Virginia Landlord-Tenant Law Guide

The Virginia Residential Landlord and Tenant Act (VRLTA), codified at Va. Code § 55.1-1200 et seq., governs most residential rentals in Virginia. It provides specific protections for tenants regarding security deposits, habitability, and eviction procedures.

This guide covers Virginia's security deposit rules including the 45-day return deadline, habitability standards, rent and late fee limits, eviction protections, and how to file claims in Virginia General District Court.

Security Deposit Rules

Deposit Limits

Virginia limits security deposits to two months' rent maximum. This includes:

• Standard security deposit
• Pet deposits
• Any other refundable deposits

Return Deadline

Under Va. Code § 55.1-1226:

• With deductions: 45 days to return with itemization
• If only deduction is damage caused: 45 days
• Failure to return: Tenant entitled to return of entire deposit

Itemization Requirements

The landlord must provide:

• Written itemized list of all deductions
• Description of each item of damage
• Cost of repair for each item
• Any remaining balance

Penalties for Non-Compliance

• Actual damages incurred
• Return of entire deposit if landlord acts in bad faith
• Attorney fees if tenant prevails

Move-In/Move-Out Inspections

Virginia law requires:

• Move-in report: Landlord must provide within 5 days
• Tenant inspection: You have right to inspect with landlord before moving out
• Documentation: Take photos and video at both move-in and move-out

Habitability Standards

Under the VRLTA, landlords must maintain:

• Structural integrity and weather protection
• Working plumbing with hot and cold water
• Adequate heating and cooling systems
• Electrical systems in safe condition
• Functioning smoke detectors
• Common areas safe and clean
• Pest control
• Proper garbage disposal

Repair Request Process

1. Give written notice of needed repairs
2. Allow 21 days for non-emergency repairs (30 days during rental season)
3. For emergencies affecting health/safety, landlord must act promptly
4. If not repaired, tenant may:
   • Terminate lease after proper notice
   • Seek court-ordered repairs
   • Recover damages for diminished value

Rent and Fees

Late Fees

Virginia has specific rules about late fees:

• Cannot exceed 10% of monthly rent (or $50 if rent is $500 or less)
• Must have 5-day grace period after due date
• Fee must be stated in lease

Application Fees

• Maximum $50 per applicant
• Must be disclosed in writing
• Non-refundable only if disclosed

Eviction Protections

For Non-Payment

• 5-day pay or quit notice required
• Tenant can cure by paying within 5 days
• If unpaid, landlord must file in General District Court
• Court hearing typically within 21 days

For Lease Violations

• 30-day notice for material non-compliance
• 21 days to cure if violation is curable
• Immediate termination for serious criminal activity

Illegal Eviction Actions

Landlords cannot:

• Lock out tenants without court order
• Remove tenant belongings
• Shut off utilities
• Remove doors or windows
• Harass or threaten tenants

Breaking a Lease

Virginia allows early termination for:

• Military deployment: Under federal SCRA and Va. Code § 55.1-1236
• Domestic violence: With 30 days notice and documentation
• Uninhabitable conditions: After proper notice period
• Senior citizens: Moving to assisted living (30 days notice)

Mitigation Duty

If you break your lease, Virginia landlords must make reasonable efforts to re-rent. They cannot simply leave the unit empty and charge you rent through the end of the lease term.

Virginia General District Court

For security deposit and tenant disputes:

• Limit: $25,000
• Filing fee: $47-$91
• Where to file: Where property is located
• Small claims: No separate small claims court

Northern Virginia Considerations

Northern Virginia (Fairfax, Arlington, Alexandria) may have additional protections:

• Some jurisdictions have tenant advocacy programs
• Stricter code enforcement
• Higher rental market standards

Demand Letter Essentials

Your Virginia demand letter should include:

1. Move-out date and confirmation of forwarding address
2. Citation to Va. Code § 55.1-1226
3. Amount of deposit paid and amount withheld
4. Specific objections to deductions
5. Request for full itemization if not received
6. Deadline to respond (14 days typical)
7. Notice of intent to file in General District Court

Common Illegal Deductions

Landlords cannot deduct for:

• Normal wear and tear
• Pre-existing damage (document at move-in)
• Cleaning if you left the unit clean
• Painting unless you caused damage beyond nail holes
• Carpet replacement if carpet was already worn

Virginia Tenant Resources

These Virginia agencies and resources can help with landlord-tenant disputes:

• Virginia Attorney General Consumer Protection — Files complaints and provides mediation for housing disputes
• Virginia General District Court Self-Help — Forms, filing instructions, and court procedures for tenant claims
• Virginia Legal Aid — Free legal assistance for qualifying low-income tenants
• Virginia Department of Housing — State housing resources and tenant assistance programs

Frequently Asked Questions

Why does Virginia allow 45 days to return deposits?

Virginia's 45-day deadline is longer than most states (typically 14-30 days) to give landlords adequate time to assess damages and obtain repair estimates. However, the trade-off is strict itemization requirements—landlords must provide detailed written explanations for every deduction, or forfeit their right to withhold any amount.

What happens if my Virginia landlord doesn't provide itemization?

Under Va. Code § 55.1-1226, if a landlord fails to provide a proper itemized list of deductions within 45 days, they forfeit the right to withhold any portion of the security deposit. You're entitled to the return of your entire deposit, plus potential damages and attorney fees if you have to sue.

Can my Virginia landlord charge more than 10% late fee?

No. Virginia law caps late fees at 10% of the periodic rent (or $50 if rent is $500 or less per month). Additionally, landlords must provide a 5-day grace period after rent is due before charging any late fee. Fees exceeding these limits are unenforceable.

How do I file a security deposit case in Virginia?

File a civil claim in Virginia General District Court where the rental property is located. Filing fees range from $47-$91 depending on the amount claimed. Bring your lease, move-in/move-out documentation, photos, all correspondence with your landlord, and a copy of your demand letter.