Renting Out Your Property in Virginia: A Guide for Landlords
Renting out property in Virginia requires understanding specific state laws that govern landlord-tenant relationships, including the Virginia Residential Landlord and Tenant Act. Property owners must comply with fair housing laws, proper tenant screening procedures, security deposit limits, and maintenance requirements to avoid legal complications.
Virginia landlords must provide safe, habitable housing and follow strict procedures for security deposits, which cannot exceed two months' rent and must be returned within 45 days after lease termination. Failure to comply with Virginia's landlord-tenant laws can result in financial penalties and legal liability.
Key Considerations
Scenarios
Decisions
Scenarios
Decisions
Scenarios
Decisions
Relevant Documents
Landlord's Rules and Regulations
A supplementary document to the lease that outlines specific rules for the property, such as quiet hours, guest policies, and maintenance responsibilities.
Move-In/Move-Out Inspection Checklist
A document that records the condition of the rental property before the tenant moves in and after they move out, which helps determine if any damage occurred during the tenancy.
Notice of Entry Form
A document used by landlords to notify tenants of their intent to enter the rental property, typically required by state law with specific advance notice periods.
Rental Application Form
A form used to collect information about potential tenants, including employment history, income, references, and authorization for background and credit checks.
Residential Lease Agreement
A legally binding contract between a landlord and tenant that outlines the terms and conditions of the rental arrangement, including rent amount, security deposit, lease duration, and other important provisions.
Security Deposit Receipt
A document acknowledging the landlord's receipt of the security deposit, including the amount, date received, and where the deposit will be held.
Relevant Laws
Virginia Residential Landlord and Tenant Act (VRLTA)
This is the primary law governing residential rental relationships in Virginia. It outlines the rights and responsibilities of both landlords and tenants, including security deposit limits (maximum of two months' rent), required disclosures, maintenance obligations, and eviction procedures. Most residential rentals in Virginia are covered by this act.
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. Landlords must understand these protected classes to avoid discriminatory practices when advertising, screening tenants, or managing rental properties.
Virginia Uniform Statewide Building Code
Sets minimum standards for building construction and maintenance that landlords must follow to ensure properties are safe and habitable. This includes requirements for structural elements, electrical systems, plumbing, and fire safety. Rental properties must comply with these codes.
Virginia Rental Application Fee Law
Limits application fees to $50 (excluding third-party screening costs) and requires landlords to provide specific information to applicants, including screening criteria. If an application is rejected, landlords must provide written notice of the reasons within 7 days.
Virginia Security Deposit Law
Requires landlords to return security deposits within 45 days after lease termination, with an itemized list of any deductions. Interest is no longer required on security deposits in Virginia. Landlords must conduct move-in and move-out inspections and provide tenants the opportunity to be present.
Virginia Lead-Based Paint Disclosure Requirements
For properties built before 1978, landlords must disclose known information about lead-based paint hazards before leases take effect. This includes providing tenants with an EPA-approved pamphlet on lead hazards and any known information about lead-based paint in the dwelling.
Virginia Landlord's Right of Access Law
Requires landlords to give at least 24 hours' notice before entering a rental property for non-emergency matters. This law balances the landlord's need to inspect and maintain the property with the tenant's right to privacy and quiet enjoyment.
Regional Variances
Northern Virginia
Fairfax County requires landlords to obtain a rental dwelling license for properties with 4+ units. Single-family homes and condos are exempt from this requirement. The county also has a tenant relocation assistance program that may require payments to displaced tenants in certain circumstances.
Arlington County enforces strict housing code compliance and requires rental properties to undergo regular inspections. Landlords must also provide tenants with information about mold and lead-based paint hazards. The county has additional tenant protections for properties in designated 'Housing Conservation Districts.'
Alexandria has a Landlord-Tenant Relations Board that mediates disputes. The city requires rental property owners to register with the Office of Housing and obtain a business license. Alexandria also has specific ordinances regarding security deposit interest payments that differ from state requirements.
Hampton Roads Region
Virginia Beach has specific regulations for short-term rentals, requiring a conditional use permit in certain zoning districts. The city also has noise ordinances that landlords must ensure tenants comply with, which are stricter than other parts of Virginia.
Norfolk requires rental inspection certificates for properties in designated rental inspection districts. The city has a Rental Housing Inspection Program that may require more frequent inspections than other jurisdictions. Norfolk also has specific flood zone requirements that affect rental properties in coastal areas.
Richmond Metropolitan Area
Richmond has a rental inspection program for certain designated districts where properties must be inspected every 4 years. The city also has a Fair Housing Office that actively investigates discrimination complaints. Richmond requires a business license for rental property owners with more than four rental units.
Henrico County has different zoning requirements that may restrict rental activities in certain residential areas. The county also enforces specific property maintenance codes that may be more stringent than state requirements, particularly regarding exterior maintenance and occupancy limits.
College Towns
Charlottesville has specific ordinances addressing student housing, including occupancy limits (no more than 4 unrelated persons in a dwelling unit). The city also has a landlord-tenant mediation service and requires annual rental property registration and inspection in certain neighborhoods.
Blacksburg, home to Virginia Tech, has strict regulations on the number of unrelated people who can live together (3 unrelated individuals maximum in most residential zones). The town also has specific parking requirements for rental properties and noise ordinances targeting student rentals.
Suggested Compliance Checklist
Research Virginia Landlord-Tenant Laws
1 days after startingFamiliarize yourself with the Virginia Residential Landlord and Tenant Act (VRLTA) which governs most residential rental relationships in Virginia. Pay special attention to security deposit limits (maximum of two months' rent), required disclosures, and tenant rights. Visit the Virginia Department of Housing and Community Development website for resources.
Obtain Necessary Business Licenses
7 days after startingCheck with your local city or county government to determine what business licenses are required for rental property owners. Requirements vary by locality in Virginia, but most require some form of rental property registration or business license.
Rental Property Business License
14 days after startingComplete and submit the application for a rental property business license with your local jurisdiction. This typically requires information about the property, ownership details, and payment of associated fees. Some localities may require property inspections before issuing a license.
Prepare a Rental Application Form
21 days after startingCreate a comprehensive rental application that collects necessary information from potential tenants while complying with fair housing laws. Include sections for personal information, rental history, employment information, income verification, references, and authorization for background and credit checks. Ensure the form does not request information that could be used for discriminatory purposes.
Draft a Residential Lease Agreement
28 days after startingCreate a legally compliant Virginia lease agreement that includes all required terms and disclosures. The lease must include: names of parties, property description, rental term, rent amount and payment terms, security deposit information, maintenance responsibilities, and other terms required by Virginia law. Consider having an attorney review your lease to ensure compliance with current Virginia landlord-tenant laws.
Create a Move-In/Move-Out Inspection Checklist
30 days after startingDevelop a detailed checklist documenting the condition of the property before tenant occupancy and after move-out. Virginia law requires landlords to provide tenants the opportunity to note existing damages within 5 days of move-in. This document helps prevent disputes over security deposit deductions and should include space for both parties to sign and date.
Prepare a Lead-Based Paint Disclosure Form
32 days after startingFor properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and provide tenants with the EPA pamphlet 'Protect Your Family from Lead in Your Home.' This form must be signed by both parties before the lease is signed.
Create a Security Deposit Receipt
35 days after startingPrepare a receipt for security deposits that includes the amount received, date of receipt, and information about where the deposit will be held. Virginia law requires security deposits to be placed in an interest-bearing account in a federally insured institution located in Virginia.
Develop Landlord's Rules and Regulations
38 days after startingCreate a document outlining house rules and policies that are not included in the lease but are binding on tenants. This may include quiet hours, guest policies, parking rules, trash disposal instructions, and maintenance request procedures. Ensure these rules are reasonable and do not contradict terms in the lease or violate tenant rights under Virginia law.
Create a Notice of Entry Form
40 days after startingDevelop a form to notify tenants when you need to enter the property. Virginia law requires landlords to provide at least 24 hours' notice before entering a rental unit except in emergencies. This form should include the date, time, and purpose of entry.
Purchase Landlord Insurance
45 days after startingObtain appropriate insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. You'll need a landlord or rental dwelling policy that covers the building, liability protection, and potentially lost rental income.
Set Up Property Tax Payments
50 days after startingEnsure you understand how renting your property may affect your property tax obligations. In some Virginia localities, rental properties may be taxed differently than owner-occupied homes. Contact your local tax assessor's office for information.
Register with Virginia Department of Taxation
55 days after startingIf you'll be collecting and remitting sales tax on short-term rentals (less than 90 days), register with the Virginia Department of Taxation. Even for long-term rentals, you may need to register as a business entity for state tax purposes.
Establish a Maintenance Plan and Vendor Relationships
60 days after startingDevelop a system for handling maintenance requests and establish relationships with reliable contractors for repairs. Virginia law requires landlords to maintain fit and habitable premises, including functioning essential services like heat, water, and electricity.
Create a Record-Keeping System
65 days after startingSet up a system to track rental income, expenses, communications with tenants, maintenance requests, and other important documentation. Good records are essential for tax purposes and in case of disputes. Virginia requires landlords to keep certain records, including security deposit information, for specific periods.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Research Virginia Landlord-Tenant Laws | Familiarize yourself with the Virginia Residential Landlord and Tenant Act (VRLTA) which governs most residential rental relationships in Virginia. Pay special attention to security deposit limits (maximum of two months' rent), required disclosures, and tenant rights. Visit the Virginia Department of Housing and Community Development website for resources. | - | 1 |
| Obtain Necessary Business Licenses | Check with your local city or county government to determine what business licenses are required for rental property owners. Requirements vary by locality in Virginia, but most require some form of rental property registration or business license. | - | 7 |
| Rental Property Business License | Complete and submit the application for a rental property business license with your local jurisdiction. This typically requires information about the property, ownership details, and payment of associated fees. Some localities may require property inspections before issuing a license. | - | 14 |
| Prepare a Rental Application Form | Create a comprehensive rental application that collects necessary information from potential tenants while complying with fair housing laws. Include sections for personal information, rental history, employment information, income verification, references, and authorization for background and credit checks. Ensure the form does not request information that could be used for discriminatory purposes. | - | 21 |
| Draft a Residential Lease Agreement | Create a legally compliant Virginia lease agreement that includes all required terms and disclosures. The lease must include: names of parties, property description, rental term, rent amount and payment terms, security deposit information, maintenance responsibilities, and other terms required by Virginia law. Consider having an attorney review your lease to ensure compliance with current Virginia landlord-tenant laws. | - | 28 |
| Create a Move-In/Move-Out Inspection Checklist | Develop a detailed checklist documenting the condition of the property before tenant occupancy and after move-out. Virginia law requires landlords to provide tenants the opportunity to note existing damages within 5 days of move-in. This document helps prevent disputes over security deposit deductions and should include space for both parties to sign and date. | - | 30 |
| Prepare a Lead-Based Paint Disclosure Form | For properties built before 1978, federal law requires landlords to disclose known information about lead-based paint and provide tenants with the EPA pamphlet 'Protect Your Family from Lead in Your Home.' This form must be signed by both parties before the lease is signed. | - | 32 |
| Create a Security Deposit Receipt | Prepare a receipt for security deposits that includes the amount received, date of receipt, and information about where the deposit will be held. Virginia law requires security deposits to be placed in an interest-bearing account in a federally insured institution located in Virginia. | - | 35 |
| Develop Landlord's Rules and Regulations | Create a document outlining house rules and policies that are not included in the lease but are binding on tenants. This may include quiet hours, guest policies, parking rules, trash disposal instructions, and maintenance request procedures. Ensure these rules are reasonable and do not contradict terms in the lease or violate tenant rights under Virginia law. | - | 38 |
| Create a Notice of Entry Form | Develop a form to notify tenants when you need to enter the property. Virginia law requires landlords to provide at least 24 hours' notice before entering a rental unit except in emergencies. This form should include the date, time, and purpose of entry. | - | 40 |
| Purchase Landlord Insurance | Obtain appropriate insurance coverage for your rental property. Standard homeowner's insurance typically doesn't cover rental activities. You'll need a landlord or rental dwelling policy that covers the building, liability protection, and potentially lost rental income. | - | 45 |
| Set Up Property Tax Payments | Ensure you understand how renting your property may affect your property tax obligations. In some Virginia localities, rental properties may be taxed differently than owner-occupied homes. Contact your local tax assessor's office for information. | - | 50 |
| Register with Virginia Department of Taxation | If you'll be collecting and remitting sales tax on short-term rentals (less than 90 days), register with the Virginia Department of Taxation. Even for long-term rentals, you may need to register as a business entity for state tax purposes. | - | 55 |
| Establish a Maintenance Plan and Vendor Relationships | Develop a system for handling maintenance requests and establish relationships with reliable contractors for repairs. Virginia law requires landlords to maintain fit and habitable premises, including functioning essential services like heat, water, and electricity. | - | 60 |
| Create a Record-Keeping System | Set up a system to track rental income, expenses, communications with tenants, maintenance requests, and other important documentation. Good records are essential for tax purposes and in case of disputes. Virginia requires landlords to keep certain records, including security deposit information, for specific periods. | - | 65 |
Frequently Asked Questions
In Virginia, a valid lease agreement must include: 1) names of all parties (landlord and tenants), 2) property address and description, 3) lease term (start and end dates), 4) rent amount and payment terms, 5) security deposit amount and terms, and 6) signatures of all parties. While oral leases can be legally binding for terms less than a year, written leases are strongly recommended for all rental arrangements to avoid disputes.
In Virginia, landlords cannot charge more than two months' rent as a security deposit. The deposit must be held in an interest-bearing account in a federally insured institution located in Virginia. Landlords must return the security deposit within 45 days after the tenant moves out, along with an itemized list of any deductions for damages beyond normal wear and tear.
Virginia landlords must maintain the property in compliance with building and housing codes affecting health and safety. This includes maintaining electrical, plumbing, sanitary, heating, ventilating, and air-conditioning systems; providing and maintaining trash receptacles; and supplying running water and reasonable hot water. Landlords must also make all repairs necessary to keep the premises fit and habitable.
In Virginia, landlords must provide tenants with at least 24 hours' notice before entering the rental property for non-emergency matters such as repairs, inspections, or showing the property to prospective tenants. Entry should be during reasonable hours. In emergency situations, landlords may enter without notice.
For month-to-month tenancies in Virginia, landlords must provide 30 days' written notice to terminate. For fixed-term leases, the lease typically ends on the date specified in the agreement without need for notice. However, if you wish to terminate a lease early for tenant violations, specific procedures must be followed, including proper written notice of the violation and an opportunity for the tenant to remedy the issue in most cases.
Virginia state law does not require statewide registration of rental properties. However, some local jurisdictions may have their own registration or licensing requirements. Check with your local city or county government to determine if there are any local registration, inspection, or licensing requirements for rental properties in your specific area.
In Virginia, landlords can consider criminal history when evaluating rental applications, but should be careful to apply policies consistently to avoid fair housing violations. It's recommended to focus on convictions that demonstrate a direct threat to property or other tenants' safety, and to consider the nature and recency of offenses. Blanket bans on all applicants with any criminal history could potentially violate fair housing laws.
For fixed-term leases in Virginia, rent cannot be increased during the lease term unless the lease specifically allows for it. For month-to-month tenancies, landlords can increase rent with proper written notice (typically 30 days). Virginia does not have statewide rent control, but landlords cannot increase rent in a discriminatory manner or as retaliation against tenants who exercise their legal rights.
Virginia landlords must disclose: 1) any known lead-based paint hazards for properties built before 1978 (federal requirement), 2) the name and address of the property owner or manager, 3) information about the tenant's right to sublet or assign the lease, 4) any nonrefundable fees, and 5) information about the tenant's right to request repairs. Additionally, landlords must disclose if the property is in a locality that has adopted a tourism activity zone ordinance.
Yes, Virginia law allows landlords to require tenants to obtain and maintain renter's insurance as a condition of the lease. The landlord can also require the tenant to provide proof of coverage. If you require renter's insurance, this requirement must be included in the written lease agreement. Landlords can also obtain coverage and charge tenants for it if tenants fail to maintain their own policy.