What a Landlord Cannot Do in Virginia
The main limits Virginia law puts on landlords — lockouts and utility shutoffs, entering without notice, retaliation, deposits, fees and discrimination — each with the statute or official source.
In short: a Virginia landlord cannot evict without a court order, cannot punish a tenant for asserting legal rights where state law protects them, and must follow the state's rules on entry, deposits and fees shown below.
| 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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| 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 |
| Landlord retaliation | 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 |
| 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) |
| 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) |
| 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) |
| 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). |
| Statewide ban on refusing 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. Source: Va. Code § 36-96.3(A) |
| 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). |
| 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 |
Can I sue my landlord in Virginia? · All Virginia tenant rights
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.