Virginia Landlord-Tenant Law
The rules for renting in Virginia — security deposits, eviction, ending a lease, repairs and rent — with the statute or official page behind every answer.
Quick answers for Virginia
- Security deposit limit
- Two months' periodic rent. Va. Code 55.1-1226(A)
- Deposit return deadline
- 45 days after termination of the tenancy or the date the tenant vacates, whichever is later. Va. Code 55.1-1226(A)
- Notice for unpaid rent
- 14-day written pay-or-quit notice. Va. Code 55.1-1245(F)
- Ending a month-to-month lease
- Landlord or tenant: written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period. Va. Code 55.1-1253(A)
- Landlord entry notice
- Landlord must give notice of intent to enter and enter only at reasonable times; at least 72 hours' notice for routine maintenance not requested by the tenant. No notice needed in an emergency, when impractical, or when the tenant requested the maintenance. Va. Code 55.1-1229
- Rent control / increase limits
- No statewide rent control or rent-increase cap, and no Virginia statute authorizes local rent control. Va. Code Title 55.1, Ch. 12 (no cap); 2026 HB 278 / SB 355
Last verified against official sources: 2026-10-22
Security Deposits in Virginia
| Security deposit limit | Two months' periodic rent. If the landlord also requires damage insurance, deposit plus insurance premiums combined may not exceed two months' rent (DHCD Statement of Tenant Rights, July 1, 2026). Source: Va. Code 55.1-1226(A) |
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| Deposit return deadline | 45 days after termination of the tenancy or the date the tenant vacates, whichever is later. Landlord gets 15 additional days to itemize damages that require a third-party contractor, if timely notice is given (55.1-1226(E)). Move-out inspection must be made within 72 hours of delivery of possession (DHCD Statement of Tenant Rights, 2026). Last amended 2023 cc. 433, 434. Source: Va. Code 55.1-1226(A) |
| Itemized deductions | Required: written notice itemizing the deposit and any deductions, damages and charges, delivered with any refund within the 45-day period. Source: Va. Code 55.1-1226(A) |
| Interest on deposits | Not required under current law. Current text of 55.1-1226 contains no interest-on-deposit requirement. (Older versions of Virginia law required interest; date of repeal not verified.) Source: Va. Code 55.1-1226 |
| Penalty for withholding | If the landlord willfully fails to comply, the court shall order return of the deposit plus actual damages and reasonable attorney fees (if the tenant owes rent, the deposit amount is credited against rent due). No statutory multiplier (e.g., double damages). Source: Va. Code 55.1-1226(E) |
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Eviction in Virginia
| Notice for unpaid rent | 14-day written pay-or-quit notice. Amended 2025 cc. 684, 688 and 2026 cc. 353, 354, 844. A version effective July 1, 2027 (2026 c. 1105) will require landlords owning more than four units (or >10% interest in more than four) to offer a payment plan (lesser of six months or the remaining lease term) for arrears up to one month's rent plus late charges; the tenant then has 14 days to pay in full or enter the plan. Tenants may redeem by paying the full balance by the return date, and after judgment up to 48 hours before the scheduled eviction (55.1-1250). Source: Va. Code 55.1-1245(F) |
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| Notice for lease violations | Remediable breach: 21 days to remedy, lease terminates not less than 30 days after notice if not remedied. Non-remediable breach: termination not less than 30 days after notice; immediate termination for non-remediable criminal or willful acts threatening health or safety. Repeat breach of like nature: 30-day termination notice without cure. Source: Va. Code 55.1-1245(A)-(E) |
| Lockouts & utility shutoffs | Willful unlawful removal/exclusion of a tenant or interruption of an essential service without court authority: tenant may recover actual damages plus statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees; court may order return to the unit and restoration of services. Enacted 2021 Sp. Sess. I, cc. 403, 404. Source: Va. Code 55.1-1243.1 |
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Notice to Vacate in Virginia
| Ending a month-to-month lease | Landlord or tenant: written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period. Owners of multifamily premises not renewing 20 or more (or 50%+) month-to-month tenancies within 30 days must give 60 days' notice (55.1-1253(B)). Landlords with more than four units must give 60 days' written notice of nonrenewal or of a rent increase on leases with renewal options (55.1-1204(K)); from July 1, 2027, rent-increase notice on such leases becomes at least 90 days (2026 c. 1066). Source: Va. Code 55.1-1253(A) |
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Landlord Entry in Virginia
| Landlord entry notice | Landlord must give notice of intent to enter and enter only at reasonable times; at least 72 hours' notice for routine maintenance not requested by the tenant. No notice needed in an emergency, when impractical, or when the tenant requested the maintenance. Statute sets no specific hour count for non-maintenance entries. Source: Va. Code 55.1-1229 |
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Repairs & Habitability in Virginia
| Repair and deduct | Yes. If the landlord does not take reasonable steps within 14 days after written notice of a material noncompliance or hazard, the tenant may hire a licensed contractor (or licensed pest business for rodents) and deduct actual costs up to the greater of one month's rent or $1,500, after giving the landlord an itemized statement with receipts. Not available if tenant/guest caused the condition, the landlord was denied access, or the landlord already fixed it. Source: Va. Code 55.1-1244.1 |
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| Withholding rent | No self-help withholding. Tenant may file a tenant's assertion in general district court and pay rent into court escrow (within five days of each due date); more than 30 days after the landlord receives written notice is presumed an unreasonable delay. Initial hearing within 15 calendar days of service on the landlord. Amended version effective January 1, 2027 (2026 c. 1118) lets tenants file without first paying past-due rent; they pay rent coming due during the case into escrow. Court may abate rent, order repairs, or terminate the lease; if not repaired within six months, escrow may be awarded to the tenant. Source: Va. Code 55.1-1244 |
| Retaliation protection | Landlord may not raise rent, decrease services, bring or threaten an action for possession, or terminate the lease in retaliation for a tenant's code complaint to a government agency, complaint to the landlord or lawsuit about a VRLTA violation, organizing/joining a tenants' organization, or testifying against the landlord. Tenant bears the burden of proving retaliatory intent; no statutory presumption period. Version effective January 1, 2027 (2026 c. 1111) expands protected acts (e.g., complaints to media, fair housing complaints) and prohibited actions (e.g., raising fees, selective rule enforcement, harassment, certain nonrenewals). Remedies: VRLTA remedies including actual damages; retaliation is a defense to possession. Source: Va. Code 55.1-1258 |
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Rent Increases & Late Fees in Virginia
| Rent control / increase limits | No statewide rent control or rent-increase cap, and no Virginia statute authorizes local rent control. 2026 bills to authorize local rent control did not pass: HB 278 was referred to the Virginia Housing Commission for study and SB 355 was continued to 2027 (VHC study plan, May 19, 2026). Localities' lack of authority rests on the Dillon Rule rather than an express preemption statute (not separately verified). |
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| Late fees | Only if provided in the written rental agreement; capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due. Where there is no written lease, rent is late if not paid by the 5th of the month. Payment-processing fees restricted unless a no-fee payment method is offered (55.1-1204(J)). Section amended 2025 cc. 554, 562, 627, 655 and 2026 cc. 722, 723. Source: Va. Code 55.1-1204(E), (C) |
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Breaking a Lease in Virginia
| Ending a lease: domestic violence | Yes. A tenant who is a victim of family abuse, sexual abuse or criminal sexual assault, stalking, or human trafficking may terminate if, during the current lease, the victim obtained a qualifying protective order (and gives notice while it is in effect), or a perpetrator was convicted or charged (warrant, summons, information or indictment) for such a crime against the victim. The tenant serves written notice of termination effective 28 days after service, with a copy of the order or charging/conviction document. Rent is owed through the effective date; no liquidated damages. Co-tenants remain liable; if the perpetrator is the remaining sole tenant, the landlord may terminate and pursue the perpetrator for damages. Trafficking victims added by 2025, c. 593. A conviction order supports termination of the current lease and one later lease. Source: Va. Code § 55.1-1236 |
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| Ending a lease: military, medical, death | Military: members of the U.S. Armed Forces or National Guard on full-time duty (or NG civil service technicians) may terminate upon permanent change of station orders, temporary duty orders over 3 months, discharge/release, orders to government quarters, or a stop-movement order of 30+ days preventing occupancy. Written notice effective no sooner than 30 days after the next rent due date, with a copy of orders or a commanding officer's letter before the termination date; no liquidated damages. Tenant death: a lease with a sole tenant still residing is deemed terminated on the date of death; the estate remains liable for actual damages subject to mitigation. § 55.1-1235 amended 2026, cc. 82, 83. No medical/senior termination statute found. |
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Squatters & Abandoned Property in Virginia
| Squatters / unauthorized occupants | No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in possession, and a summons issues. Self-help removal of tenants is not allowed. § 8.01-126 has a version effective July 1, 2027. Source: Va. Code § 8.01-126(B) |
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| Belongings left behind | After the rental agreement ends and possession is delivered, property left in the unit, premises or landlord storage may be treated as abandoned and disposed of as the landlord sees fit, if the landlord gave one of: (i) a termination notice stating that property left would be disposed of within 24 hours after termination; (ii) a § 55.1-1249 notice (absence/abandonment) stating property would be disposed of within 24 hours after the 7-day notice period; or (iii) a separate written notice stating property would be disposed of 24 hours after a 10-day period. The tenant may retrieve property at reasonable times until disposal. Sale proceeds go first to amounts owed and costs; any remainder is treated as a security deposit. Does not apply after a writ of eviction is executed. Deceased sole tenant: 10 days' written notice to the authorized contact (or the tenant) before disposal. Deceased-tenant section: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1256/. Notices are given under § 55.1-1202. |
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Rental Fees in Virginia
| Application / screening fees | Nonrefundable application fee capped at $50 ($32 for public housing or other HUD-regulated units), plus actual out-of-pocket third-party screening costs. A refundable application deposit may also be required; if the applicant does not rent, the excess over actual expenses must be refunded with an itemized list within 20 days (10 days if paid by cash or certified funds and the landlord rejected the application). Landlords must consider evidence that an applicant is a family-abuse victim to mitigate a low credit score. Starting July 1, 2027, before collecting any payment or information the landlord must disclose in writing or by posting the fees and whether refundable, selection criteria, automatic-denial criteria, the consumer reporting agency used, and the applicant's right to a free report copy and to dispute it. Pre-application disclosure added by 2026, c. 1050, effective July 1, 2027. Source: Va. Code § 55.1-1203 |
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| Other rental fees | Fee disclosure: beginning on the first page of the written lease, the landlord must itemize all charges that make up the security deposit, the rent due per payment period, and any one-time charges due before the start date or included in the first payment, under the statutory statement that no additional security deposits or rent may be charged unless listed or added by later addendum. Enacted 2024, cc. 788, 826; amended 2025, c. 567. Source: Va. Code § 55.1-1204.1 |
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Section 8, Records & Right to Counsel in Virginia
| Section 8 / source of income | Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. 'Source of funds' means any source that lawfully provides funds to or for a renter, including any assistance, benefit, or subsidy program, governmental or not (§ 36-96.1:1, https://law.lis.virginia.gov/vacode/title36/chapter5.1/section36-96.1:1/), which covers housing vouchers. Exemptions in § 36-96.2 (e.g., certain small landlords) were not reviewed. Source: Va. Code § 36-96.3(A) |
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| Eviction record sealing | Yes (expungement). For unlawful detainer cases with no order of possession, the general district court must automatically expunge records, without petition or hearing, once 30 days pass after dismissal or 6 months pass after a voluntary nonsuit. A tenant who won a judgment is not automatically covered but may petition, and the court must expunge without a hearing. For cases filed before July 1, 2024, the tenant may petition on a Supreme Court form for expungement of dismissed (30 days) or nonsuited (6 months) cases with no order of possession. Created 2020, c. 1013; automatic expungement added 2024, c. 372. Source: Va. Code § 8.01-130.01 |
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Mold, Pests, Heat & AC in Virginia
| Mold | Yes — detailed statute. Disclosure: the move-in inspection report must state whether there is visible evidence of mold in readily accessible interior areas; a 'no visible mold' statement is deemed correct unless the tenant objects in writing within 5 days. If mold is disclosed, the tenant may terminate and not take (or keep) possession, or take possession and have the landlord remediate within 5 business days, reinspect and issue a new report. Duty: the landlord must maintain the premises to prevent moisture accumulation and mold growth, respond promptly to tenant notices, and promptly remediate visible mold to professional standards, reinspect, and give the tenant a summary of remediation information. Where mold materially affects health or safety, the landlord may relocate the tenant for up to 30 days to a comparable unit or hotel at no cost to the tenant (rent continues). Tenants must use reasonable efforts to prevent moisture and mold and promptly report it. Disclosure text: https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1215/. After proper remediation the landlord need not disclose past mold to later tenants. |
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| Pests & bed bugs | The landlord's general duty to keep the premises fit and habitable and to comply with housing codes applies. The tenant must keep the part of the unit the tenant occupies free from insects and pests and promptly notify the landlord of them, and is financially responsible for added treatment costs caused by unreasonable delay in reporting and for treatment costs caused by the tenant's fault in failing to prevent infestation. The landlord must give at least 48 hours' written notice before applying insecticide or pesticide in a unit (unless the tenant requested it or agrees to less), post notice for common-area applications, and the tenant must prepare the unit per the landlord's written instructions. No separate bed-bug disclosure statute. |
| Heat | Yes. The landlord must supply heat in season (unless heat is generated by equipment within the tenant's exclusive control or supplied by a direct public utility connection) and keep heating facilities in good and safe working order. Heat is an 'essential service'; if the landlord willfully or negligently fails to supply it, the tenant may give written notice and, after a reasonable time to correct, pursue statutory remedies (such as damages for reduced rental value). State law sets no minimum temperature or dates for the heating season; local codes may. |
| Air conditioning | No duty to install air conditioning, but if air conditioning is provided the landlord must supply reasonable air conditioning and keep it in good and safe working order. Central air conditioning supplied by the landlord and operating (or represented as operating) when the lease takes effect is an 'essential service' so a willful or negligent failure to supply it triggers the same tenant remedies. State law sets no maximum indoor temperature. |
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Privacy, Guests & Animals in Virginia
| Cameras & privacy | No landlord camera statute. It is a Class 1 misdemeanor (Class 6 felony if the person is under 18) to knowingly create a video or still image of a nonconsenting person who is nude, in undergarments or undressed in a restroom, dressing room, locker room, hotel room, bedroom or other location where the person has a reasonable expectation of privacy. Virginia is a one-party consent state for audio interception. Tenants may install their own security systems (such as landlord-approved chain latches) subject to statutory conditions. § 18.2-386.1 was amended in 2026 (2026, c. 539). Interception statute: https://law.lis.virginia.gov/vacode/title19.2/chapter6/section19.2-62/. Landlord entry generally requires 72 hours' notice for routine maintenance not requested by the tenant (§ 55.1-1229). |
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| Guests & occupants | Statutory definitions: an 'authorized occupant' lives in the unit with the landlord's consent but has not signed the lease and has no tenant financial obligations; a 'guest or invitee' has the tenant's permission to visit but not to occupy. No statewide occupancy limit; the lease governs. The tenant is responsible for the conduct of persons on the premises with the tenant's consent. A landlord may bar a guest or invitee from the property by written notice personally served for conduct that violates the lease or law (copy to the tenant), and may seek a trespass warrant; the tenant may challenge the bar by a tenant's assertion in general district court. |
| Service & support animals (state law) | A person with a disability who keeps an assistance animal must follow lease rules that apply to all residents (if they do not interfere with equal use), may not be charged a pet fee, pet deposit or additional rent for the animal, but is responsible for physical damage to the same extent pet owners are. If the disability and need are obvious or known, the housing provider may not ask for more verification; otherwise it may request reliable documentation of the disability and the disability-related need, including from anyone with a 'therapeutic relationship' with the person (licensed mental health providers, licensed disability service providers, certain peer support persons, caregivers or government entities with actual knowledge). Providing fraudulent supporting documentation is a prohibited practice under the Virginia Consumer Protection Act. Amended in 2023 (2023, c. 439). The statute penalizes fraudulent documentation by providers; it does not create a separate penalty for tenants misrepresenting an animal. Source: Va. Code § 36-96.3:1 |
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How eviction works in Virginia
Eviction cases are heard in: General District Court (unlawful detainer).
- Written termination notice (14-day pay-or-quit for nonpayment; 21/30-day or 30-day notice for breach)
- File unlawful detainer (sworn statement) with the general district court; summons served at least 10 days before the return date
- Initial hearing (return date) as soon as practicable, no more than 21 days after filing (no later than 30 days); tenant may redeem by paying the full balance by the return date
- Judgment for possession
- Writ of eviction requested within 180 days of judgment; writ vacated if not executed within 30 days of issuance
- Sheriff serves notice at least 72 hours before executing the writ; tenant may cancel the eviction by paying the full balance at least 48 hours before the scheduled eviction
Initial hearing within 21 days of filing (outer limit 30 days); summons must be served at least 10 days before the return date.
Source: Va. Code 8.01-126; 8.01-470; 8.01-471; 55.1-1250
What surprises people about Virginia rental law
- Lockouts and utility shutoffs carry statutory damages of at least $5,000 or four months' rent (Va. Code 55.1-1243.1)
- Tenants can repair-and-deduct up to the greater of one month's rent or $1,500 using a licensed contractor (Va. Code 55.1-1244.1)
- Tenants can stop an eviction for nonpayment by paying the full balance up to 48 hours before the sheriff's scheduled eviction (Va. Code 55.1-1250)
- Landlords must give 72 hours' notice before routine maintenance entry (Va. Code 55.1-1229)
- Several VRLTA changes take effect in 2027: expanded retaliation protections (Jan. 1, 2027), tenant's assertion without prepaying arrears (Jan. 1, 2027), 90-day rent increase notice and mandatory payment plans for larger landlords (July 1, 2027) (Va. Code 55.1-1258, 55.1-1244, 55.1-1204, 55.1-1245)
- Landlords must give tenants the DHCD Statement of Tenant Rights and Responsibilities (DHCD, updated July 1, 2026)
Federal law that also applies in Virginia
These federal rules apply on top of Virginia law, mostly to discrimination, servicemembers, survivors and federally assisted housing:
- Fair Housing Act: protected classes, covered housing and exemptions: Save every listing, text and email. A discriminatory ad is illegal even when the landlord's unit is otherwise exempt. More
- Assistance animals (service and emotional support animals) in housing: Ask for the accommodation in writing, keep a copy, and if a disability or the need for the animal is not obvious, offer reliable documentation of it. More
- Servicemembers Civil Relief Act: ending a lease early: Deliver the notice and orders by a method you can prove, such as certified mail with return receipt, and keep copies. More
- Servicemembers Civil Relief Act: eviction protection: Tell the court in writing that you or your spouse are on active duty and ask for an SCRA stay. More
- VAWA housing protections: Ask the landlord or housing authority for its VAWA emergency transfer plan and request a transfer in writing. More
- CARES Act 30-day notice to vacate (covered dwellings): If your building has a federally backed mortgage or federal subsidy and you received less than 30 days' notice to vacate, raise the CARES Act as a defense. More
- HUD 30-day nonpayment notice (public housing and project-based Section 8): If you pay the full amount listed in the notice within 30 days, the landlord cannot file for eviction over that rent. More
- Housing Choice Voucher (Section 8) basics for private landlords: If a voucher landlord asks for 'side payments' above your share of the rent, refuse and report it to your PHA. More
- Lead-based paint disclosure (pre-1978 housing): If your pre-1978 lease came with no lead disclosure form and pamphlet, ask for them in writing before signing. More
- FCRA tenant screening: adverse action notices and disputes: Request your free report from the screening company within 60 days of a denial and dispute any errors in writing with supporting documents. More
- Rental 'junk fee' rulemaking and enforcement (FTC/CFPB): Before paying an application fee, ask in writing for the total monthly cost including every mandatory fee. More
- Federal eviction moratoria: Check your state and city rules, since any eviction pause now comes from local, not federal, law. More
City rules in Virginia
These cities add their own tenant protections on top of state law:
Eviction by county in Virginia
Which court hears evictions, filing fees, local rent levels and help:
- Eviction in Fairfax County
- Eviction in Arlington County
- Eviction in Virginia Beach
- Eviction in Richmond
- Eviction in Norfolk
- Eviction in Henrico County
- Eviction in Alexandria
- Eviction in Prince William County
- Eviction in Newport News
- Eviction in Chesterfield County
- Eviction in Loudoun County
For landlords
How to evict a tenant in Virginia — steps, cost, timeline and forms.
Common Virginia questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- Can I withhold rent for repairs?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
Free calculators
- Notice Deadline Calculator
- Security Deposit Deadline Calculator
- Late Fee Checker
- Rent Increase Calculator
How Virginia compares to neighboring states
| State | Security deposit limit | Deposit return deadline | Notice for unpaid rent |
|---|---|---|---|
| Virginia | Two months' periodic rent. Va. Code 55.1-1226(A) | 45 days after termination of the tenancy or the date the tenant vacates, whichever is later. Va. Code 55.1-1226(A) | 14-day written pay-or-quit notice. Va. Code 55.1-1245(F) |
| Kentucky | No statutory cap (statewide or under URLTA). KRS 383.580 | Non-URLTA areas: no statute. URLTA areas: no fixed refund deadline; if the tenant leaves owing no rent with a refund due, the landlord must send notice of the refund amount to the tenant's last known address and may keep the deposit if the tenant does not respond within 60 days. If the tenant leaves without paying the last month's rent and does not demand the deposit, the landlord may apply it after 30 days. KRS 383.580(6)-(7) | URLTA areas: 7 days' written notice to pay or the lease terminates. Non-URLTA areas: no statutory pre-filing notice period for nonpayment was found; terms are governed by the lease. KRS 383.660(2) |
| Maryland | 1 month's rent per dwelling unit, regardless of the number of tenants. Up to 2 months' rent is allowed only if the tenant qualifies for Department of Human Services utility assistance, the lease requires the tenant to pay utilities directly to the landlord, and both agree in writing. A landlord who charges more than the cap can be sued for up to 3 times the extra amount plus reasonable attorney's fees. Md. Code, Real Prop. § 8-203(b)(1)-(3) | Within 45 days after the tenancy ends, the landlord must return the deposit plus accrued interest, less damages rightfully withheld. Md. Code, Real Prop. § 8-203(e)(1) | Before filing a failure-to-pay-rent case, the landlord must give the tenant written notice of intent to file (Maryland Judiciary form DC-CV-115) giving the tenant 10 days to pay. Notice may be sent by first-class mail with certificate of mailing, affixed to the door, or (if the tenant elected it) by email, text, or tenant portal with proof of transmission. The complaint must state the date notice was given. Md. Code, Real Prop. § 8-401(c) |
| North Carolina | 2 weeks' rent (week-to-week tenancy); 1.5 months' rent (month-to-month); 2 months' rent (terms longer than month-to-month) N.C. Gen. Stat. § 42-51(b) | 30 days after the tenancy ends and possession is delivered. If the landlord's claim can't be determined in 30 days, an interim accounting is due in 30 days and a final accounting within 60 days. N.C. Gen. Stat. § 42-52 | If the lease has no forfeiture (re-entry) clause for nonpayment, the landlord must make a demand for all past-due rent and wait 10 days before the term is forfeited. If the lease has such a clause, the statute requires no pre-filing notice. N.C. Gen. Stat. § 42-3; § 42-26(a)(2) |
| Tennessee | No statutory cap on the amount of a security deposit. T.C.A. 66-28-301 | No fixed number of days for returning the deposit. In URLTA counties, if the tenant leaves owing no rent and is due a refund, the landlord must send notice of the refund amount to the tenant's last known or reasonably determinable address. If the tenant does not respond within 60 days of that notice, the landlord may keep the deposit. Move-out inspection: on the move-out day or within 4 calendar days after it. T.C.A. 66-28-301(b)(1)(A), (f) | 14 days. URLTA counties: written notice that the lease will end unless the rent is paid within 14 days after the tenant receives the notice. The tenant can cure by paying. Notice may be waived only by a waiver in 12-point or larger bold type in the lease, and the 5-day late-fee grace period still applies. Non-URLTA counties: 14 days' notice for rent that is due and in arrears, upon demand. The lease does not end if the tenant pays before the date in the notice. T.C.A. 66-28-505(a)(2), (b); 66-28-201(c); 66-7-109(a) |
| West Virginia | No statutory cap on the amount of a security deposit. W. Va. Code §§ 37-6A-1, 37-6A-2 | Within the 'notice period': 60 days after the tenancy ends, or 45 days after a new tenant occupies the unit, whichever is shorter. W. Va. Code § 37-6A-2(a); § 37-6A-1 (definition of 'notice period') | No pre-filing notice required by statute. Landlord may file a verified petition for summary relief for rent arrears directly in magistrate or circuit court. W. Va. Code § 55-3A-1(a) |
| District of Columbia | May not exceed the initial monthly rent (one month's rent), and must be held in an interest-bearing account. 14 DCMR §§ 308-311; D.C. Code § 42-3502.17 (as summarized in OTA Tenant Bill of Rights, Form OTA 2026.09.25) | Within 45 days after the tenant vacates, the landlord must either return the deposit (with interest for tenancies of 12+ months) or give written notice of amounts claimed. If amounts are claimed, the balance must be returned within 30 days after that notice. 14 DCMR § 309; D.C. Code § 42-3502.17(e) | At least 10 days' written notice of intent to file before filing a nonpayment eviction, on the statutory form (amount owed, ledger, right to cure, tenant-help phone numbers), sent by certified/tracked mail plus hand delivery or posting. No eviction case may be filed if less than $600 is owed, and no eviction for unpaid late fees. D.C. Code §§ 42-3505.01(a)(1), (a-1); 16-1501 |
Virginia landlord-tenant FAQ
How much can a landlord charge for a security deposit in Virginia?
Two months' periodic rent. (Va. Code 55.1-1226(A))
How long does a landlord have to return a security deposit in Virginia?
45 days after termination of the tenancy or the date the tenant vacates, whichever is later. (Va. Code 55.1-1226(A))
Does a landlord have to pay interest on a security deposit in Virginia?
Not required under current law. (Va. Code 55.1-1226)
Does a landlord in Virginia have to give an itemized list of deposit deductions?
Required: written notice itemizing the deposit and any deductions, damages and charges, delivered with any refund within the 45-day period. (Va. Code 55.1-1226(A))
What happens if a landlord in Virginia wrongfully keeps a security deposit?
If the landlord willfully fails to comply, the court shall order return of the deposit plus actual damages and reasonable attorney fees (if the tenant owes rent, the deposit amount is credited against rent due). (Va. Code 55.1-1226(E))
How much notice does a landlord have to give before evicting for unpaid rent in Virginia?
14-day written pay-or-quit notice. (Va. Code 55.1-1245(F))
How much notice is required to evict for a lease violation in Virginia?
Remediable breach: 21 days to remedy, lease terminates not less than 30 days after notice if not remedied. Non-remediable breach: termination not less than 30 days after notice; immediate termination for non-remediable criminal or willful acts threatening health or safety. Repeat breach of like nature: 30-day termination notice without cure. (Va. Code 55.1-1245(A)-(E))
How much notice is needed to end a month-to-month lease in Virginia?
Landlord or tenant: written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period. (Va. Code 55.1-1253(A))
Can a landlord enter without notice in Virginia?
Landlord must give notice of intent to enter and enter only at reasonable times; at least 72 hours' notice for routine maintenance not requested by the tenant. No notice needed in an emergency, when impractical, or when the tenant requested the maintenance. (Va. Code 55.1-1229)
Is there a limit on late fees in Virginia?
Only if provided in the written rental agreement; capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due. Where there is no written lease, rent is late if not paid by the 5th of the month. (Va. Code 55.1-1204(E), (C))
Can a tenant repair and deduct from rent in Virginia?
Yes. If the landlord does not take reasonable steps within 14 days after written notice of a material noncompliance or hazard, the tenant may hire a licensed contractor (or licensed pest business for rodents) and deduct actual costs up to the greater of one month's rent or $1,500, after giving the landlord an itemized statement with receipts. (Va. Code 55.1-1244.1)
Can a tenant withhold rent for repairs in Virginia?
No self-help withholding. Tenant may file a tenant's assertion in general district court and pay rent into court escrow (within five days of each due date); more than 30 days after the landlord receives written notice is presumed an unreasonable delay. Initial hearing within 15 calendar days of service on the landlord. (Va. Code 55.1-1244)
Can a landlord retaliate against a tenant for complaining in Virginia?
Landlord may not raise rent, decrease services, bring or threaten an action for possession, or terminate the lease in retaliation for a tenant's code complaint to a government agency, complaint to the landlord or lawsuit about a VRLTA violation, organizing/joining a tenants' organization, or testifying against the landlord. Tenant bears the burden of proving retaliatory intent; no statutory presumption period. (Va. Code 55.1-1258)
Is there rent control or a limit on rent increases in Virginia?
No statewide rent control or rent-increase cap, and no Virginia statute authorizes local rent control. (Va. Code Title 55.1, Ch. 12 (no cap); 2026 HB 278 / SB 355)
Can a landlord change the locks or shut off utilities in Virginia?
Willful unlawful removal/exclusion of a tenant or interruption of an essential service without court authority: tenant may recover actual damages plus statutory damages of $5,000 or four months' rent, whichever is greater, and reasonable attorney fees; court may order return to the unit and restoration of services. (Va. Code 55.1-1243.1)
What is the small claims court limit in Virginia for a deposit dispute?
$5,000, exclusive of interest. (Va. Code 16.1-122.2)
How do you remove a squatter in Virginia?
No police-removal or affidavit procedure in the Code. An owner must use unlawful detainer: the person entitled to possession files a sworn statement with a magistrate or general district court clerk or judge describing the premises and the facts authorizing removal of the person in possession, and a summons issues. Self-help removal of tenants is not allowed. (Va. Code § 8.01-126(B))
What can a landlord do with a tenant's abandoned property in Virginia?
After the rental agreement ends and possession is delivered, property left in the unit, premises or landlord storage may be treated as abandoned and disposed of as the landlord sees fit, if the landlord gave one of: (i) a termination notice stating that property left would be disposed of within 24 hours after termination; (ii) a § 55.1-1249 notice (absence/abandonment) stating property would be disposed of within 24 hours after the 7-day notice period; or (iii) a separate written notice stating property would be disposed of 24 hours after a 10-day period. The tenant may retrieve property at reasonable times until disposal. Sale proceeds go first to amounts owed and costs; any remainder is treated as a security deposit. Does not apply after a writ of eviction is executed. Deceased sole tenant: 10 days' written notice to the authorized contact (or the tenant) before disposal. (Va. Code § 55.1-1254; § 55.1-1256)
Is there a limit on rental application fees in Virginia?
Nonrefundable application fee capped at $50 ($32 for public housing or other HUD-regulated units), plus actual out-of-pocket third-party screening costs. A refundable application deposit may also be required; if the applicant does not rent, the excess over actual expenses must be refunded with an itemized list within 20 days (10 days if paid by cash or certified funds and the landlord rejected the application). Landlords must consider evidence that an applicant is a family-abuse victim to mitigate a low credit score. Starting July 1, 2027, before collecting any payment or information the landlord must disclose in writing or by posting the fees and whether refundable, selection criteria, automatic-denial criteria, the consumer reporting agency used, and the applicant's right to a free report copy and to dispute it. (Va. Code § 55.1-1203)
What rental fees are banned or limited in Virginia?
Fee disclosure: beginning on the first page of the written lease, the landlord must itemize all charges that make up the security deposit, the rent due per payment period, and any one-time charges due before the start date or included in the first payment, under the statutory statement that no additional security deposits or rent may be charged unless listed or added by later addendum. (Va. Code § 55.1-1204.1)
Can a domestic violence survivor break a lease in Virginia?
Yes. A tenant who is a victim of family abuse, sexual abuse or criminal sexual assault, stalking, or human trafficking may terminate if, during the current lease, the victim obtained a qualifying protective order (and gives notice while it is in effect), or a perpetrator was convicted or charged (warrant, summons, information or indictment) for such a crime against the victim. The tenant serves written notice of termination effective 28 days after service, with a copy of the order or charging/conviction document. Rent is owed through the effective date; no liquidated damages. Co-tenants remain liable; if the perpetrator is the remaining sole tenant, the landlord may terminate and pursue the perpetrator for damages. (Va. Code § 55.1-1236)
When can a tenant break a lease without penalty in Virginia?
Military: members of the U.S. Armed Forces or National Guard on full-time duty (or NG civil service technicians) may terminate upon permanent change of station orders, temporary duty orders over 3 months, discharge/release, orders to government quarters, or a stop-movement order of 30+ days preventing occupancy. Written notice effective no sooner than 30 days after the next rent due date, with a copy of orders or a commanding officer's letter before the termination date; no liquidated damages. Tenant death: a lease with a sole tenant still residing is deemed terminated on the date of death; the estate remains liable for actual damages subject to mitigation. (Va. Code § 55.1-1235; § 55.1-1256(C))
Can an eviction record be sealed or removed in Virginia?
Yes (expungement). For unlawful detainer cases with no order of possession, the general district court must automatically expunge records, without petition or hearing, once 30 days pass after dismissal or 6 months pass after a voluntary nonsuit. A tenant who won a judgment is not automatically covered but may petition, and the court must expunge without a hearing. For cases filed before July 1, 2024, the tenant may petition on a Supreme Court form for expungement of dismissed (30 days) or nonsuited (6 months) cases with no order of possession. (Va. Code § 8.01-130.01)
Can a landlord refuse Section 8 vouchers in Virginia?
Yes. The Virginia Fair Housing Law bars refusing to rent, discriminating in terms, discriminatory advertising, and misrepresenting availability because of 'source of funds'. (Va. Code § 36-96.3(A))
What does a Virginia notice to pay rent or quit have to include?
Written 14-day notice stating the nonpayment and that the landlord intends to terminate the rental agreement if rent is not paid within 14 days. For a bounced check or rejected electronic payment, the notice may require payment by cash, cashier's check, certified check or completed electronic transfer. To recover statutory attorney fees/costs, a § 55.1-1202 notice may be included in the 14-day notice. Public housing authorities must attach recertification/hardship/grievance information on pink or orange paper. Notices to voucher holders and public housing tenants must list legal aid contact information on the first page. Service: at the tenant's last known residence (may be the unit); electronic notice if the lease provides, unless the tenant elects paper. (Va. Code § 55.1-1245(F), (G); § 55.1-1202)
What does a Virginia notice to end a month-to-month tenancy have to include?
Either party may end a month-to-month tenancy by written notice served at least 30 days before the next rent due date (7 days for week-to-week), unless the lease sets a different period. Owners of multifamily premises not renewing the greater of 20 or 50% of month-to-month tenancies within 30 days must give 60 days' written notice (not required for nonpayment). Notices are served per § 55.1-1202. Voucher-holder and public-housing termination notices must include legal aid information on page one to be effective. (Va. Code § 55.1-1253(A), (B); § 55.1-1202(D))
What must a Virginia security deposit itemization include?
Within 45 days after the tenancy ends or the tenant moves out (whichever is later), the landlord must give written notice itemizing the deposit and all deductions, damages and charges, with any amount due the tenant. If damages exceed the deposit and need a third-party contractor, the landlord must say so within the 45 days and then has 15 more days to itemize damages and repair costs. After the move-out inspection (which the tenant may attend if requested), the landlord provides a written security deposit disposition statement with an itemized list of damages. Deductions during the tenancy require written notice within 30 days itemizing the reasons. Records of deductions must be kept for two years. Willful noncompliance: return of deposit, actual damages and attorney's fees. (Va. Code § 55.1-1226(A), (E)-(G))
How long does a landlord have to sue for unpaid rent in Virginia?
5 years for an action on a written contract signed by the party to be charged (or the party's agent), such as a signed written lease. 3 years for an unwritten (oral) contract, or a written contract not signed by the party to be charged. (Va. Code Sec. 8.01-246(A)(2), (A)(4))
Can a landlord accept rent during an eviction in Virginia?
Accepting FULL payment of rent plus any damages, judgment, attorney fees and court costs bars the landlord from getting an order of possession and evicting for nonpayment (unless the unlawful detainer also states grounds other than nonpayment). A landlord may accept PARTIAL payment and still obtain possession and evict for nonpayment only if it gave the tenant written notice that all amounts would be accepted with reservation and would not waive the right to evict; the notice may be included in the termination notice and must contain statutory language. Tenants also have redemption rights: paying all rent, late charges, fees and costs by the first return date (or presenting a 10-day 'redemption tender' from a local government or nonprofit), or paying all amounts on the summons at least 48 hours before the scheduled writ execution. (Va. Code Sec. 55.1-1250)
Can you be evicted in the winter in Virginia?
No statute — the Virginia Residential Landlord and Tenant Act contains no cold-weather or winter limit on evictions. Separately, Sec. 55.1-1243.1 gives tenants remedies for exclusion from the unit or interruption of services. (Va. Code Title 55.1, Ch. 12 (checked); Sec. 55.1-1243.1)
Can a landlord give notice by text or email in Virginia?
If the rental agreement so provides, landlord and tenant may send notices electronically, but any tenant may elect to send and receive notices on paper; the sender must keep proof of electronic delivery (electronic receipt, fax confirmation, or a certificate of service). Notice to the tenant is served at the tenant's last known place of residence, which may be the dwelling unit. A landlord may delegate written notices to a managing agent by written agreement or use an attorney; electronic signatures are allowed. Termination notices to voucher-assisted tenants must show the statewide legal aid phone number and website on page 1. (Va. Code Sec. 55.1-1202)
How much notice is required for a rent increase in Virginia?
Applies to landlords owning more than four rental units (or more than a 10% interest in more than four units) in Virginia: for a tenant with a renewal option or an automatic-renewal lease, written notice of any rent increase for the next term at least 60 days before the lease term ends (also 60 days' written notice of nonrenewal). Effective July 1, 2027, the rent-increase notice period becomes at least 90 days, and the notice must set a renewal-decision deadline no sooner than 30 days after delivery; nonrenewal notice stays at 60 days. Does not apply to month-to-month holdover tenancies created under Sec. 55.1-1253(C). No statute sets a notice period for smaller landlords or periodic tenancies. (Va. Code Sec. 55.1-1204(K))
Does a landlord have to give a copy of the lease in Virginia?
Yes. The landlord must offer a written rental agreement with the DHCD Statement of Tenant Rights and Responsibilities (tenant signs an acknowledgment form), and must give the tenant a copy of the signed lease and the Statement within 10 business days of the lease's effective date. Failure does not void the lease, but the landlord cannot file or maintain a suit (including unlawful detainer) for a lease violation until the Statement is provided. On request the landlord must give one additional hard copy per year or keep the lease electronically accessible, free of charge. At or before the start of the tenancy the landlord must disclose in writing the name and address of the manager and of an owner or owner's agent; on a sale, the landlord must give the purchaser's name, address and phone number. (Va. Code Sec. 55.1-1204(B), (H); 55.1-1216)
What are tenants' rights in a foreclosure in Virginia?
Single-family rental: the landlord must tell the tenant or prospective tenant in writing within 5 business days after receiving a lender's notice of mortgage default, acceleration or foreclosure sale; if not, the tenant may terminate on 5 business days' written notice. After a foreclosure sale, a buyer who will occupy the unit as a primary residence must give at least 90 days' written notice to vacate; any other buyer takes subject to the lease and the tenant may stay for the remaining term (subject to termination for cause or under the lease), with written notice to the tenant. Rent goes to the successor owner as directed in writing, to the managing agent, or into court escrow; the tenant is not delinquent or charged late fees until the successor names where to pay. On any sale, the landlord must disclose the purchaser's name, address and phone number. (Va. Code Sec. 55.1-1237; 55.1-1216(B))
Does a landlord have to fix mold in Virginia?
Yes — detailed statute. Disclosure: the move-in inspection report must state whether there is visible evidence of mold in readily accessible interior areas; a 'no visible mold' statement is deemed correct unless the tenant objects in writing within 5 days. If mold is disclosed, the tenant may terminate and not take (or keep) possession, or take possession and have the landlord remediate within 5 business days, reinspect and issue a new report. Duty: the landlord must maintain the premises to prevent moisture accumulation and mold growth, respond promptly to tenant notices, and promptly remediate visible mold to professional standards, reinspect, and give the tenant a summary of remediation information. Where mold materially affects health or safety, the landlord may relocate the tenant for up to 30 days to a comparable unit or hotel at no cost to the tenant (rent continues). Tenants must use reasonable efforts to prevent moisture and mold and promptly report it. (Va. Code § 55.1-1215; § 55.1-1220(A)(5); § 55.1-1227(A)(10); § 55.1-1231)
Who pays for pest control and bed bugs in Virginia?
The landlord's general duty to keep the premises fit and habitable and to comply with housing codes applies. The tenant must keep the part of the unit the tenant occupies free from insects and pests and promptly notify the landlord of them, and is financially responsible for added treatment costs caused by unreasonable delay in reporting and for treatment costs caused by the tenant's fault in failing to prevent infestation. The landlord must give at least 48 hours' written notice before applying insecticide or pesticide in a unit (unless the tenant requested it or agrees to less), post notice for common-area applications, and the tenant must prepare the unit per the landlord's written instructions. (Va. Code § 55.1-1220(A)(1)-(2); § 55.1-1227(A)(3), (14); § 55.1-1223)
Does a landlord have to provide heat in Virginia?
Yes. The landlord must supply heat in season (unless heat is generated by equipment within the tenant's exclusive control or supplied by a direct public utility connection) and keep heating facilities in good and safe working order. Heat is an 'essential service'; if the landlord willfully or negligently fails to supply it, the tenant may give written notice and, after a reasonable time to correct, pursue statutory remedies (such as damages for reduced rental value). State law sets no minimum temperature or dates for the heating season; local codes may. (Va. Code § 55.1-1220(A)(4), (7); § 55.1-1200 ('essential service'); § 55.1-1239)
Does a landlord have to provide air conditioning in Virginia?
No duty to install air conditioning, but if air conditioning is provided the landlord must supply reasonable air conditioning and keep it in good and safe working order. Central air conditioning supplied by the landlord and operating (or represented as operating) when the lease takes effect is an 'essential service' so a willful or negligent failure to supply it triggers the same tenant remedies. State law sets no maximum indoor temperature. (Va. Code § 55.1-1220(A)(4), (7); § 55.1-1200; § 55.1-1239)
What can a landlord deduct from a deposit for cleaning or damage in Virginia?
Not defined by statute. The deposit may be applied only to accrued rent and lease-specified late charges, damages from the tenant's breach of statutory tenant duties 'less reasonable wear and tear,' other damages or charges provided in the rental agreement, and actual damages for breach. Deductions must be itemized in a written disposition statement. Cleaning, painting and carpet are not specifically addressed; they depend on the lease and the wear-and-tear limit. (Va. Code § 55.1-1226(A), (E)-(G))
Can a landlord put cameras in or around a rental in Virginia?
No landlord camera statute. It is a Class 1 misdemeanor (Class 6 felony if the person is under 18) to knowingly create a video or still image of a nonconsenting person who is nude, in undergarments or undressed in a restroom, dressing room, locker room, hotel room, bedroom or other location where the person has a reasonable expectation of privacy. Virginia is a one-party consent state for audio interception. Tenants may install their own security systems (such as landlord-approved chain latches) subject to statutory conditions. (Va. Code § 18.2-386.1; § 19.2-62(B)(2); § 55.1-1229(D))
Can a landlord limit guests or roommates in Virginia?
Statutory definitions: an 'authorized occupant' lives in the unit with the landlord's consent but has not signed the lease and has no tenant financial obligations; a 'guest or invitee' has the tenant's permission to visit but not to occupy. No statewide occupancy limit; the lease governs. The tenant is responsible for the conduct of persons on the premises with the tenant's consent. A landlord may bar a guest or invitee from the property by written notice personally served for conduct that violates the lease or law (copy to the tenant), and may seek a trespass warrant; the tenant may challenge the bar by a tenant's assertion in general district court. (Va. Code § 55.1-1200; § 55.1-1227(A)(12); § 55.1-1246)
Can a landlord deny a service or emotional support animal in Virginia?
A person with a disability who keeps an assistance animal must follow lease rules that apply to all residents (if they do not interfere with equal use), may not be charged a pet fee, pet deposit or additional rent for the animal, but is responsible for physical damage to the same extent pet owners are. If the disability and need are obvious or known, the housing provider may not ask for more verification; otherwise it may request reliable documentation of the disability and the disability-related need, including from anyone with a 'therapeutic relationship' with the person (licensed mental health providers, licensed disability service providers, certain peer support persons, caregivers or government entities with actual knowledge). Providing fraudulent supporting documentation is a prohibited practice under the Virginia Consumer Protection Act. (Va. Code § 36-96.3:1)
Official resources for Virginia
- Virginia DHCD Tenant and Landlord Resources
- DHCD Statement of Tenant Rights and Responsibilities (VRLTA), as of July 1, 2026
- Va. Code Title 55.1, Chapter 12 (VRLTA)
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.