Defines all key terms used in the Virginia Residential Landlord and Tenant Act including: 'Action' means any recoupment, counterclaim, setoff, or other civil action. 'Application deposit' means any refundable deposit paid by a tenant to a landlord for the purpose of being considered as a tenant. 'Application fee' means any nonrefundable fee paid by a tenant to a landlord or managing agent. 'Authorized occupant' means a person entitled to occupy a dwelling unit with the consent of the landlord but who has not signed the rental agreement. 'Damage insurance' means a bond or commercial insurance coverage to secure performance by the tenant. 'Dwelling unit' means a structure or part of a structure used as a home or residence including a manufactured home. 'Essential service' includes heat, running water, hot water, electricity, and gas. 'Good faith' means honesty in fact in the conduct of the transaction. 'Guest or invitee' means a person who has the permission of the tenant to visit but not to occupy. 'Landlord' means the owner, lessor, or sublessor of the dwelling unit or building. 'Managing agent' means the person authorized by the landlord to act as property manager. 'Notice' means notice given in writing by regular mail or hand delivery with proof of service retained. 'Rent' means all money other than a security deposit owed or paid to the landlord. 'Rental agreement' means all rental agreements, written or oral, embodying terms and conditions concerning use and occupancy. 'Security deposit' means any refundable deposit furnished by a tenant to secure performance of the rental agreement. 'Single-family residence' means a structure maintained and used as a single dwelling unit. 'Tenant' means a person entitled under the terms of a rental agreement to occupy a dwelling unit to the exclusion of others. 'Visible evidence of mold' means the existence of mold visible to the naked eye in areas readily accessible at the time of move-in inspection.
A. This chapter applies to all jurisdictions in the Commonwealth and may not be waived or modified by any locality. Public housing is subject to this chapter unless inconsistent with HUD regulations. B. Applies to all single-family and multifamily dwelling units. C. The following are not residential tenancies: residence at public or private institution incidental to detention or medical/educational services; occupancy by fraternal organization members; occupancy by condominium or cooperative owners; campground occupancy; occupancy by tenant paying no rent; employee occupancy conditioned on employment; occupancy under contract of sale; occupancy in a recovery residence. D. Hotel/motel guests who do not reside as primary residence are exempt. Guests residing 90 days or less are exempt but require 5-day nonpayment notice before self-help eviction. Guests residing more than 90 consecutive days or on leases over 90 days are subject to this chapter. E. Localities may establish mediation commissions but may not enact local landlord-tenant ordinances; this chapter supersedes all local ordinances.
A. Landlord and tenant may agree to send notices electronically if the rental agreement so provides; any tenant may elect to use paper form. Sender must retain proof of electronic delivery. B. Notice to landlord is served at his place of business where the rental agreement was made. Notice to tenant is served at the tenant's last known place of residence, which may be the dwelling unit. C. Notice to an organization is effective when brought to the attention of the person conducting the transaction. D. Any notice of termination served by a public housing authority must include on its first page the name, address, and telephone number of the legal aid program serving the jurisdiction. Any notice of termination served on a tenant receiving Housing Choice Voucher or other federal rental assistance must include the statewide legal aid telephone number and website address. E. The landlord may delegate notice responsibilities to a managing agent or attorney.
A. A landlord may require a refundable application deposit in addition to a nonrefundable application fee. If the applicant fails to rent the unit, the landlord shall refund excess amounts within 20 days, or within 10 days if the deposit was paid by cash or certified funds and the failure to rent was due to the landlord's rejection. Failure to comply allows the applicant to recover wrongfully withheld amounts and attorney fees. B. A landlord may photocopy a driver's license or photo ID but shall not photocopy a U.S. government-issued identification if prohibited by 18 U.S.C. § 701. Landlord may require a social security number or individual taxpayer identification number. C. Application fee shall not exceed $50 exclusive of third-party background/credit check costs. For HUD-regulated housing, the fee shall not exceed $32 exclusive of third-party costs. D. A landlord shall consider evidence of an applicant's status as a victim of family abuse to mitigate an otherwise qualified applicant's low credit score. Qualifying documentation includes a letter from a domestic violence program or attorney, a law-enforcement incident report, or a court order. Noncompliance allows the applicant to recover actual damages including all fees paid plus attorney fees.
A. Landlord and tenant may include any terms not prohibited by this chapter. B. Landlord must offer a written rental agreement and provide the DHCD Statement of Tenant Rights and Responsibilities. Both parties must sign the DHCD acknowledgment form. Landlord must record if tenant refuses to sign. C. If no written rental agreement is offered, tenancy operates by law with: 12-month term, no automatic renewal; rent due on the first of each month, late after the fifth; late charges as provided by law; security deposit not to exceed two months' rent. D. Rent is payable without demand at the time and place agreed. Landlord must provide a written statement of charges and credits within 10 business days of a written request. E. Late charges shall not exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due. F. Default tenancy is week-to-week for weekly rent payers and month-to-month in all other cases. G. Landlord must approve or disapprove a sublessee within 10 business days; failure to act is evidence of approval. H. Landlord must provide a signed copy of the rental agreement and DHCD statement within 10 business days of the effective date. Landlord may not file court action until statement of rights has been provided. I. No unilateral change is valid without notice per the agreement and written consent of both parties. J. Written receipt required upon request for cash or money order payments. No fees may be charged for payment processing unless an alternative fee-free method is offered. K. Landlords owning more than four units must provide written notice of rent increases or non-renewal at least 60 days before the end of the rental agreement term.
A landlord shall provide, beginning on the first page of the written rental agreement, an itemization of all charges comprising: the security deposit; rent due per payment period; and any additional one-time charges due prior to commencement or included in the first rental payment. Immediately above the itemized list the agreement shall state that no additional security deposits or rent shall be charged unless listed below or incorporated by addendum after execution.
If a landlord receives prepaid rent, it shall be placed in an escrow account in a federally insured depository authorized to do business in Virginia by the end of the fifth business day following receipt and shall remain in escrow until the prepaid rent becomes due. It shall not be removed without the written consent of the tenant unless the landlord has otherwise become entitled to it.
A. Landlord may require damage insurance as a condition of tenancy; premiums are deemed rent not a security deposit. Combined security deposit and damage insurance premiums may not exceed two months' periodic rent. Landlord must notify tenant in writing of right to obtain a separate policy. If tenant opts out, tenant must either provide their own damage insurance or pay the full security deposit. B. Landlord may require renter's insurance as a condition of tenancy; premiums are deemed rent. Landlord must notify tenant in writing of right to obtain a separate policy. If tenant's policy lapses, landlord may provide coverage and charge premiums as rent until tenant reinstates coverage. C. Total upfront security deposits and all insurance premiums paid before tenancy commences may not exceed two months' periodic rent. D. Where landlord obtains renter's insurance for tenant, the policy must cover the tenant as an insured. Landlord must provide a summary or certificate of coverage prior to lease execution. If renter's insurance is not required, landlord must provide written notice that landlord's insurance does not cover tenant's personal property and advise tenant to consider renter's insurance and flood insurance information.
If the landlord does not sign a rental agreement delivered by the tenant, acceptance of rent without reservation gives the agreement the same effect as if signed. If the tenant does not sign a rental agreement delivered by the landlord, acceptance of possession or payment of rent without reservation gives the agreement the same effect as if signed. A rental agreement given effect under this section for a term longer than one year is effective for only one year.
A. A rental agreement shall not contain provisions that the tenant: (1) waives rights or remedies under this chapter; (2) waives 120-day conversion or rehabilitation notice rights under the Virginia Condominium Act or Cooperative Act; (3) authorizes any person to confess judgment; (4) agrees to pay the landlord's attorney fees except as provided in this chapter; (5) agrees to limit or exculpate the landlord's liability; (6) agrees in public housing to prohibit lawful firearm possession unless required by federal law; (7) agrees to pay security deposit, damage insurance premiums, and renter's insurance premiums exceeding two months' periodic rent; or (8) waives rights under the Servicemembers Civil Relief Act prior to a dispute. B. Any prohibited provision included in the rental agreement is unenforceable. If a landlord brings an action to enforce a prohibited provision, the tenant may recover actual damages and reasonable attorney fees. C. Public housing landlords shall not require tenants to pay maintenance or repair fees unless the repair was caused by the tenant's action or omission.
A rental agreement may contain provisions allowing the operation of child care services by a tenant of an apartment building that meet state and local laws and regulations.
A. No landlord or managing agent shall release tenant or prospective tenant information to a third party except: (1) with prior written consent; (2) if it is a public record; (3) if it is a summary of rent payment record; (4) if it is a copy of an unremedied material noncompliance or termination notice where tenant did not remain; (5) to law enforcement in performance of duties; (6) pursuant to a civil subpoena; (7) to a local commissioner of the revenue; (8) to a contract purchaser who agrees in writing to maintain confidentiality; (9) to a lender for financing; (10) to the tenant's commanding officer, military housing officer, or military attorney; (11) to the landlord's attorney or collection agency; (12) in an emergency; (13) to the managing agent or successor managing agent; or (14) to a census employee. B. Rental application information shall not be released except in response to a subpoena. C. A tenant may designate a third party to receive duplicate copies of summonses and written notices. D. Landlord may use third-party electronic record storage without liability for data breaches absent gross negligence or intentional act. E. Tenant may request records in paper or electronic form; landlord may charge for more than one copy unless records are accessible via electronic portal.
A. 'Key' means any physical or electronic mechanism used to gain access to a rental dwelling unit. B. Any landlord owning more than 200 rental dwelling units attached to the same piece of real property shall establish: (1) a policy requiring pre-employment criminal history records checks for any position with access to unit keys; and (2) written policies regarding storage, issuance and return, security, access, and deactivation of keys and electronic key codes. C. Exemptions apply to financial institutions and licensed real estate licensees.
If the tenant refuses to allow lawful access, the landlord may obtain injunctive relief to compel access or terminate the rental agreement and in either case may recover actual damages and reasonable attorney fees. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry that unreasonably harass the tenant, the tenant may obtain injunctive relief to prevent recurrence or terminate the rental agreement and in either case may recover actual damages and reasonable attorney fees.
A. 'Nonresident property owner' means any nonresident individual or group who owns and leases residential real property. B. Every nonresident property owner must appoint and maintain an agent who is a Virginia resident or entity authorized to do business in Virginia with a business office in the Commonwealth. Every lease must designate the agent and agent's office address for service of process. C. If no agent is appointed or agent cannot be found, the Secretary of the Commonwealth serves as agent. D. Agent's name and address must be filed with the State Corporation Commission; filing fee is $10 beginning July 1, 2022. E. No nonresident property owner may maintain a court action in Virginia regarding the property until the designation is filed.
Landlords may use energy submetering equipment, energy allocation equipment, water and sewer submetering equipment, or ratio utility billing systems if clearly stated in the rental agreement. Billing must follow the same billing period as the utility unless the agreement provides otherwise. Landlords may charge administrative fees if agreed to in the rental agreement; late charges on utility bills may not exceed $5 and must allow at least 15 days for payment. Energy allocation equipment must be tested periodically and upon tenant request without charge (no more than once per 24-month period). Landlords must maintain records of submetering and billing systems for tenant inspection. Tenants retain private rights of action for breach of lease terms related to submetering. Landlords may also allocate local government fees among tenants by mathematical formula if clearly stated in the rental agreement.
The current owner of rental property shall transfer security deposits and accrued interest to the new owner at the time of transfer. If a managing agent holds the deposits pursuant to a written property management agreement, the current owner shall give written notice to the managing agent requesting payment of the deposits before settlement. The managing agent shall transfer the deposits to the current owner and give written notice to each tenant that the deposit has been transferred to the new owner.
A. Within five days after occupancy, the landlord shall submit a written move-in inspection report to the tenant itemizing existing damages. The report is deemed correct unless the tenant objects in writing within five days of receipt. B. The landlord may adopt a policy allowing the tenant to prepare the move-in report or allowing both parties to prepare it jointly. A jointly signed report is deemed correct when signed. C. If damages are noted in the written report, the landlord is not required to make repairs unless required under § 55.1-1215 or § 55.1-1220.
As part of the move-in inspection report, the landlord shall disclose whether there is any visible evidence of mold in areas readily accessible within the interior of the dwelling unit. If the landlord discloses no visible mold, the statement is deemed correct unless the tenant objects in writing within five days of receiving the report. If the landlord discloses visible mold, the tenant may terminate the tenancy or remain in possession. If the tenant requests to remain in possession, the landlord shall promptly remediate the mold condition within five business days, reinspect, and prepare a new report confirming no visible mold.
A. At or before the beginning of the tenancy, the landlord shall disclose in writing the name and address of the person authorized to manage the premises and an owner or person authorized to act for the owner for service of process. B. In the event of a sale, the landlord shall notify the tenant and disclose the purchaser's name, address, and telephone number. C. For multifamily units, if a condominium or cooperative conversion application has been filed or if demolition, rehabilitation, or conversion to non-residential use is planned within six months, the landlord shall disclose that information to prospective tenants. D. Information must be kept current and is binding on successor landlords. Failure to disclose makes the person an agent of the landlord for service of process.
A. A landlord of property in a locality where a military air installation is located shall provide a written disclosure to a prospective tenant that the property is in a noise zone or accident potential zone as designated on the locality's official zoning map prior to lease execution or occupancy. B. A tenant who is not provided the required disclosure may terminate the lease at any time during the first 30 days of the lease period by certified or registered mail notice. Termination is effective 15 days after mailing or the date through which rent has been paid whichever is later, but not more than one month from the date of mailing. Termination of the lease is the exclusive remedy for failure to disclose.
A. If the landlord has actual knowledge of unremediated defective drywall in the dwelling unit, the landlord shall provide written disclosure before lease execution or occupancy. B. A tenant who is not provided the required disclosure may terminate within 60 days of discovery by written notice. Termination is effective 15 days after mailing or the date through which rent has been paid whichever is later, but not more than one month from the date of mailing. Termination is the exclusive remedy.
A. If the landlord has actual knowledge that the dwelling unit was previously used to manufacture methamphetamine and has not been cleaned up per § 32.1-11.7, the landlord shall provide written disclosure before lease execution or occupancy. B. A tenant who is not provided the required disclosure may terminate within 60 days of discovery by written notice. Termination is effective 15 days after mailing or the date through which rent has been paid whichever is later, but not more than one month from the date of mailing. Termination is the exclusive remedy.
A. The landlord shall: (1) comply with applicable building and housing codes affecting health and safety; (2) make all repairs necessary to keep the premises fit and habitable; (3) keep multifamily common areas clean and structurally safe; (4) maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances including elevators; (5) maintain the premises to prevent moisture accumulation and mold growth and promptly remediate mold when visible evidence exists in accordance with professional standards; (6) provide and maintain appropriate receptacles for waste collection and arrange for removal; (7) supply running water and reasonable hot water at all times and reasonable heat and air conditioning in season except where within the exclusive control of the tenant or supplied by direct public utility connection; (8) provide a certificate once every 12 months that all smoke alarms are present, inspected, and in good working order. B. Landlord is liable only for actual damages proximately caused by failure to exercise ordinary care. C. If building code duty is greater than other duties, that duty controls. D. Landlord and tenant may agree in writing for the tenant to perform duties under subdivisions A3, A6, and A7 and specified repairs if not to evade landlord obligations.
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Effective: and utilities. Landlord must remediate visible mold promptly and certify smoke alarm functionality annually.
A locality may require by ordinance that landlords of five or more units in a multifamily building install: (1) dead-bolt locks meeting the Uniform Statewide Building Code and peepholes in exterior swinging entrance doors (except doors with glass panels); (2) manufacturer's locks and removable metal pins or charlie bars on exterior sliding glass doors as designated in the ordinance; and (3) locking devices on all exterior windows. Any such ordinance must provide landlords a reasonable time to comply.
No landlord of a multifamily dwelling unit shall demand or accept payment from any cable, satellite, or other television service provider in exchange for granting that provider mere access to tenants or giving tenants access to the service. A landlord may enter into a service agreement with a television provider and be compensated for services provided and for reasonable use of the landlord's property. A landlord shall not charge tenants for access to such service unless the landlord is itself the provider. The landlord may not discriminate in rental charges between tenants who receive such service and those who do not. The landlord may require the provider and tenant to bear the cost of installation, operation, or removal, and may require reasonable indemnity or security for damages caused by installation.
A. Landlord must give written notice to the tenant at least 48 hours before applying an insecticide or pesticide in the dwelling unit unless the tenant agrees to a shorter period. No notice is required if the tenant requests the application. Tenants with concerns must notify the landlord in writing at least 24 hours before the scheduled application. Tenant must prepare the unit per the landlord's written instructions and follow post-application instructions if insects or pests are present. B. For applications in areas outside dwelling units, the landlord shall post conspicuous signs at least 48 hours before application. C. Tenant violations may be remedied by the landlord under § 55.1-1248 or by notice under § 55.1-1245.
Unless otherwise agreed, a landlord who conveys premises in a good faith sale to a bona fide purchaser is relieved of liability under the rental agreement and this chapter as to events occurring after notice to the tenant of the conveyance. Unless otherwise agreed, a managing agent is relieved of liability as to events occurring after written notice to the tenant of the termination of management.
A notice of any change by a landlord or tenant in any terms or provisions of a tenancy at will shall constitute a notice to vacate the premises, and such notice shall be given in accordance with the terms of the rental agreement or as otherwise required by law.
A. Security deposit may not exceed two months' periodic rent. Upon termination of the tenancy or the date the tenant vacates whichever occurs last, the security deposit may be applied to: accrued rent including late charges; damages by reason of the tenant's noncompliance less reasonable wear and tear; other damages or charges in the rental agreement; or actual damages for breach. Landlord must provide an itemized written notice and any amount due to the tenant within 45 days. If termination date is before expiration of the agreement or proper notice was not given, the landlord may retain the security balance to apply against the tenant's financial obligations. B. For multiple tenants, one check payable to all tenants must be sent to a forwarding address; if no forwarding address is provided the landlord may hold in escrow. After one year from the end of the 45-day period the landlord may remit to the State Treasurer as unclaimed property. C. The landlord may withhold a portion of the security deposit to cover a balance due on utility accounts that are the tenant's obligation if required notices have been given; upon payment of utilities the landlord must confirm in writing and pay any remaining balance within 10 days. D. Landlord may make expedited disposition and charge an administrative fee if requested by the tenant in a separate written document. E. Landlord must notify tenant in writing of any deductions during the tenancy within 30 days of determination. If the landlord willfully fails to comply, the court shall order return of the deposit plus actual damages and attorney fees. If damages exceed the deposit amount and require a third-party contractor, the landlord has 45 days to notify plus 15 additional days to itemize. F. Landlord must maintain records of deductions for two years and allow tenant to inspect. G. Upon request to vacate or within five days of tenant's notice of intent to vacate, landlord must provide written notice of tenant's right to be present at move-out inspection. Inspection must be made within 72 hours of delivery of possession. H. With assignee or sublessee the landlord may hold a security deposit from only one party. I. Landlord may permit damage insurance in lieu of a security deposit if the insurer is licensed by the Virginia SCC, coverage is effective on first premium payment and for the entire lease term, coverage equals or exceeds the required security deposit amount, and the insurer notifies the landlord within 10 days if the policy lapses.
A. The tenant shall: (1) comply with building and housing code obligations affecting health and safety; (2) keep the occupied premises clean and safe; (3) keep the premises free from insects and pests and promptly notify the landlord; (4) dispose of waste in a clean and safe manner in appropriate receptacles; (5) keep plumbing fixtures clean; (6) use all utilities and facilities in a reasonable manner and keep all utility services the tenant is responsible for paying on at all times; (7) not deliberately or negligently destroy, deface, damage, impair, or remove any part of the premises; (8) not remove or tamper with smoke alarms; (9) not remove or tamper with carbon monoxide alarms; (10) use reasonable efforts to prevent moisture accumulation and mold growth and promptly notify the landlord; (11) not paint or disturb painted surfaces or make alterations without the landlord's prior written approval in pre-1978 buildings where lead-based paint disclosures have been provided and the lease requires approval; (12) be responsible for conduct of persons on the premises with the tenant's consent to ensure peaceful enjoyment by neighbors; (13) abide by all reasonable rules and regulations; (14) be financially responsible for added costs of pest treatment due to unreasonable delay in reporting or failure to prevent infestation; and (15) use reasonable care to prevent animals in the tenant's possession from causing injury to third parties or property damage. B. If building code obligations are greater than other obligations, that duty controls.
A. A landlord may adopt rules or regulations that are enforceable against the tenant only if: (1) they promote the convenience, safety, or welfare of tenants or preserve the landlord's property or make a fair distribution of services; (2) they are reasonably related to their purpose; (3) they apply to all tenants fairly; (4) they are sufficiently explicit to inform the tenant of what is required or prohibited; (5) they are not for the purpose of evading landlord obligations; and (6) the tenant has been provided a copy at lease commencement or when adopted. B. Rules adopted or changed after the tenant enters the lease are enforceable if reasonable notice is given and the rule does not constitute a substantial modification of the bargain. If a rule constitutes a substantial modification, it is not valid unless the tenant consents in writing. C. Courts enforcing this chapter shall treat violations of reasonable rules as a breach of the rental agreement.
A. The tenant shall not unreasonably withhold consent to the landlord to enter to inspect, make repairs, supply services, or exhibit the unit. Upon inspection, if the landlord finds a health and safety violation, the landlord may make repairs and invoice the tenant as rent. For exhibiting the unit, if tenant unreasonably declines, the landlord may recover damages, costs, and attorney fees. Landlord may enter without consent in an emergency. Except in emergencies, the landlord must give notice of intent to enter and enter only at reasonable times. For routine maintenance not requested by the tenant, the landlord must give at least 72 hours' notice, stating the last date on which maintenance may occur, and perform it within 14 days of delivery of notice. During a declared public health emergency, tenant may request that nonemergency conditions not be addressed; tenant waives all claims for failure to address such conditions. Landlord may still enter for nonemergency repairs with 7 days' notice and tenant consent, no more than once every six months, with appropriate PPE. B. For nonemergency conditions requiring temporary tenant relocation, the landlord must give at least 30 days' written notice and provide comparable housing or a hotel at no expense to the tenant for up to 30 days. Tenant continues to owe rent during relocation. Refusal to cooperate is a breach. C. No other right of access except by court order or as permitted by §§ 55.1-1248 and 55.1-1249. D. Tenant may install security systems including chain latches approved by the landlord and fire detection devices if no permanent damage results, duplicate keys and instructions are provided to the landlord, and the tenant pays reasonable removal and repair costs upon termination. E. Landlord must install a carbon monoxide alarm upon written request within 90 days at a reasonable fee.
A. A tenant or authorized occupant with a court order granting them possession of the premises to the exclusion of one or more co-tenants may provide the order to the landlord and request installation of a new lock or permission to install one, provided no permanent damage results and duplicate keys are given to the landlord. Tenant is responsible for reasonable removal costs upon termination. B. A non-tenant with such an order may submit a rental application within 10 days of the order. If qualified, they may become a tenant. If not qualified, they must vacate within 30 days of rejection notice. If no application is submitted within 10 days, they must vacate within 30 days of the order. C. Landlord must not provide keys to any person excluded by the court order. D. This section does not apply to ex parte orders.
Where a mold condition materially affects the health or safety of a tenant, the landlord may require the tenant to temporarily vacate for up to 30 days to perform mold remediation. The landlord shall provide comparable housing or a hotel at no expense to the tenant. The landlord is not required to pay other expenses of the tenant after the relocation period. The tenant continues to be responsible for rent during and after the relocation period. Nothing entitles the tenant to terminate the tenancy where the landlord has remediated in accordance with professional standards. The landlord pays all costs of relocation and remediation unless the mold results from the tenant's failure to comply with § 55.1-1227.
Unless otherwise agreed, the tenant shall occupy his dwelling unit only as a residence.
At the termination of the tenancy whether by expiration of the rental agreement or default by the tenant, the tenant shall promptly vacate the premises, removing all personal property and leaving the premises in good and clean order, reasonable wear and tear excepted. If the tenant fails to vacate, the landlord may bring an action for possession and damages including reasonable attorney fees.
If there is a material noncompliance by the landlord with the rental agreement or with this chapter affecting health and safety, the tenant may serve a written notice specifying the breach and stating that the rental agreement will terminate not less than 30 days after receipt if the breach is not remedied in 21 days. If the breach is not remediable, the tenant may serve a 30-day termination notice. If the landlord intentionally commits a subsequent breach of a like nature after remedying a prior breach, the tenant may serve a 30-day termination notice referencing the prior breach. If the landlord adequately remedies the breach before the specified date, the rental agreement will not terminate. The tenant may not terminate for a condition caused by the tenant's deliberate or negligent act. The tenant may also recover damages and injunctive relief and is entitled to reasonable attorney fees unless the landlord proves its actions were reasonable. If the rental agreement terminates, the landlord must return the security deposit per § 55.1-1226.
A. If at the beginning of the tenancy a condition constitutes a fire hazard or serious threat to life, health, or safety including infestation of rodents or lack of heat, running water, electricity, or adequate sewage disposal, the tenant may terminate the rental agreement and receive a full refund of all deposits and rent paid, so long as the tenant provides written notice within seven days of the date on which possession was to transfer. Landlord must refund by the fifteenth business day after delivery of the termination notice or tenant vacating, whichever is later. B. If the landlord disputes the termination, the landlord must provide written notice of refusal with reasons within 15 business days of receiving the termination notice. C. A tenant who has not taken possession or has vacated may file an action to contest the refusal and for return of deposits and rent. The prevailing party is entitled to reasonable attorney fees.
A. Any member of the Armed Forces or National Guard on full-time duty or as a civil service technician may terminate the rental agreement if: (1) ordered to a permanent change of station; (2) given temporary duty orders exceeding three months; (3) discharged or released from active duty; (4) ordered to government-supplied quarters resulting in forfeiture of basic allowance for quarters; or (5) received a stop movement order for at least 30 days preventing residential occupancy. B. Termination is effected by written notice effective on a date not less than 30 days after the first date on which the next rental payment is due and payable after the date of notice, and no more than 60 days before departure. The tenant must furnish a copy of official orders or a signed letter from the commanding officer before the termination date. C. Landlord may not charge any liquidated damages. D. Tenant's obligations under § 55.1-1227 continue through the termination date.
A. Any tenant who is a victim of family abuse, sexual abuse or other criminal sexual assault, stalking, or trafficking may terminate the rental agreement under the following circumstances: (1) the victim has obtained an order of protection under § 16.1-253.1 or 16.1-279.1 during the active rental agreement and gives written termination notice during the order or any extension; (2) the victim has obtained a preliminary or permanent protective order under § 19.2-152.9 or 19.2-152.10 and gives written termination notice during the order; or (3) a court has entered a conviction order or a warrant has been issued for family abuse, sexual abuse, stalking, or trafficking against the victim during the active rental agreement and the victim gives written termination notice. B. Termination notice must be served on the landlord with a copy of the protective or conviction order; the termination is effective 28 days after service. C. Rent is payable through the effective date of termination. D. Landlord may not charge any liquidated damages. E. Co-tenants remain responsible for rent for the balance of the term. If the perpetrator is the sole remaining tenant, the landlord may terminate the agreement and collect actual damages from the perpetrator.
A. A landlord of a single-family residence dwelling unit must give written notice to the tenant within five business days of receiving a notice of mortgage default, mortgage acceleration, or foreclosure sale. B. If the landlord fails to provide the required notice, the tenant may terminate the rental agreement by providing at least five business days' written notice to the landlord before the termination date. If tenant terminates, landlord must dispose of the security deposit per applicable law. C. If the dwelling unit is foreclosed and a tenant is in possession at the date of the foreclosure sale: (1) if the successor acquires the unit for primary residence, the successor must provide at least 90 days' written notice to the tenant to vacate; (2) if the successor acquires for any other purpose, the successor acquires the unit subject to the rental agreement and the tenant may remain for the remaining term, subject to termination per § 55.1-1245 or the rental agreement terms. Tenant must make rent payments to the successor owner as directed, to the managing agent, or to the court escrow account.
If the landlord willfully fails to deliver physical possession of the dwelling unit, rent abates until possession is delivered and the tenant may: (1) terminate the rental agreement upon at least five days' written notice to the landlord and recover all prepaid rent and security deposits; or (2) demand performance and file an action for possession against the landlord or any person wrongfully in possession and recover actual damages. If a person's failure to deliver possession is willful and not in good faith, the aggrieved person may recover actual damages and reasonable attorney fees.
A. If the landlord willfully or negligently fails to supply an essential service, the tenant shall serve written notice specifying the breach and after allowing reasonable time to correct may: (1) recover damages based upon the diminution in fair rental value; or (2) procure reasonable substitute housing during noncompliance and be excused from paying rent for that period as determined by the court. B. If the tenant proceeds under this section, the tenant is entitled to recover reasonable attorney fees but may not also proceed under § 55.1-1234 as to that breach. No rights arise until the tenant gives written notice and no rights arise if the condition was caused by the tenant.
If the dwelling unit is damaged or destroyed by fire or casualty to an extent that the tenant's enjoyment is substantially impaired or repairs can only be made if the tenant vacates, either party may terminate the rental agreement. Tenant may terminate by vacating and serving written notice within 14 days of vacating; termination is as of the date of vacating. Landlord may terminate by giving the tenant 14 days' notice of intention to terminate on the basis that damage requires removal of the tenant and substantially impairs use; termination is as of the expiration of the notice period. If the rental agreement terminates, the landlord must return all security deposits per § 55.1-1226 and prepaid rent plus accrued interest, unless the landlord reasonably believes the tenant caused the damage, in which case the landlord must provide a written statement and may recover actual damages per § 55.1-1251. Proration is as of the date of the casualty.
A. In an action for possession based on nonpayment of rent or for rent where the tenant is in possession, the tenant may assert as a defense that there exists a condition that constitutes or will constitute a fire hazard or serious threat to life, health, or safety of occupants, including lack of heat, running water, light, electricity, or adequate sewage disposal; infestation of rodents; or material noncompliance by the landlord with the rental agreement. The defense is conditioned on: (1) prior written notice to the landlord who refused or failed to remedy the condition; there is a rebuttable presumption of unreasonable delay if more than 30 days passes; and (2) the tenant paying into court the amount found to be due and unpaid. B. The defense fails if the landlord establishes that the conditions do not exist, have been remedied, were caused by the tenant, or the tenant unreasonably refused entry for repairs. C. The court shall make findings of fact and may: (1) reduce rent; (2) terminate the rental agreement or order surrender; or (3) refer the matter to a state or local agency for investigation. D. If the court finds the tenant raised the defense in bad faith or caused the violation or unreasonably refused entry, the court may impose on the tenant the reasonable costs of the landlord including court costs, repair costs, and attorney fees. E. If the court finds the tenant successfully raised the defense, the court in its discretion may impose on the landlord the reasonable costs of the tenant including court costs and attorney fees.
A. Where a landlord has filed an unlawful detainer and the tenant seeks a continuance or contested trial, the court shall upon the landlord's request order the tenant to pay rent due as of the initial court date into the court escrow account before granting the continuance, unless the tenant asserts a good faith defense and the court so finds. B. If the court finds no good faith defense, the tenant must pay an amount determined by the court into escrow; the court may grant a one-week continuance to make full payment. If the tenant fails to pay the full ordered amount, the court shall upon the landlord's request enter judgment for the landlord and an order of possession. C. The court shall further order that failure to pay future rents into escrow results in judgment for the landlord and an order of possession. D. Upon the landlord's motion the court may disburse escrowed funds to the landlord for mortgage or other dwelling unit expenses. E. No escrowed rent may be disbursed within 10 days of judgment unless the parties agree. If an appeal is taken, the escrowed rent is transmitted to the circuit court.
A. A general district court shall enter an order upon petition by a tenant who presents evidence that the landlord willfully and without court authority: (1) removed or excluded the tenant from the dwelling unit unlawfully; (2) interrupted or caused interruption of an essential service; or (3) took action to make the premises unsafe for habitation. B. An order may require the landlord to allow the tenant to recover possession, resume essential services, or fix willful safety hazards. C. An initial hearing shall be held within five calendar days of filing. The court may issue a preliminary ex parte order if there is good cause and the tenant made reasonable efforts to alert the landlord. A preliminary order must include a date for a full hearing within 10 days. At the full hearing the court may terminate the rental agreement and order return of the security deposit. D. At the full hearing, upon proof of one or more factors in subsection A, the tenant shall recover: actual damages; statutory damages of $5,000 or four months' rent whichever is greater; and reasonable attorney fees.
A. If the tenant gave the landlord notice of a building code violation posing a substantial risk to health, safety, or welfare, and that violation resulted in the tenant being excluded due to condemnation, the landlord is liable to the tenant for actual damages and must return any prepaid rent not yet due, security deposit, and rent paid after condemnation. B. No landlord is liable under this section if the condemnation was caused by the tenant's deliberate or negligent act or omission or by an act of God, or if the lease was properly terminated per § 55.1-1240.
A. The tenant may assert in a general district court that there exists on the leased premises a condition constituting a material noncompliance by the landlord or a fire hazard or serious threat to life, health, or safety, including: lack of heat or running water except where the tenant is responsible and failed to pay; lack of light, electricity, or adequate sewage disposal; rodent infestation; or lead paint where the landlord has notice. B. Prior to any relief, the tenant must show: (1) prior written notice to the landlord who refused or failed to remedy within a reasonable time (rebuttable presumption of unreasonable delay if more than 30 days); and (2) the tenant has paid into court the amount of rent called for under the rental agreement within five days of when due. C. The defense fails if the conditions do not exist, have been remedied, were caused by the tenant, or the tenant unreasonably refused entry. D. The court may order: termination of the rental agreement or surrender; disbursement of escrowed funds; continued escrow; rent abatement; disbursement for repairs; referral to state or local agency; payment of a mortgage to stay foreclosure; or payment of a mechanic's lien. E. If the condition is not fully remedied within six months and the landlord has not made reasonable attempts, the court shall award all escrowed funds to the tenant; a new six-month period then begins. F. Initial hearing shall be held within 15 calendar days of service of process, or earlier for emergency conditions. G. If the tenant is entitled to relief, the court in its discretion may impose on the landlord the reasonable costs of the tenant including court costs and attorney fees.
A. 'Actual costs' means amounts paid on an invoice to a third-party licensed contractor or pesticide business or amounts donated by such contractor as reflected on an invoice. B. If a material noncompliance or fire hazard or serious threat to life, health, or safety exists including infestation, lack of heat, running water, electricity, or sewage disposal, and the tenant has notified the landlord in writing, the landlord shall take reasonable steps to repair within 14 days. C. If the landlord does not repair within 14 days, the tenant may contract with a licensed contractor or pesticide business and recover actual costs not exceeding the greater of one month's rent or $1,500. The tenant may deduct these costs after submitting an itemized statement with receipts to the landlord. D. A local government or nonprofit may procure services on behalf of the tenant; this has no effect on the tenant's entitlement to reimbursement. E. Tenant may not repair at the landlord's expense if the condition was caused by the tenant; the landlord was denied access; or the landlord already remedied the condition.
A. If there is a material noncompliance by the tenant with the rental agreement or a violation of § 55.1-1227 materially affecting health and safety, the landlord may serve a written notice specifying the breach and stating that the rental agreement will terminate not less than 30 days after receipt if not remedied in 21 days. B. If the tenant remedies the breach before the specified date, the rental agreement will not terminate. C. If the breach is not remediable, the landlord may serve a 30-day termination notice. If the breach involves or constitutes a criminal or willful act not remediable that poses a threat to health or safety, including illegal drug activity, the landlord may terminate immediately. Illegal drug activity by an authorized occupant or guest presumes the tenant's knowledge unless rebutted. Initial hearing for immediate possession shall be held within 15 calendar days of service; contested trial no later than 30 calendar days from service. D. If the tenant is a victim of family abuse and the perpetrator has been barred, the lease shall not terminate solely due to the family abuse unless the tenant fails to document victim status within 21 days or fails to notify the landlord within 24 hours (or no later than 7 days) if the perpetrator returns in violation of the bar notice. E. If the tenant intentionally commits a subsequent breach of a like nature after remedying a prior breach, the landlord may serve a 30-day termination notice referencing the prior breach. F. If rent is unpaid and the tenant fails to pay within five days after written notice of nonpayment and the landlord's intention to terminate, the landlord may terminate and proceed to obtain possession. If a check bounces or an electronic transfer is rejected, the tenant has five days after written notice to pay by cash, cashier's check, certified check, or completed electronic transfer. G. Public housing authorities must provide pink or orange written information on income recertification with any notice of nonpayment. H. The landlord may recover rent due, other charges and fees, late charges, attorney fees, costs, and damages to the premises regardless of whether a lawsuit is filed. I. If the landlord prevails in court, the court shall award a money judgment for all items in subsection H including attorney fees unless the tenant proves by a preponderance of evidence that the tenant's failure was reasonable.
A. A guest or invitee may be barred by the landlord by written notice served personally on the guest or invitee for conduct on the landlord's property violating the terms of the rental agreement, a local ordinance, or a state or federal law. A copy of the notice shall be served on the tenant. The notice shall describe the conduct that is the basis of the bar. B. In addition to remedies against the tenant, the landlord may apply to the magistrate for a warrant for trespass once the guest has been served. C. The tenant may file a tenant's assertion under § 55.1-1244 to request the court to review the landlord's bar.
The sheriff of any county or city, upon request, may deliver any notice to a tenant on behalf of a landlord under the provisions of § 55.1-1245 or 55.1-1415. The sheriff shall be allowed a fee not to exceed $12 for this service.
If there is a violation by the tenant of § 55.1-1227 or the rental agreement materially affecting health and safety that can be remedied by repair, replacement, or cleaning, the landlord shall send a written notice to the tenant specifying the breach and stating the landlord will enter and perform the work in a workmanlike manner and submit an itemized bill for actual and reasonable cost, which is due as rent on the next rent due date or immediately if the agreement has terminated. In an emergency the landlord may promptly enter, perform the work, and submit the itemized bill. The landlord may perform the work or engage a third party.
If the rental agreement requires notice of extended absence exceeding seven days and the tenant fails to provide it, the landlord may recover actual damages. During any absence exceeding seven days, the landlord may enter at times reasonably necessary to protect possessions and property. The rental agreement is deemed terminated as of the date of abandonment. If the landlord cannot determine whether the premises has been abandoned, the landlord shall serve written notice requiring the tenant to respond within seven days that the tenant intends to remain in occupancy. If the tenant gives such notice or the landlord otherwise determines occupancy continues, the landlord shall not treat the premises as abandoned. If no response is received within seven days, there is a rebuttable presumption of abandonment and the rental agreement is deemed terminated on that date. The landlord shall mitigate damages per § 55.1-1251.
A. A landlord may not accept full payment of rent and all damages, judgment, attorney fees, and court costs and proceed with eviction unless there are bases for the order of possession other than nonpayment of rent. A landlord may accept partial payment and proceed with eviction only if the landlord has stated in writing that the acceptance is with reservation and does not waive the right to evict. The written notice must include required statutory language advising the tenant that partial payment will not prevent eviction but full payment at least 48 hours before the scheduled eviction will cancel the writ unless other grounds exist. B. The tenant may pay or present to the court a redemption tender at or before the first return date. If the tenant presents a redemption tender, the court shall continue the case for 10 days for full payment; if full payment is not made within 10 days the court shall grant judgment and immediate possession. A 'redemption tender' means a written commitment to pay all amounts due within 10 days by a local government or nonprofit entity. C. In unlawful detainer cases, the tenant or a third party on behalf of the tenant may pay all amounts due including rent, charges, late charges, attorney fees, and costs at any time prior to eviction to cause dismissal unless other grounds exist for possession. D. Full payment of all amounts plus sheriff fees at least 48 hours before the scheduled eviction shall cancel the writ of eviction. Landlord must promptly notify the officer to cancel execution. E. Upon written request, the landlord must provide an itemized statement of all amounts owed so the tenant can calculate the exact redemption amount. Payments must be by cashier's check, certified check, or money order. A court shall not issue a writ of eviction on an expired or satisfied judgment.
If the rental agreement is terminated, the landlord may have a claim for possession and for rent and a separate claim for actual damages for breach of the rental agreement, reasonable attorney fees per § 55.1-1245, and the cost of service of any notice, not to exceed the amount authorized by § 55.1-1247. Such claims may be enforced by an action for unlawful entry or detainer. Actual damages may include rent that would have accrued until expiration of the term or until a new tenancy commences whichever occurs first; landlord must mitigate damages and may not seek accelerated rent through the end of the term. In an unlawful detainer action the court may grant simultaneous judgment for money due and for possession without credit for the security deposit; upon vacation the landlord must credit the security deposit per § 55.1-1226.
A landlord may not recover or take possession of the dwelling unit by: (1) willful diminution of services including interruption of essential services required by the rental agreement; or (2) refusal to permit the tenant access to the unit, unless such refusal is pursuant to a court order for possession.
A. A week-to-week tenancy requires at least seven days' written notice to terminate. A month-to-month tenancy requires at least 30 days' written notice prior to the next rent due date unless the rental agreement provides a different notice period. Parties may agree in writing to early termination; otherwise § 55.1-1251 controls. B. Any owner of a multifamily premises failing to renew 20 or more or 50 percent or more of month-to-month tenancies within any consecutive 30-day period must give each such tenant at least 60 days' written notice prior to allowing the tenancy to expire; 60-day notice is not required for tenants who failed to pay rent. C. If the tenant remains in possession without the landlord's consent after the term expires or is terminated, the landlord may bring an action for possession and recover actual damages, reasonable attorney fees, and court costs unless the tenant proves the failure to vacate was reasonable. The rental agreement may include a reasonable liquidated damage penalty not to exceed 150 percent of the per diem monthly rent for each day the tenant remains after the termination date. For public housing units the liquidated damages may not exceed the per diem monthly rent. D. If the landlord consents to a holdover or month-to-month tenancy without entering into a new rental agreement, the terms of the terminated agreement remain in effect except that rent may be changed by written notice effective no earlier than 30 days after the next rent due date after notice.
If personal property is left in the dwelling unit, premises, or storage area after the rental agreement terminates and possession is delivered, the landlord may consider it abandoned and dispose of it as appropriate, provided the landlord has given: (1) a termination notice with a statement that personal property left in the unit would be disposed of within 24 hours after termination; (2) a written notice per § 55.1-1249 with a statement that property would be disposed of within 24 hours after expiration of the seven-day notice period; or (3) a separate written notice that property would be disposed of within 24 hours after expiration of a 10-day period from the date of notice. The tenant has the right to remove personal property during the 24-hour period and until disposal. During the 24-hour period and until disposal the landlord has no liability for the risk of loss of the property. If the landlord fails to allow reasonable access for removal, the tenant has the right to injunctive or other relief. If the landlord receives funds from sale of abandoned property, the landlord must apply them to amounts due from the tenant including reasonable costs of selling, storing, or safekeeping; remaining funds are treated as a security deposit per § 55.1-1226. This section does not apply where a writ of eviction has been executed.
When personal property is removed from a dwelling unit pursuant to an unlawful detainer, ejectment, or other court action, the sheriff shall oversee removal of such property to the public way. The tenant has the right to remove personal property from the public way during the 24-hour period after eviction. After 24 hours, the landlord shall remove or dispose of any remaining property. At the landlord's request, personal property may be placed into a storage area designated by the landlord; the tenant has the right to remove property during the 24 hours after eviction or until the landlord disposes of it. During that 24-hour period and until disposal, neither the landlord nor the sheriff has any liability for risk of loss. If the landlord fails to allow reasonable access for removal, the tenant has injunctive or other relief. Property remaining after 24 hours may be disposed of as the landlord sees fit. Proceeds from sale must be applied to amounts due from the tenant; remaining funds are treated as a security deposit per § 55.1-1226. The sheriff's writ of eviction notice must inform the tenant of the rights afforded under this section.
A. If a tenant who is the sole remaining tenant under a written rental agreement dies and no person is authorized by court order to handle probate matters, the landlord may dispose of personal property left in the unit after giving at least 10 days' written notice to the authorized contact person identified in the rental application or lease, or to the deceased tenant per § 55.1-1202 if no contact person is identified. The notice must state that property will be treated as abandoned and disposed of per § 55.1-1254 if not claimed within 10 days. Authorized occupants, guests, and invitees must vacate prior to the end of the 10-day period. B. The landlord may require proof of identification from the authorized contact person. The contact person may have access to the dwelling unit, premises, and tenant records and may claim personal property and handle the deceased tenant's affairs with the landlord. C. The rental agreement is deemed terminated as of the date of death of the sole remaining tenant; the landlord need not seek a court order of possession. The estate remains liable for actual damages per § 55.1-1251 and the landlord shall mitigate.
Notwithstanding any rule of court to the contrary, any person licensed under § 54.1-2106.1, any property manager or managing agent pursuant to a written property management agreement, or any employee authorized in writing by a corporate officer or manager, general partner, or trustee of a business entity may obtain a judgment for possession in general district court or for rent, damages, or final rent and damages in any general district court where venue is proper, against any defendant, if the person had a contractual agreement with the landlord to manage the premises. Such persons may prepare, execute, file, and have served in any general district court a warrant in debt, suggestion for summons in garnishment, garnishment summons, order of possession, writ of eviction, or writ of fieri facias arising out of a landlord-tenant relationship. However, the activities of any such person in court are limited by the provisions of § 16.1-88.03.
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