Virginia Landlord-Tenant Law: Rights, Rent, and Rules

Most of the rules that decide who owes what in a Virginia rental come from one statute: the Virginia Residential Landlord and Tenant Act. This page explains what the Act covers, defines the terms that the more specific articles assume you know, and points to where each procedure, deposits, repairs, rent, notices, and eviction, is spelled out. It describes the law as it stands in 2026 and links every rule to its section in the Code of Virginia so the current text is one click away.

What Virginia’s Landlord-Tenant Law Covers

The Virginia Residential Landlord and Tenant Act, abbreviated VRLTA, is the framework for residential renting in Virginia. It sits in Chapter 12 of Title 55.1 and runs from § 55.1-1200 onward. The Act covers the whole life of a tenancy: what a lease can require, what a landlord must keep in repair, how much a deposit can be and when it comes back, how rent and late fees work, when and how a landlord may enter, and the steps a landlord follows to end a tenancy or evict.

As of 2026, the VRLTA applies to most residential dwelling units in Virginia. Earlier versions exempted landlords who owned only a few single-family homes, but that carve-out was removed, so today the Act reaches nearly all residential leases, whether the property is an apartment, a house, or a condominium. A short list of arrangements still falls outside it, for example, stays in a hotel or hospital, occupancy by a purchaser under a contract of sale, and residence in certain institutional settings.

The VRLTA does not govern commercial leases, and it is not the same body of law as the rules for mobile home parks, which have their own chapter. This page, and the articles it links to, address residential tenancies under the VRLTA.

Key Terms in a Virginia Tenancy

A few terms carry specific meaning throughout the Act, and the procedural articles use them without re-defining each time.

A dwelling unit is the structure or part of a structure used as a home. A rental agreement is the lease, the set of terms, written or oral, that governs the tenancy. The security deposit is money or property the landlord holds against unpaid rent and damage. An unlawful detainer is the court case a landlord files to recover possession from a tenant who has not left. A writ of eviction is the order the court issues after a landlord wins that case, which the sheriff carries out.

Two more distinctions matter early. A material noncompliance is a lease violation serious enough to support ending the tenancy, as opposed to a minor breach. And the difference between a notice to terminate (the landlord’s out-of-court demand) and the unlawful detainer (the court filing) is the reason a landlord cannot simply lock a tenant out, possession changes hands only through the court.

Lease and Rental Agreement Basics

A Virginia lease can be written or oral, though a fixed term longer than a year generally must be in writing to be enforceable. The rental agreement sets the rent, the term, and the parties’ duties, and it can add terms the parties negotiate, but it cannot waive the protections the VRLTA builds in. A lease clause that tries to sign away a tenant’s statutory rights, or to relieve the landlord of duties the Act imposes, is unenforceable to that extent.

Rent is due as the agreement states. Late fees are allowed only if the lease provides for them, and the Act caps them, a late fee cannot exceed the lesser of 10 percent of the monthly rent or 10 percent of the remaining balance the tenant owes. When a landlord and prospective tenant have no signed lease but the tenant has paid and taken possession, the VRLTA supplies default terms, and the tenancy is generally treated as month-to-month.

Landlord Responsibilities for Repairs and Habitability

The core of a landlord’s duty is set out in § 55.1-1220. Under Va. Code § 55.1-1220, the landlord must comply with applicable building and housing codes affecting health and safety, make repairs to keep the unit fit and habitable, keep shared common areas clean and safe, and maintain electrical, plumbing, heating, ventilating, air-conditioning, and sanitary facilities in good working order. The landlord must supply running water and reasonable amounts of hot water at all times, and heat in season, unless the tenant controls those systems directly.

The same section addresses two issues that generate frequent disputes. The landlord must prevent the accumulation of moisture and the growth of mold, and where there is visible mold, must remediate it and give the tenant a summary of the remediation. The landlord must also provide a certificate confirming that smoke alarms are present and in working order, no more than once every 12 months, under Va. Code § 55.1-1220.

When a landlord fails to meet these duties, the VRLTA gives the tenant defined remedies rather than a right to stop paying rent and stay. Depending on the problem, those can include a court order requiring repairs, a rent escrow proceeding in which the tenant pays rent into court until conditions are fixed, or termination if the landlord does not cure a serious defect after written notice.

Tenant Responsibilities Under the Lease

Tenants carry their own set of statutory duties. A tenant must keep the unit clean and safe, use fixtures and appliances reasonably, dispose of trash properly, refrain from deliberately or negligently damaging the property, and avoid disturbing neighbors’ peaceful enjoyment. A tenant who creates a condition the landlord must then fix, a clogged drain from misuse, for example, can be charged for that repair.

The tenant’s obligations and the landlord’s are linked. A deduction from the security deposit for damage, discussed below, depends on the tenant having breached the duty to avoid damage beyond ordinary wear and tear. And a tenant’s serious or repeated breach of these duties is what lets a landlord move to end the tenancy under the notice rules that follow.

Security Deposits

Deposit rules are among the most-searched parts of Virginia tenancy law, and they are set by Va. Code § 55.1-1226. A landlord cannot demand or receive a security deposit larger than two months’ periodic rent. During the tenancy the landlord may make deductions for damage, but must notify the tenant in writing within 30 days of determining a deduction, itemizing the reason.

At the end of the tenancy, the landlord may apply the deposit to unpaid rent, to damages from the tenant’s noncompliance beyond reasonable wear and tear, and to other charges the lease allows. The landlord must give the tenant an itemized written statement of any deductions, along with any refund due, within 45 days after the tenancy ends or the tenant moves out, whichever is later, under Va. Code § 55.1-1226. The tenant has the right to be present at the landlord’s move-out inspection, which the landlord must conduct within 72 hours of taking back possession.

Ending a Tenancy: Notices, Nonpayment, and Eviction

A landlord cannot force a tenant out directly. Ending a tenancy against the tenant’s wishes takes a written notice first, then a court case if the tenant does not leave. The notice rules are in Va. Code § 55.1-1245.

For a lease violation other than nonpayment, the landlord serves a written notice that identifies the breach and states that the rental agreement will terminate 30 days after the tenant receives it if the breach is not remedied within 21 days. This is often called a 21/30 notice. For nonpayment of rent, the landlord must give a written notice allowing the tenant 14 days to pay before the landlord may terminate and file for possession, under Va. Code § 55.1-1245.

If the notice period passes without a cure or payment, the landlord files an unlawful detainer in the General District Court. Even after judgment, Virginia law gives a tenant facing eviction for unpaid rent a right of redemption: under Va. Code § 55.1-1250, paying all rent, damages, court costs, and attorney fees owed at least 48 hours before the scheduled eviction cancels it, unless there are other grounds for possession. A tenant, local government, or nonprofit can also present a redemption tender at the first court date, which continues the case for 10 days to allow payment.

Where Landlord-Tenant Disputes Are Decided

Most Virginia landlord-tenant cases are heard in the General District Court for the city or county where the property sits. That court handles unlawful detainer actions for possession and civil claims for money, including deposit disputes, up to its jurisdictional limit. Filing an unlawful detainer starts with a summons, and the case moves quickly compared with circuit court civil litigation.

A tenant or landlord who wants to understand rights before filing can consult the Virginia Attorney General’s consumer protection resources, which include guidance and complaint channels on housing and rental issues. For the underlying rules themselves, the text of the VRLTA on the Virginia Law site is the controlling source, and each section linked on this page carries the current statutory language.

Specific procedures and topics