties. The city also has specific flood zone requirements that may affect tenant insurance requirements in certain areas.
Richmond Metropolitan Area
Richmond has established a Rental Housing Registry requiring landlords to register their properties. The city also has an eviction diversion program that provides additional protections and resources for tenants facing eviction compared to other Virginia jurisdictions.
Henrico County enforces specific property maintenance codes for rental housing that may be more stringent than state requirements. The county also offers tenant education programs and resources through its Department of Community Revitalization.
College Towns
Charlottesville has enacted additional tenant protections focused on student housing, including stricter inspection requirements and occupancy regulations. The city also has a dedicated Housing Advisory Committee that addresses tenant concerns.
Blacksburg, home to Virginia Tech, has specific ordinances regarding student rentals, including noise regulations and occupancy limits that differ from other parts of Virginia. The town also has a mediation service specifically for landlord-tenant disputes.
Suggested Compliance Checklist
Run the lease against the Virginia required-disclosure list before initialing it
Before signing days after startingA landlord must reveal certain information to the tenant, including any visible evidence of mold (§55.1-1215), the name and address of the owner or property manager (§55.1-1216), notice of sale or foreclosure of the property (§§55.1-1216, 1237), and on the first page of the lease, a list of all charges including the security deposit, rent, and any additional charges (§55.1-1204.1).
Hold the deposit payment to the lawful ceiling
Before signing days after startingtwo months' periodic rent
Photograph the unit before moving in and email the photo set to the landlord
At move-in days after startingThat timestamp anchors the deposit accounting at the end of the tenancy.
Confirm whether the property sits under a rent cap, local rent control, or open-market rules
Before signing days after startingVirginia law does not place any restrictions or ceilings on how much a landlord can charge for rent or how much a landlord may raise rent.
Test the late-fee clause against the Virginia statutory ceiling
Ongoing days after startingthe lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant
Confirm the entry-notice rule in writing the first time the landlord asks to come in
Before signing days after starting72 hours
Channel any habitability problem through written notice to the landlord, not voicemail
As needed during tenancy days after starting§ 55.1-1220
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Run the lease against the Virginia required-disclosure list before initialing it | A landlord must reveal certain information to the tenant, including any visible evidence of mold (§55.1-1215), the name and address of the owner or property manager (§55.1-1216), notice of sale or foreclosure of the property (§§55.1-1216, 1237), and on the first page of the lease, a list of all charges including the security deposit, rent, and any additional charges (§55.1-1204.1). | - | Before signing |
| Hold the deposit payment to the lawful ceiling | two months' periodic rent | - | Before signing |
| Photograph the unit before moving in and email the photo set to the landlord | That timestamp anchors the deposit accounting at the end of the tenancy. | - | At move-in |
| Confirm whether the property sits under a rent cap, local rent control, or open-market rules | Virginia law does not place any restrictions or ceilings on how much a landlord can charge for rent or how much a landlord may raise rent. | - | Before signing |
| Test the late-fee clause against the Virginia statutory ceiling | the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant | - | Ongoing |
| Confirm the entry-notice rule in writing the first time the landlord asks to come in | 72 hours | - | Before signing |
| Channel any habitability problem through written notice to the landlord, not voicemail | § 55.1-1220 | - | As needed during tenancy |
Frequently Asked Questions
72 hours.
5 days.
45 days.
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