VA
Virginia Landlord-Tenant Laws
Security Deposit Limit and Return Timeline
§ 55.1-1226
⏰ Timeline
- 2 months' rent
- 45 days after termination or vacancy (whichever is last)
✅ Key Requirements
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- Maximum deposit is 2 months' periodic rent
- Return within 45 days of termination or vacancy date
- Must provide itemized statement of deductions
- Landlord has additional 15 days if third-party contractor needed
- Must notify tenant of 15-day extension within initial 45 days
Move-In Inspection Report
§ 55.1-1214
⏰ Timeline
- Within 5 days after occupancy
- Within 5 days after receiving report
- Submit to landlord (if policy allows)
- Within 5 days after receiving tenant's report
✅ Key Requirements
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- Landlord must submit written report within 5 days of occupancy
- Report must itemize existing damages
- Tenant has 5 days to object in writing
- Landlord may allow tenant to prepare report instead
- Joint inspection option: both parties sign
- +1 more requirements
Move-Out Inspection and Tenant Rights
§ 55.1-1226
⏰ Timeline
- Within 5 days of vacancy notice
- Must request in writing to be present
- Within 72 hours of possession delivery
✅ Key Requirements
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- Landlord must notify tenant of right to be present
- Notice required within 5 days of tenant's vacancy notice
- Inspection must occur within 72 hours of possession delivery
- Tenant must request in writing to attend
- Landlord must notify tenant of inspection date/time
- +2 more requirements
Eviction Notice for Nonpayment of Rent
§ 55.1-1245
⏰ Timeline
- 5 days
- 5 days to pay after notice
- After 5-day period expires if unpaid
✅ Key Requirements
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- Landlord must serve a written 5-day pay-or-quit notice for unpaid rent
- Notice must state that rent is unpaid and landlord intends to terminate if not paid within 5 days
- Tenant has a 5-day grace period to pay the full amount after receiving notice
- If a check bounces or electronic transfer fails, landlord may require cash, cashier's check, certified check, or completed electronic transfer
- Tenant has a right of redemption: can pay the full amount owed up to 48 hours before scheduled eviction
- +2 more requirements
Eviction Notice for Lease Violations
§ 55.1-1245
⏰ Timeline
- 30 days minimum
- 21 days to remedy breach
- After 30 days if not cured
✅ Key Requirements
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- Landlord must serve written notice specifying the acts/omissions constituting the breach
- Tenant gets a 21-day cure period to remedy the violation
- Lease terminates after 30 days if the breach is not cured within 21 days
- Only applies to material noncompliance that affects health and safety
- Immediate termination allowed for: illegal drug activity, criminal acts threatening safety, or willful safety threats — no 30-day notice required
- +2 more requirements
Unlawful Detainer Court Process
§ 55.1-1242
⏰ Timeline
- First return date on summons
- Before continuance granted
- Must escrow each month during case
✅ Key Requirements
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- Tenant must escrow rent due if requesting continuance
- Exception: if tenant asserts good faith defense
- Tenant must continue paying future rent to escrow
- Court may grant 1 week to make full escrow payment
- Failure to escrow results in judgment for landlord
- +1 more requirements
Tenant's Right of Redemption
§ 55.1-1250
⏰ Timeline
- At or before first return date
- 10 days after return date with commitment
- Up to 48 hours before scheduled eviction
✅ Key Requirements
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- Tenant can pay all amounts owed at or before the first return date to dismiss the unlawful detainer
- Payment must include: rent due, other charges/fees, late charges, attorney fees, and court costs
- Must pay by cashier's check, certified check, or money order
- Tenant may present a written commitment from a government/nonprofit to pay within 10 days of the return date
- After judgment, tenant can still pay in full up to 48 hours before the scheduled eviction execution
- +4 more requirements
Writ of Eviction and Sheriff's Lockout
§ 55.1-1255
⏰ Timeline
- Sheriff schedules date/time
- 24 hours after eviction to collect belongings
- After 24-hour period expires
✅ Key Requirements
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- The sheriff schedules and posts notice of the eviction date and time
- The sheriff oversees the physical removal of tenant and property
- Tenant's property is placed in the public way or landlord-designated storage area
- Tenant has 24 hours after eviction to retrieve personal belongings
- After the 24-hour period, landlord may remove or dispose of remaining property
- +3 more requirements
Landlord's Duty to Maintain Premises
§ 55.1-1220
✅ Key Requirements
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- Landlord must comply with building and housing codes materially affecting health and safety
- Landlord must make all repairs necessary for fit and habitable condition
- Common areas must be kept clean and structurally safe
- All electrical, plumbing, sanitary, heating, ventilating, AC, and appliances must be maintained
- Landlord must prevent moisture accumulation and mold growth and promptly respond to tenant mold notices
- +5 more requirements
Tenant Notice Requirements for Repairs
§ 55.1-1234
⏰ Timeline
- Written notice to landlord
- 21 days to remedy
- 30 days after notice if not remedied
✅ Key Requirements
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- Tenant must serve written notice to the landlord specifying the acts/omissions constituting the breach
- Notice must state a 21-day remedy period and a 30-day termination date
- Only applies to material noncompliance by the landlord that affects health and safety
- If landlord does not remedy within 21 days, tenant may terminate the lease
- Tenant may also recover actual damages, obtain injunctive relief, and recover reasonable attorney fees
- +3 more requirements
Tenant's Repair and Deduct Remedy
§ 55.1-1244.1
⏰ Timeline
- Written notice required
- 14 days to make repairs
- After 14 days, can hire contractor
✅ Key Requirements
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- Condition must materially affect health/safety
- Tenant must give written notice to landlord
- Landlord has 14 days to make reasonable repair efforts
- Contractor must be licensed by Board for Contractors
- For pest control: must be licensed pesticide business
- +3 more requirements
Rent Escrow and Withholding for Repairs
§ 55.1-1244
⏰ Timeline
- Written notice required first
- 30+ days presumed unreasonable
- Within 5 days of rent due date
- Within 15 days (emergency: sooner)
✅ Key Requirements
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- Tenant must first give written notice to the landlord about the condition before filing
- A delay of 30 or more days by the landlord is presumed unreasonable
- Tenant files a declaration (assertion) in general district court requesting relief
- Tenant must pay rent into court escrow within 5 days of the rent due date
- Tenant must continue paying future rent into escrow each month
- +4 more requirements
Landlord's Right to Enter Dwelling Unit
§ 55.1-1229
✅ Key Requirements
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- Landlord must give at least 72 hours' notice for routine maintenance
- Notice must state the last date maintenance may be performed (within 14 days of notice)
- No notice required for emergencies, impractical situations, or tenant-requested maintenance
- Valid entry reasons: inspect premises, make repairs/alterations, supply services, show unit to prospective buyers/tenants/contractors
- Landlord cannot abuse right of access or use it to harass the tenant
- +3 more requirements
Month-to-Month Tenancy Termination
§ 55.1-1253
⏰ Timeline
- 7 days before next rent due date
- 30 days before next rent due date (or per agreement)
- 60 days for 20+ or 50%+ nonrenewals
✅ Key Requirements
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- Month-to-month tenancy requires 30 days' written notice before the next rent due date to terminate
- Week-to-week tenancy requires 7 days' written notice before the next rent due date
- The rental agreement may specify a different notice period
- Landlords with 4+ units must give 60 days' written notice of rent increases before renewal
- Landlords with 4+ units must give 60 days' written notice of nonrenewal before the lease ends
- +3 more requirements
Early Termination for Military Personnel
§ 55.1-1235
⏰ Timeline
- At least 30 days after next rent due date
- No more than 60 days before departure
- Before termination date
✅ Key Requirements
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- Written notice of termination to landlord
- Effective date: not less than 30 days after next rent payment due
- Not more than 60 days before required departure
- Must provide copy of official orders or commanding officer letter
- No liquidated damages allowed
- +1 more requirements
Early Termination for Domestic Violence Victims
§ 55.1-1236
⏰ Timeline
- 28 days after serving notice on landlord
- Copy of protective order or court document
✅ Key Requirements
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- Obtain protective order or conviction/warrant during active lease
- Give written termination notice to landlord
- Provide copy of protective order or court document
- Effective 28 days after notice served
- Can use for current lease and one subsequent lease
- +2 more requirements
Damage Insurance in Lieu of Security Deposit
§ 55.1-1206
✅ Key Requirements
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- Landlord may require damage insurance as condition of tenancy
- Insurance premiums are rent (not security deposit)
- Combined deposit + premiums cannot exceed 2 months' rent
- Tenant must be notified of right to obtain separate policy
- If tenant opts out, can provide own policy or pay full deposit
- +2 more requirements
Renter's Insurance Requirements
§ 55.1-1206
✅ Key Requirements
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- Landlord may require renter's insurance as lease condition
- Tenant must be notified of right to obtain separate policy
- If tenant gets own policy, must provide proof to landlord
- Tenant must maintain coverage throughout lease term
- If policy lapses, landlord may provide coverage
- +2 more requirements
Disposal of Abandoned Property
§ 55.1-1254
⏰ Timeline
- 24 hours after applicable period
- At reasonable times during 24-hour period
✅ Key Requirements
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- Landlord must provide proper written notice
- Tenant has right to remove property during 24-hour window
- Landlord must allow reasonable access times
- During 24-hour period: landlord not liable for property loss
- After 24 hours: landlord may dispose as he sees fit
Death of Sole Tenant
§ 55.1-1256
⏰ Timeline
- 10 days
- After 10-day notice expires
- Date of death
✅ Key Requirements
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- Applies only to sole tenant under written agreement
- No court-appointed probate representative exists
- 10-day written notice to authorized contact or tenant's address
- Notice states property will be disposed per § 55.1-1254
- Authorized occupants/guests must vacate within 10 days
- +2 more requirements