Virginia Landlord-Tenant Law

Virginia limits security deposits to 2 months' rent, and requires its return within 45 days after the triggering event; landlords give 72 hours' notice before entering, and state law bars cities from adopting rent control.

Last verified: 2026-10-27 · Researched and cited by MakeLease · not yet attorney-reviewed

Upcoming changes

Landlords with more than four units must give written notice of a rent increase at least 90 days before the lease term ends, with a renewal-response deadline at least 30 days after delivery; nonrenewal notice stays at 60 days. Effective 2027-07-01 (2026 HB 678 (2026 Va. Acts ch. 1066)).
Landlords with more than four units must, when arrears are no more than one month's rent plus late charges, serve a 14-day notice offering a payment plan (equal monthly installments over the lesser of six months or the remaining term, no added late fees while current); offered once per lease term. Effective 2027-07-01 (2026 HB 95 (2026 Va. Acts ch. 1105)).

Security deposits in Virginia

Maximum deposit

Landlords may not demand or receive a security deposit of more than two months' periodic rent, and any up-front insurance premiums count toward that same cap (Va. Code §§ 55.1-1226(A), 55.1-1206, 55.1-1208(A)(7)). (Va. Code § 55.1-1226(A), Va. Code § 55.1-1206(A), (C), Va. Code § 55.1-1208(A)(7))

Two months' periodic rent; the deposit plus any damage- or renter's-insurance premiums collected before move-in may not together exceed two months' rent

Return deadline

Landlords must return the deposit, with an itemized written list of any deductions, within 45 days after the tenancy ends or the tenant vacates, whichever is later (Va. Code § 55.1-1226(A)). (Va. Code § 55.1-1226(A), Va. Code § 55.1-1226(E))

Itemized deductions

Landlords must itemize the deposit and all deductions in a written notice to the tenant, including an itemized list of damages after the move-out inspection (Va. Code § 55.1-1226(A), (G)). (Va. Code § 55.1-1226(A), (G))

Interest on deposits

Virginia law does not require landlords to pay interest on security deposits; § 55.1-1226 is silent on interest (Va. Code § 55.1-1226). (Va. Code § 55.1-1226)

Penalty for wrongful withholding

A landlord who willfully fails to comply with the deposit rules must return the deposit and pay the tenant's actual damages and reasonable attorney fees, unless the tenant owes rent, in which case the deposit is credited against the rent due (Va. Code § 55.1-1226(E)). (Va. Code § 55.1-1226(E))

Virginia security deposit law and return-deadline calculator

Virginia late fees

Late-fee limit

A late fee may be charged only if the written lease provides for it and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed (Va. Code § 55.1-1204(E)). (Va. Code § 55.1-1204(E))

Formula: Lesser of 10% of the periodic rent or 10% of the remaining balance due and owed; only if the written lease provides for it

Grace period

Virginia sets no mandatory grace period for written leases, so a late fee provided in the lease may apply once rent is past due; only when there is no written lease is rent late after the fifth of the month (Va. Code § 55.1-1204(C)(4)-(5), (E)). (Va. Code § 55.1-1204(C)(4)-(5), (E))

Landlord entry in Virginia

Except in emergencies or where impractical, landlords must give notice of intent to enter and enter only at reasonable times, with at least 72 hours' notice for routine maintenance the tenant did not request (Va. Code § 55.1-1229(A)(4)). (Va. Code § 55.1-1229(A)(4))

Standard: 72 hours' notice for routine maintenance not requested by the tenant (work done within 14 days); otherwise notice of intent to enter and entry only at reasonable times; no notice in emergencies or for tenant-requested maintenance

Ending a month-to-month tenancy in Virginia

Either party may end a month-to-month tenancy with written notice served at least 30 days before the next rent due date, unless the lease sets a different period (Va. Code § 55.1-1253(A)). (Va. Code § 55.1-1253(A), (B))

Landlord: 30 days · Tenant: 30 days

Week-to-week: 7 days before next rent due date. 30-day notice runs to the next rent due date unless the lease sets a different period. Owners of multifamily premises not renewing the greater of 20 or 50% of month-to-month tenancies within 30 days must give 60 days' notice.

Rent increase notice in Virginia

For month-to-month tenants, a written rent increase takes effect no sooner than the next rent due date at least 30 days after notice, and landlords with more than four units must give 60 days' written notice before a renewing lease ends (Va. Code §§ 55.1-1253(D), 55.1-1204(K)). (Va. Code § 55.1-1253(D), Va. Code § 55.1-1204(K))

Month-to-month/holdover: new rent takes effect on the next rent due date at least 30 days after written notice. Landlords with more than 4 units (or >10% interest in more than 4) must give 60 days' written notice before the lease term ends of any rent increase for a renewing or auto-renewing lease (90 days from July 1, 2027).

Rent control in Virginia

Virginia has no rent control, and the VRLTA supersedes local landlord-tenant ordinances, so landlords may set rent at lease renewal subject only to the notice rules (Va. Code § 55.1-1201(A), (E)). (Va. Code § 55.1-1201(A), (E))

No statewide rent control; the VRLTA supersedes local landlord-tenant ordinances and no locality has authority to adopt rent control.

Required lease disclosures in Virginia

Before or at lease signing, Virginia landlords must give the DHCD tenant-rights statement, put an itemized fee list on the lease's first page, and make the listed condition and location disclosures (Va. Code §§ 55.1-1204, 55.1-1204.1, 55.1-1214 to -1219). (Va. Code § 55.1-1204(B), Va. Code § 55.1-1204.1, Va. Code § 55.1-1215, Va. Code § 55.1-1216, Va. Code § 55.1-1217, Va. Code § 55.1-1218, Va. Code § 55.1-1219, Va. Code § 55.1-1206(D))

DHCD Statement of Tenant Rights and Responsibilities, with signed acknowledgment form (With the written lease offer; copy within 10 business days of lease effective date) — Va. Code § 55.1-1204(B), (H)
Itemized charges (deposit, rent per period, one-time charges) beginning on the first page of the lease, with the required statement (In every written lease) — Va. Code § 55.1-1204.1
Move-in inspection report of existing damages, including disclosure of any visible mold (Within 5 days after occupancy) — Va. Code § 55.1-1214; § 55.1-1215
Name and address of the property manager and an owner or owner's agent (At or before the beginning of the tenancy) — Va. Code § 55.1-1216(A)
Pending condominium/cooperative registration or planned demolition, rehabilitation or conversion displacing tenants (Multifamily; to prospective tenants) — Va. Code § 55.1-1216(C)
Noise zone or accident potential zone near a military air installation (Localities with a military air installation; before lease signing) — Va. Code § 55.1-1217
Known unremediated defective drywall (Landlord has actual knowledge; before lease signing) — Va. Code § 55.1-1218
Known prior methamphetamine manufacture not cleaned up (Landlord has actual knowledge; before lease signing) — Va. Code § 55.1-1219
Notice that landlord's insurance does not cover tenant property, renter's insurance does not cover flood, and where to check flood-zone status (Before signing, if the lease does not require renter's insurance) — Va. Code § 55.1-1206(D)
Lead-based paint disclosure and EPA pamphlet (Housing built before 1978) — 42 U.S.C. § 4852d; 40 CFR Part 745 Subpart F

Eviction notices in Virginia

Unpaid rent

Before terminating for unpaid rent, landlords must serve a written notice giving the tenant 14 days to pay (Va. Code § 55.1-1245(F)). (Va. Code § 55.1-1245(F), 2026 Va. Acts chs. 353 (HB 15), 354 (SB 48))

Notice: 14-day pay or quit notice (notice of nonpayment) (14 days)

In effect since July 1, 2026.
Before July 1, 2026: Five-day written notice of nonpayment (§ 55.1-1245(F) as of 2025).

Lease violations

For a curable material lease violation, landlords must give written notice allowing 21 days to remedy, with termination no sooner than 30 days after receipt; non-remediable breaches get a 30-day termination notice, and criminal or willful acts threatening health or safety allow immediate termination (Va. Code § 55.1-1245(A)-(C)). (Va. Code § 55.1-1245(A)-(C))

Notice period: 21 days; the tenant can cure the violation within the notice period

Virginia compared with neighbouring states

Virginia and its neighbours on five headline rules
State	Deposit cap	Deposit return	Late fee	Entry notice	Rent control
Virginia	2 months' rentVa. Code § 55.1-1226(A), Va. Code § 55.1-1206(A), (C), Va. Code § 55.1-1208(A)(7)	45 days after the triggering eventVa. Code § 55.1-1226(A), Va. Code § 55.1-1226(E)	Lesser of 10% of the periodic rent or 10% of the remaining balance due and owed; only if the written lease provides for it; grace: no state grace periodVa. Code § 55.1-1204(E), Va. Code § 55.1-1204(C)(4)-(5), (E)	72 hours' noticeVa. Code § 55.1-1229(A)(4)	None; cities barred from adopting itVa. Code § 55.1-1201(A), (E)
Kentucky	No state cap	No fixed deadline	No state cap; grace: no state grace period	Set by local law only	No statewide rent control
Maryland	1 month's rent (with exceptions)	45 days after the lease ends	Statutory formula; grace: no state grace period	24 hours' notice	Set by local law only
North Carolina	2 months' rent (with exceptions)	30 days after move-out	Statutory formula; grace: 5 days	No state rule	None; cities barred from adopting it
Tennessee	No state cap	No fixed deadline	Statutory formula; grace: 5 days	No fixed number of hours	None; cities barred from adopting it
West Virginia	No state cap	60 days after the lease ends	No state cap; grace: no state grace period	No state rule	No statewide rent control
District of Columbia	1 month's rent (with exceptions)	45 days after the lease ends	Statutory formula; grace: 5 days	48 hours' notice	Statewide limit

Writing a Virginia lease

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