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    Virginia Late Fee Law

    Virginia limits residential late fees by statute. Lesser of 10% of the periodic rent or 10% of the remaining balance due and owed; only if the written lease provides for it. State law sets no grace period, so any grace period comes from the lease.

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

    Virginia late fee law at a glance

    Upcoming change

    • 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 (2026 HB 95 (2026 Va. Acts ch. 1105)).
    Late-fee capLesser of 10% of the periodic rent or 10% of the remaining balance due and owed; only if the written lease provides for itVa. Code § 55.1-1204(E)
    Grace periodNo state grace periodVa. Code § 55.1-1204(C)(4)-(5), (E)
    Notice before filing for unpaid rent14 days (14-day pay or quit notice (notice of nonpayment))Va. Code § 55.1-1245(F), 2026 Va. Acts chs. 353 (HB 15), 354 (SB 48)

    Notice before filing for unpaid rent

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

    What Virginia law says

    Is there a limit on late fees in Virginia?

    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)).

    Does Virginia require a grace period before a late fee?

    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)).

    How much notice must a Virginia landlord give for 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)).

    How Virginia compares

    20 of 51 verified jurisdictions cap late fees by statute. 14 require a grace period.

    Maryland follows the same rule as Virginia; 5 of its 6 neighbors differ.

    Late-fee cap · grace periodStates
    Statutory formula · noneVirginia, Maryland
    No state cap · noneKentucky, West Virginia
    Statutory formula · 5 daysNorth Carolina, Tennessee, District of Columbia

    Local rules in Virginia

    The VRLTA applies statewide and supersedes local ordinances on landlord-tenant relations (Va. Code § 55.1-1201(E)); localities may run voluntary mediation commissions and enforce property-maintenance codes, but no Virginia locality has rent control.

    Other Virginia rules

    Security deposit limit2 months' rentVa. Code § 55.1-1226(A), Va. Code § 55.1-1206(A), (C), Va. Code § 55.1-1208(A)(7)
    Deposit return deadline45 days after the triggering eventVa. Code § 55.1-1226(A), Va. Code § 55.1-1226(E)
    Entry notice72 hours' noticeVa. Code § 55.1-1229(A)(4)
    Rent-increase notice30 days (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))Va. Code § 55.1-1253(D), Va. Code § 55.1-1204(K)
    Month-to-month termination30 days (either side)Va. Code § 55.1-1253(A), (B)

    Read the Virginia law

    Put the late fee and grace period in writing

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