Northern Virginia Real Estate and Community News Blog

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

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

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

Required Landlord Disclosures

Before a lease becomes effective in Virginia, you are required to provide tenants with specific disclosures:

• Lead-Based Paint: For homes built before 1978, disclose the presence of lead-based paint to protect tenants from potential health hazards.
• Move-In Checklist: Provide a written inventory checklist detailing the condition of items in the unit.
• Rights and Responsibilities: Share a statement outlining tenant rights and responsibilities, which can be obtained from the Virginia Department of Housing and Community Development.
• Fees and Rent: Specify all fees the tenant will be responsible for, including the total rent amount.
• Property Management Information: Identify the person or entity responsible for managing the property.
• Military Adjacency: Disclose whether the property is located near a military installation.
• Defective Drywall: Notify the tenant if any part of the drywall in the property is defective.
• Methamphetamine Manufacturing: State whether the property has ever been used as a methamphetamine production site.
• Mold Presence: Disclose whether mold exists in the unit.
• Utility Billing: Explain how utility costs will be divided among tenants if applicable.
• Planned Demolition: Inform tenants if you 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 tenancy 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 Residential Landlord and Tenant Act 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 landlord in Virginia, you enjoy the following rights under the Virginia landlord-tenant laws. The right to:

• Evict a tenant who violates a term of the lease agreement, such as not paying rent when it falls due.
• 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 for fair housing.
• Require tenants to abide by a lease agreement, as long as all the provisions abide by the Virginia landlord-tenant laws.

Some of the landlord 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.
• 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 building codes.
• Follow the proper eviction procedures 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 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 that you should familiarize yourself with before renting out a property for a smooth rental experience.

• Warranty of Habitability: This requires that landlords provide tenants with a habitable home. 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 Virginia landlord-tenant laws, which are essential for a positive rental experience and compliance. 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.