Franklin County Landlord-Tenant Law

Virginia landlord guide — county ordinances, courthouse info & local rules

Franklin County Rental Market Overview

Franklin County is one of Virginia’s most economically complex rural counties — simultaneously a Blue Ridge foothills agricultural county, a bedroom community for the Roanoke metropolitan area, and the land jurisdiction surrounding Smith Mountain Lake, one of Virginia’s premier recreational lakes and one of the most valuable second-home and vacation markets in the Mid-Atlantic. With approximately 58,000 residents as of 2025, it is larger than many Virginia counties that are classified as suburban. The county seat is Rocky Mount, located on US-220 roughly 35 miles south of Roanoke, which serves as the commercial, courthouse, and service hub for the county. Franklin County is bordered by Patrick, Henry, Pittsylvania, Bedford, Roanoke, Botetourt, and Montgomery counties, making it one of Virginia’s more centrally located southwest Virginia jurisdictions.

The county’s rental market divides into three distinct tiers. Rocky Mount and the county’s year-round residential areas see rents of $1,100–$1,500 per month for single-family homes, driven by commuters to Roanoke, healthcare workers, manufacturing employees (Integrated Defense Technologies, Carilion health system supply chain), and county government and school workers. The Smith Mountain Lake shoreline commands significantly higher rents for vacation and seasonal properties, with lakefront rentals reaching $2,500–$5,000+ per month during peak season. The rural agricultural areas of the county round out the stock with modestly priced farmhouse rentals in the $800–$1,100 range.

Franklin County Ordinances & Local Rules

Last verified: March 2026 · Source: Franklin County General District Court — 22nd Judicial District

Virginia State Law Framework

⚡ Quick Overview

5

Days Notice (Nonpayment)

21

Days Notice (Violation)

45-75

Avg Total Days

$58

Filing Fee (Approx)

💰 Nonpayment of Rent

Notice Type 5-Day Pay or Quit Notice

Notice Period 5 days

Tenant Can Cure? Yes

Days to Hearing 21-30 days

Days to Writ 10 days

Total Estimated Timeline 45-75 days

Total Estimated Cost $150-$400

⚠️ Watch Out

Virginia requires 5-day written pay-or-quit notice (§55.1-1245(F)). No statutory grace period, but rent must be 5 days late before late fees apply (§55.1-1204.1). Tenant can redeem tenancy by paying all rent, late fees, attorney fees, and court costs on or before the court return date (§55.1-1250). Tenant may also present a "redemption tender" - a written commitment from a government or nonprofit entity to pay within 10 days of return date. Late fee cap: 10% of periodic rent. The Eviction Diversion Program was renewed and expanded in 2025, allowing qualifying lower-income tenants to be placed on court-ordered payment plans.

📜 Eviction Laws Main 📊 Compare This State

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📝 Virginia Eviction Process (Overview)

1. Serve the required notice based on the eviction reason (nonpayment or lease violation).
2. Wait for the notice period to expire. If tenant cures the issue (where allowed), the process stops.
3. File an eviction case with the General District Court. Pay the filing fee (~$58).
4. Tenant is served with a summons and has the opportunity to respond.
5. Attend the court hearing and present your case.
6. If you prevail, obtain a writ of possession from the court.
7. Law enforcement executes the writ and removes the tenant if necessary.

⚠️ Disclaimer: This page provides general information about Virginia eviction laws and does not constitute legal advice. Eviction procedures can vary by county and may change over time. Local jurisdictions may have additional requirements or tenant protections. For specific legal guidance, consult a qualified Virginia attorney or local legal aid organization.

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🔍 Reduce Your Risk Before Signing a Lease: Virginia landlords who screen tenants carefully before signing a lease significantly reduce their risk of ending up in eviction court. Understanding tenant screening in Virginia — including background checks, credit history, income verification, and rental references — is one of the most cost-effective steps you can take to protect your rental property. Before you ever need Virginia's eviction process, proper tenant screening can help you identify red flags early and avoid problem tenancies altogether.

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Franklin County Virginia Landlord-Tenant Law: A Complete Guide for Property Owners at Smith Mountain Lake and Beyond

Franklin County presents one of the most multi-layered landlord markets in Virginia. On one hand, it is a traditional Blue Ridge foothills county with a 58,000-resident year-round population anchored by Rocky Mount, county government, manufacturing, and the commuter economy tied to Roanoke. On the other hand, it is home to the majority of Smith Mountain Lake’s 20,000-acre surface area, making it one of Virginia’s premier waterfront real estate markets where lakefront properties transact in the millions and vacation rentals can generate substantial seasonal revenue. For landlords, these two realities create very different operational environments that exist within the same county court system.

The year-round residential market in and around Rocky Mount, Boones Mill, and the county’s rural corridors follows the standard Virginia VRLTA framework. Rents of $1,100–$1,500 for single-family homes, a stable tenant pool of government, healthcare, and manufacturing workers, and a well-organized court at 275 South Main Street in Rocky Mount make this a manageable and predictable rental environment. The Smith Mountain Lake shoreline is a different proposition entirely — high rents, high-income seasonal tenants, significant regulatory complexity around dock permitting and short-term rental (STR) ordinances, and a property market where the VRLTA-versus-vacation-rental-contract distinction matters enormously to the legal framework governing each rental arrangement.

Franklin County GDC: A Well-Organized Tuesday Civil Docket

All Franklin County eviction filings go to Franklin County General District Court, 22nd Judicial District, at P.O. Box 569, 275 South Main Street, Suite 111, Rocky Mount, VA 24151. Clerk Jacqueline Preston Brubaker can be reached at (540) 483-3060, fax (540) 483-3036. Office hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. The three GDC judges — Chief Judge Allen W. (A.J.) Dudley Jr., Leslie R. (Les) Adams, and Greg T. Haymore — serve a standalone 22nd District covering Franklin County only, which means judicial attention is focused on one county rather than spread across a multi-county district.

The civil docket structure is clear and well-organized. Civil cases are heard every Tuesday in two main slots: Pro Se cases (self-represented landlords) at 8:30 a.m., and cases with one attorney and mass filers at 10:00 a.m. Contested civil trials with two attorneys are set for assigned times on Fridays. Criminal and traffic matters run Monday, Wednesday, and Thursday mornings, keeping the Tuesday docket focused on civil matters. Arraignments run Monday through Friday at 8:30 a.m. Continuances are judge-only on motion — no automatic Clerk-granted first continuance. With weekly Tuesday civil hearings, a continuance costs only one week, making the operational impact minimal compared to monthly-docket counties.

VRLTA vs. Vacation Rental: The Critical Distinction at Smith Mountain Lake

The most important legal distinction for Franklin County lakefront landlords is whether any given rental arrangement is governed by VRLTA or by a vacation rental contract. Virginia Code § 55.1-1200 defines the VRLTA’s scope. VRLTA applies to all residential tenancies unless specifically exempted. Transient occupancy — stays of fewer than 90 consecutive days where the occupant has no other primary residence — is generally exempt from VRLTA and is instead governed by the Virginia Residential Landlord and Tenant Act’s transient occupancy exemption (Va. Code § 55.1-1200(B)(2)). For purposes of Smith Mountain Lake, this means: a short-term vacation rental of a week or two each summer is likely not a VRLTA tenancy; a year-round lease to a family who makes the lakefront home their primary residence is absolutely governed by VRLTA.

The legal and practical consequences of this distinction are significant. A VRLTA tenancy requires the full notice-and-court-process eviction procedure for removal. A transient occupancy arrangement, properly structured and documented, does not — though removing a holdover transient guest still requires legal process, not self-help. If you are renting a Smith Mountain Lake property primarily as a vacation rental, use a vacation rental agreement (not a VRLTA lease), clearly establish the transient nature of the occupancy in the agreement, and consult a Virginia attorney to ensure your specific arrangement qualifies for the transient exemption. Do not attempt to use VRLTA eviction procedures for vacation renters who overstay, or use vacation rental frameworks for what are functionally year-round tenancies.

Short-Term Rental Ordinance at Smith Mountain Lake

Franklin County has adopted short-term rental regulations that apply to properties offered on platforms like Airbnb, VRBO, and similar services. Before listing any Franklin County property as a short-term vacation rental, contact Franklin County Community Development at (540) 483-3031 to determine current STR ordinance requirements, including registration, inspection, and tax collection obligations. Bedford and Pittsylvania counties, which also border Smith Mountain Lake, have their own separate STR regulations — properties in those counties are not covered by Franklin County’s ordinance.

Additionally, lakefront properties at Smith Mountain Lake are subject to dock and shoreline permitting requirements from both Appalachian Power Company (AEP), which operates the Smith Mountain Lake hydroelectric project and controls shoreline access, and potentially the Army Corps of Engineers. Any dock structure, boat slip, or riparian modification requires AEP shoreline management approval. Do not advertise or rent dock or boat slip access without confirming that the structure is properly permitted. An unpermitted dock creates legal exposure both for the property owner and for any rental advertising that includes dock access as an amenity.

Year-Round VRLTA Rentals: Security Deposits, Notices, and 2024 Updates

For year-round residential tenancies subject to VRLTA, the standard framework applies throughout Franklin County. Security deposits are capped at two months’ rent, returnable with written itemization within 45 days. For year-round lakefront rentals at $1,600–$1,900/month, deposits of $3,200–$3,800 are at stake — document property condition including dock, watercraft, and exterior structures at move-in. The 5-Day Notice to Pay or Quit applies for nonpayment; the 30-Day Notice to Remedy or Vacate (21 days to cure) applies for lease violations. Month-to-month terminations require 30 days’ written notice. Self-help eviction is prohibited under Va. Code § 55.1-1245. The 2024 VRLTA updates apply: 72-hour minimum entry notice, fee disclosure on the first lease page, late fees capped at 10% of monthly rent, and the HB 1482 emergency occupancy pathway.

This guide is for general informational purposes only and does not constitute legal advice. Consult a licensed Virginia attorney for guidance on VRLTA versus vacation rental law, Smith Mountain Lake dock permitting, and STR ordinance compliance. Blue Ridge Legal Services: (540) 343-0010. Franklin County General District Court: 275 S. Main Street, Suite 111, Rocky Mount, VA 24151 — (540) 483-3060. Last updated: March 2026.