Virginia Landlord Tenant Law

Key Takeaways

1. The Virginia landlord-tenant act allows both verbal and written lease agreement arrangements, but clearly defined terms, proper disclosures, and compliance with the Virginia Residential Landlord Tenant Act are critical to protecting both parties’ rights and establishing positive landlord tenant relationships.
2. Virginia residential landlords have broad rights to enforce rental terms, enter the property with proper written notice, and require a security deposit, but they must follow strict rules on disclosures, written notices, fair housing, privacy, and security deposit handling to avoid legal disputes.
3. Tenants are entitled to habitability, fair treatment, and proper written notice for entry or eviction, rent changes, and security deposit deductions, while also being responsible for rent payment, property care, and honoring the lease agreement unless legally justified to terminate early.
4. Because Virginia landlord-tenant laws involve complex rules around lease agreement enforcement, entry rights, early termination, written notices, and security deposit handling, you should consider seeking qualified legal assistance to reduce risk and ensure full compliance.

According to Virginia landlord-tenant laws, a lease agreement can be entered between both the rental property owner and tenant either verbally or as a written lease. Both landlords and tenants obtain certain rights and duties towards a dwelling unit under the Virginia Residential Landlord and Tenant Act.

All Virginia residential landlords obtain certain rights such as the right to obtain possession of the rental property and carry out the eviction process on your tenant for violating lease terms.

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 when it comes to a dwelling unit.

Required Landlord Disclosures

As a Virginia residential landlord, you have a legal obligation to provide your renters with certain information. Virginia landlords must provide their tenants with the following information prior to them signing the lease agreement. If the rental property owner or landlord fails to do so, the tenants can use that as legal ground to terminate their lease early. The following are the disclosures that are required under either the federal or state level laws towards a rental dwelling unit according to the landlord and tenant act:

• Information on the use of lead-based paint. This is required of rental property owners who are renting out a building built prior to 1978.
• A move-in checklist detailing the condition of the rental property prior to a renter 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 rental property owner 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 renters in a multifamily residential structure.
• Whether the rental 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 landlord-tenant act. The right to:

• Enjoy their rented home in peace and quiet.
• Live in a home or dwelling unit that meets the basic habitability standards.
• Terminate the lease in certain legally justified circumstances and notify the landlord prior to leaving
• Be treated fairly by the rental property owner without being discriminated against on the basis of race, color, religion, or any other protected class.
• Have repairs done on the rental property 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 renters under the landlord-tenant laws are as follows:

• Keep the premises of the rental dwelling unit clean and sanitary.
• Comply with all rental property 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

Virginia residential landlord tenant law gives both the landlords and the tenants certain rights and responsibilities. When a rental agreement has been signed, landlords obtain the right to:

• Enter their tenant’s rented premises, given verbal or written notice.
• Terminate the rental agreement, process eviction of a tenant, and assume possession of the unit 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 into the dwelling unit
• Enforce the terms of the rental agreement, such as levying a late fee if a tenant fails to pay rent on time.
• Charge a tenant the amount of rent of their choosing and increase it when they want to by whichever amount they decide is best, with or without a written notice

Overview of the Virginia Landlord Tenant Laws

Landlord Entry

Housing Discrimination

The government department tasked with the responsibility of enforcing discrimination complaints is the Virginia Fair Housing Board. Any discrimination under the Fair Housing Act or the Virginia Landlord-Tenant Act can result in legal action in court.

Rent Increase

Virginia law explicitly prohibits local governments from passing rent control policies. This, therefore, means that landlords can charge as much in rental fees as they like and make periodic rent increases.

That said, it’s in your best interest as Virginia landlords not to overcharge or increase rental prices in order to avoid high vacancy rates. The rental prices 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 renters to distrust you, hurting the landlord tenant relationship.

When a landlord rents out their property, they need to know all the details! Make sure you know the residential landlord and tenant laws inside and out and it’s never a bad idea to contact an attorney if you have any questions.

Early Lease Termination

Normally, a tenant in a fixed-term lease agreement can only move out after their lease period has ended. If not, as a landlord, you can hold them liable for paying all rental fees under the rental agreement.

There are some exceptions to that blanket rule for a tenant, though. In Virginia, a tenant can legally break their lease agreement early for the following reasons under the state law.

• 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 lease agreement early for any other reason except those aforementioned, you’ll be under no obligation to re-rent the unit and may be able to keep the security deposit.

Conclusion

Being a landlord in Virginia can be confusing, including the legal process and maintaining a good landlord tenant relationship. Whether you own multifamily dwelling units, a multifamily residential structure, a single-family residence, or any other residential property, the expert team at Keyrenter Richmond is here to answer any of your questions related to Virginia landlord-tenant laws, a good landlord-tenant relationship, 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. Contact an attorney or the Virginia Fair Housing Office if you have any questions. For professional help, not only in Virginia law but in multiple aspects of being a landlord to rental dwelling units, our team at Keyrenter Richmond can help. We take the stress out of managing your Richmond rental properties.