According to Virginia laws, a lease agreement can be entered between both the landlord and tenant either verbally or as a written lease. Both landlords and tenants obtain certain rights and duties under the Virginia Residential Landlord and Tenant Act.
All Virginia landlords obtain certain rights such as the right to carry out the eviction process on your tenant for violating a term of the lease agreement. Your tenant, on the other hand, obtains the right to be treated fairly and respectfully as per the Virginia Fair Housing laws. The statewide tenancy law also requires both parties to abide by certain duties.
In today’s article, we’ll walk landlords through everything they need to know regarding the basics of Virginia landlord-tenant laws.
Required Landlord Disclosures
Landlords in Virginia have a legal obligation to provide their tenants with certain information. A Virginia landlord must provide their tenant with the following information prior to them signing the lease agreement. If the property owner or landlord fails to do so, the tenant can use that as legal ground to terminate their lease early.
The following are the disclosures that are required at either the federal or state level according to landlord-tenant laws:
- Information on the use of lead-based paint. This is required of landlords who are renting out a property built prior to 1978.
- A move-in checklist detailing the condition of the property prior to a tenant moving in.
- The names and addresses of the people tasked with the responsibility of managing the property.
- Whether the rental property is located near an “accident potential zone” or a “noise zone.”
- Presence of defective drywall.
- Disclosure of whether the Virginia landlord has actual knowledge of whether the housing unit has been used at any point for the manufacture of methamphetamine.
- Whether or not the dwelling unit contains mold.
- Disclosure on how utilities are going to be split between the various tenants in a multi-family building.
- Whether the property is going to be demolished, rehabilitated, or converted within a period of 6 months after a tenant moves in.
Tenants’ Rights & Responsibilities in Virginia
Tenants in Virginia have the following renter’s rights as per the Virginia Residential Landlord and Tenant Act. The right to:
- Enjoy their rented home in peace and quiet.
- Live in a home that meets the basic habitability standards.
- Terminate the rental agreement in certain legally justified circumstances.
- Be treated fairly by the Virginia landlord without being discriminated against on the basis of race, color, religion, or any other protected class.
- Have repairs done within 30 days of notifying the landlord. If the issue poses an immediate danger to their tenant’s health or safety, then the landlord must begin handling it within 24 hours.
- Exercise any of their rights without being retaliated against.
The list of duties for Virginia tenants under the landlord-tenant laws are as follows:
- Keep the premises clean and sanitary.
- Comply with all habitability standards, especially those that impact their health and safety.
- Keep all plumbing fixtures clean.
- Not to cause damage exceeding normal wear and tear as a result of their negligence, carelessness, abuse, or misuse.
- Remove garbage and trash.
- Maintain the unit by preventing the growth of mold or moisture accumulation.
- Paying utility services promptly.
- Paying the rent.
- Using all the utilities, appliances, and facilities in a reasonable manner.
Landlords’ Rights & Responsibilities
Equally, the law gives Virginia landlords certain rights and responsibilities. A Virginia landlord obtains the right to:
- Enter their tenant’s rented premises, given verbal or written notice.
- Terminate the rental agreement and process eviction of a tenant for causing a gross violation of the renting terms.
- Choose the type of tenant they wish to rent to as long as the process doesn’t discriminate against any housing applicant on the basis of their protected class.
- Require a tenant to pay a security deposit prior to moving in.
- Enforce the terms of the rental agreement, such as levying a late fee on late payment of rent.
- Charge a tenant the amount of rent of their choosing and increase it when they want to by whichever amount they decide is best.
Overview of the Virginia Landlord Tenant Laws
Landlord Entry
Virginia residential landlords have a right to enter their tenant’s rented premises. However, landlord access to the rental unit is limited and it is one of your responsibilities to provide your tenant with a notice of at least 24 hours before doing so. The entry times to the tenant’s dwelling unit must also be reasonable or as agreed.
Housing Discrimination
As already mentioned, tenants have a right to be treated fairly and respectfully regardless of their protected class. The classes are race, color, religion, sex, nationality, disability, and familial status. The state of Virginia also adds “age” to the list already provided by the federal government.
The government department tasked with the responsibility of enforcing discrimination complaints is the Virginia Fair Housing Board. Any discrimination under these protected classes can result in legal action in court.
Rent Increase
Virginia law explicitly prohibits local governments from passing rent control laws. This, therefore, means that landlords can charge as much rent as they like. That said, it’s in your best interest as a Virginia landlord not to overcharge a tenant in order to avoid high vacancy rates. The amount should be reasonable so the average tenant of the area is able to pay rent.
You’re also under no legal obligation to provide your tenant with any justification for raising rent. There are also no restrictions on the amount a Virginia landlord can raise rental payments on a tenant by. However, raising rental rates without reason might cause the tenants to distrust you, as a landlord.
Early Lease Termination
Normally, a tenant in a fixed-term lease can only move out after their term has ended. If not, as a landlord, you can hold them liable for making all rental payment dues under the rental agreement.
There are some exceptions to that blanket rule for a tenant, though. In Virginia, a tenant can legally break their rental agreement early for the following reasons.
- Active military duty
- Domestic violence
- Uninhabitable unit
- The early termination clause in the written rental agreement
- Failure to be provided with mandatory disclosures
- Lease violation by the landlord
Landlords in Virginia are under no obligation to mitigate damages after a tenant has left early. This means that if a Virginia tenant breaks their agreement early for any other reason except those aforementioned, you’ll be under no obligation to re-rent the unit.
Technically speaking, you, as the landlord, can choose to sit back and relax and wait for the lease or rental agreement and tenancy period to end, then sue the Virginia tenant for all payments due under the rental agreement.
Conclusion
Being a landlord in Virginia can be confusing. The expert team at Keyrenter Richmond is here to answer any of your questions related to landlord-tenant laws and to help with all your property management needs. Give us a call today for more information.
Disclaimer: This blog does not replace professional legal advances provided to you by a registered attorney. Laws frequently change and there is a possibility that this information may not be up to current laws at the time you read it.
For professional help, not only in Virginia landlord-tenant law but in multiple aspects of being a landlord, our team at Keyrenter Richmond can help. We take the stress out of managing your Richmond rental properties.