This is a summary of tenants’ rights and responsibilities under the Virginia Residential Landlord and Tenant Act. This summary does not modify your lease or Virginia law. A lease cannot waive a tenant’s rights under the law. The information below is not intended as legal advice.

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Tenant Rights

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Applications: Tenants may be charged a nonrefundable application fee of no more than $50 (not including third-party background check costs) and a refundable application deposit. If the tenant does not rent the unit, the application deposit must be returned minus any actual costs or damages. (§55.1-1203)

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Written Lease: Landlords are required to provide tenants with a written lease. If a landlord fails to do so, the VRLTA still establishes a statutory lease for 12 months that is not subject to automatic renewal. (§55.1-1204)

Disclosure: Landlords must disclose certain information, including visible evidence of mold, owner or property manager contact information, notice of sale or foreclosure, and a list of all charges including rent, security deposit, and additional fees. (§§55.1-1215, 55.1-1216, 55.1-1204.1)

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Security Deposit: A landlord may require a security deposit of up to two months’ rent. Tenants have the right to object to the move-in report within five days and may be present during the move-out inspection. (§§55.1-1214, 1226)

Receipts: Upon request, tenants are entitled to written receipts for rent paid by cash or money order and a written statement of charges and payments for the previous 12 months. (§55.1-1204(D), (J))

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Payment Methods: Landlords must accept at least one payment method that does not require additional collection or processing fees. (§55.1-1204(J))

Privacy: Landlords may not release tenant information without consent except under limited legal circumstances. (§55.1-1209)

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Fit and Habitable Premises: Tenants have the right to a fit and habitable rental unit. Landlords must make repairs necessary to keep the premises safe and habitable. (§55.1-1220)

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Repair and Deduct: If a serious health or safety issue is not addressed within 14 days after written notice, tenants may hire a licensed contractor and deduct the cost from rent, subject to statutory limits. (§55.1-1244.1)

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Uninhabitable Dwelling Unit at Move-In: If the unit contains serious hazards at move-in, tenants may terminate the lease and request a refund of deposits and rent paid. (§55.1-1234.1)

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Notification of Rent Increase / Nonrenewal: Certain landlords must provide at least 60 days’ written notice of rent increases or lease nonrenewal when the lease contains an automatic renewal or renewal option. (§55.1-1204(K))

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Eviction: Landlords may not evict tenants without following the legal court eviction process. (§§55.1-1245, 1252)

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Unlawful Exclusion / Essential Services: Landlords may not unlawfully exclude tenants, interrupt essential services, or make the premises unlivable. Tenants may seek relief through General District Court. (§55.1-1243.1)

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Domestic Violence – Right to Change Locks: Certain tenants with qualifying court orders may request lock changes for safety purposes. (§55.1-1230)

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Domestic Violence – Right to Terminate Lease: Victims of qualifying abuse or criminal acts may terminate their lease early under certain legal conditions. (§55.1-1236)

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Redemption (Pay & Stay): Tenants may have the right to pay the balance owed and stop an eviction before the sheriff executes the eviction. (§55.1-1250)

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Fair Housing: Tenants may file a fair housing complaint if a landlord or property manager violates the Virginia Fair Housing Act. (§36-96.1 et seq.)

 

Tenant Responsibilities

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Rent: Unless otherwise stated in the lease, rent is due in equal monthly payments on or before the first day of each month. (§55.1-1204)

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Late Fees: Late fees may only be charged if required by the lease and may not exceed 10% of the monthly rent or unpaid balance, whichever is less. (§55.1-1204(E))

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Insurance: Tenants may be required to maintain renters insurance and/or damage insurance. (§§55.1-1206, 1208)

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Access: Tenants must allow landlords reasonable access to the property for inspections, maintenance, or repairs. Except in emergencies, landlords generally must provide 72 hours’ notice for maintenance access. (§55.1-1229)

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Maintain Fit and Habitable Premises: Tenants must keep the premises clean and safe, promptly report mold, insects, or pests, and use reasonable efforts to prevent damage. (§55.1-1227)

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For additional information, visit the Virginia Department of Housing and Community Development website.

(www.dhcd.virginia.gov/landlord-tenant-resources) pursuant to §36-139 Code of Virginia.