Northern Virginia Real Estate and Community News Blog

In Virginia, the state’s Residential Landlord and Tenant Act automatically applies after a landlord and tenant have established a lease. This act provides three options that can result in a tenancy. If you and your tenant have signed a written rental agreement, verbally agreed to the arrangement, or accepted payment from the tenant in exchange for allowing them to live on the rental property.

If any of these three things happen, you and the tenant automatically obtain certain rights and responsibilities. Familiarizing yourself with these can help you build a solid landlord-tenant relationship for a smooth rental experience.

The following are important highlights of the Virginia landlord-tenant laws.

Required Landlord Disclosures

Before a rental agreement becomes effective, Virginia residential landlords are required to provide tenants with specific disclosures:

• Lead-Based Paint: For rental properties built before 1978, Virginia residential landlords must disclose the presence of lead-based paint to protect tenants from potential health hazards.
• Move-In Checklist: Virginia residential landlords must provide a written inventory checklist detailing the condition of items in the rental property.
• Rights and Responsibilities: Virginia residential landlords must share a statement outlining tenant rights and responsibilities, which can be obtained from the Virginia Department of Housing and Community Development.
• Fees and Rent: Virginia residential landlords must specify all fees the tenant will be responsible for, including the total rent amount.
• Property Management Information: Landlords must identify the person or entity responsible for managing the rental property.
• Military Adjacency: Virginia residential landlords must disclose whether the property is located near a military installation.
• Defective Drywall: Landlords must notify the tenant if any part of the drywall in the rental property is defective.
• Methamphetamine Manufacturing: Virginia residential landlords must state whether the rental property has ever been used as a methamphetamine production site.
• Mold Presence: Disclose whether mold exists in the unit.
• Utility Billing: Residential landlords must explain how utility costs will be divided among tenants if applicable.
• Planned Demolition: Virginia residential landlords are required to inform tenants if they plan to demolish the unit within six months of their occupancy.

These disclosures ensure transparency and compliance with state regulations.

Tenants’ Rights & Responsibilities in Virginia

A tenant automatically acquires the following rights once they establish a rental agreement with a landlord in Virginia. The right to:

• Report a landlord for failing to abide by the state’s habitability codes.
• A proper eviction process for any lease violations.
• Be provided with the aforementioned disclosures before moving in.
• Be provided a grace period for the payment of rent before charging a late fee.
• Live in privacy, including being served an advance notice before landlord entry.
• Be treated as per the dictates of the fair housing laws.
• Break the lease for certain legally justified reasons, such as when starting active military duty.
• Terminate a periodic tenancy after providing the landlord with the appropriate advance notice.

Equally, the Virginia landlord-tenant law grants tenants certain responsibilities once they establish a lease with their landlord. The responsibilities include the following:

• Keep the premises clean, sanitary, and in a habitable condition.
• Maintain all plumbing fixtures in a clean condition.
• Use the provided facilities and amenities for their intended purposes.
• Pay rent on time, every time.
• Pay for utility services promptly.
• Maintain the unit’s habitability. For example, preventing mold growth by avoiding moisture accumulation in the unit.
• Care for the unit by reporting issues on time and not causing careless or malicious property damage.
• Respect the peace and quiet of other tenants or neighbors.
• Do not tamper with the provided carbon monoxide or smoke detectors.

Landlords’ Rights & Responsibilities in Virginia

As a rental property owner in Virginia, you enjoy the following rights under Virginia Law. The right to:

• Evict a tenant following the proper legal process if they violate a term of the lease agreement, such as unpaid rent.
• Require tenants to pay a security deposit that’s equivalent to 2x the monthly rent when first moving in. And to make appropriate deductions on the deposit for certain lease violations.
• Raise rent by whatever amount, as the state doesn’t have a rent control law.
• Enter a tenant’s rented unit to perform crucial duties, such as inspections and maintenance.
• Reject a rental applicant who fails to meet the requisite criteria, as long as all the criteria respect the tenant’s rights to fair housing.
• Require tenants to abide by a lease agreement, as long as all the provisions are by the Virginia landlord-tenant laws.

Some of the landlord's responsibilities in Virginia include the following:

• Provide the tenant with the aforementioned disclosures.
• Provide the tenant with a grace period before enforcing a late fee for rent payments.
• Notify the tenant before entering their rented premises to perform certain legitimate duties.
• Provide the tenant with a livable home that abides by all health, safety, and local property maintenance codes.
• Follow the proper eviction process when looking to evict the tenant from their rented premises.
• Make a reasonable effort to re-rent the unit after a tenant breaks their lease agreement unjustifiably.
• Return the security deposit to the tenant, or whatever portion remains, within 45 days after they move out.

An Overview of the Virginia Landlord-Tenant Laws

The following are important laws under the Residential Landlord and Tenant Act that you should familiarize yourself with before renting out a property for a smooth rental experience and a solid landlord-tenant relationship.

• Warranty of Habitability: This requires that landlords provide tenants with a habitable dwelling unit. The home should, among other things, have running hot and cold water and heating during the cold months.
• Tenant Evictions: These must follow the state’s laws. You must have a legitimate reason and follow the statewide process to obtain a court order.
• Security Deposit Rules: Landlords requiring security deposits from first-time renters have certain responsibilities they must abide by. Including abiding by the limit and returning it within 45 days after the tenant moves out.
• Rent Increase Rules: Virginia doesn’t have rent control laws. Because of this, you can raise rent by any amount. You can also do so as often as you like. That said, you must notify the tenant 30 days in advance before doing so. The increment must also not be borne out of retaliation or discrimination.
• Fair Housing Laws: You must treat tenants as per the Virginia Fair Housing laws. Protected classes include race, color, nationality, religion, familial status, and disability.

Bottom Line

Now you know the basics of the Virginia Landlord and Tenant Act, which is essential for a positive landlord-tenant relationship and a smooth rental experience. However, for successful rental investments, expert knowledge is key.

At Key Home Sales & Management, we are the local experts with an in-depth understanding of the Virginia rental market. Trust our team to navigate the legal complexities of renting out your property, ensuring you make informed decisions every step of the way. 

With our unmatched expertise in Northern Virginia, you can feel confident and supported. Contact us today to learn how we can help you achieve your investment goals!

Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.