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VA · State landlord-law profile

Virginia landlord-tenant rules

10 of the 10 rules below carry a statute citation that was read at the official source (most recently October 2026), with the controlling text quoted. The rest are conservative reference values from Aptoria's compliance data and are labeled unverified.
10 of 10 rules source-confirmed
3 official sources linked
Reviewed October 26, 2026
At a glance
Security deposit size: Maximum security deposit is two months' periodic rent. (Va. Code § 55.1-1226(A), confirmed 2026-10). Returning the deposit: Within 45 days after the tenant vacates and surrenders possession (or the lease ends, whichever is later), return the deposit with a written, itemized statement of any deductions. Missing the deadline forfeits the right to withhold; a willful violation exposes the landlord to up to double the deposit plus court costs and attorney fees. (Va. Code § 55.1-1226, confirmed 2026-07).
2× monthly rent
Source-confirmed 2026-10
45 days after move-out
Source-confirmed 2026-07
Permitted
Source-confirmed 2026-10
Capped at 10% of monthly rent; 5 days grace
Source-confirmed 2026-10
$50
Source-confirmed 2026-10
No statewide rent regulation (check local ordinances)
Source-confirmed 2026-10
30 days
Source-confirmed 2026-10
30 days
Source-confirmed 2026-10
5 days
Source-confirmed 2026-10
24 hours
Source-confirmed 2026-10

How Virginia treats the landlord's core obligations

Late fees: Late charge only if provided in the written rental agreement, capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due. If there is no written agreement, rent is due on the first and is late if not paid by the fifth of the month (statutory 5-day grace in that case). (Va. Code § 55.1-1204(C)(4), (E), confirmed 2026-10). Application fees: Application fee may not exceed $50 (exclusive of actual third-party screening costs); $32 for public housing / HUD-regulated units. Application deposits must be refunded (less actual expenses, itemized) within 20 days if the applicant is rejected or does not rent (10 days where paid by cash/certified funds and the landlord rejected). (Va. Code § 55.1-1203(C), confirmed 2026-10).
Nonpayment notice: 14 days: landlord may terminate for nonpayment only if the tenant fails to pay within 14 days after written notice of nonpayment is served. (Va. Code § 55.1-1245(F), confirmed 2026-10). Rent increases: Month-to-month/holdover: new rent takes effect no sooner than the next rent due date falling 30 days after written notice (§ 55.1-1253(D)). Separately, landlords with more than four units must give tenants with a renewal option/auto-renewing lease at least 60 days' notice of any rent increase for the next term before the term ends (§ 55.1-1204(K)); rises to 90 days effective July 1, 2027. No statewide rent cap. (Va. Code § 55.1-1253(D); § 55.1-1204(K), confirmed 2026-10). Ending a month-to-month tenancy: Either party may end a month-to-month tenancy by written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period; week-to-week requires 7 days. (Va. Code § 55.1-1253(A), confirmed 2026-10). Entry: No fixed hour count for general entry: except in emergency or where impractical, landlord must give notice of intent to enter and may enter only at reasonable times. Routine maintenance not requested by the tenant requires at least 72 hours' notice and must be performed within 14 days of the notice. (Va. Code § 55.1-1229(A)(4), confirmed 2026-10).
Virginia has no statewide rent regulation on file, so any cap on increases would come from a local ordinance. Source-of-income protection is on file statewide, so voucher and benefit income must be treated like any other lawful income in screening and advertising. Card surcharges on rent: allowed within card-network limits. Managing property for others for compensation generally requires a state license: State real estate broker license required for property management for others — confirm with state commission.

Security deposits

What Virginia allows a landlord to collect up front, how it must be held, and the deadline and paperwork for returning it.

Security deposit limit

Source-confirmed 2026-10
Maximum security deposit is two months' periodic rent.
Va. Code § 55.1-1226(A). Read at Code of Virginia, Virginia Law (official) in October 2026.
“in an amount or value in excess of two months' periodic rent.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “2× monthly rent”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The maximum a landlord may collect up front as security against unpaid rent or damage, usually expressed as a multiple of one month's rent. Separate pet, key or cleaning deposits often count toward the same limit.

Deposit return deadline

Source-confirmed 2026-07
Within 45 days after the tenant vacates and surrenders possession (or the lease ends, whichever is later), return the deposit with a written, itemized statement of any deductions. Missing the deadline forfeits the right to withhold; a willful violation exposes the landlord to up to double the deposit plus court costs and attorney fees.
Va. Code § 55.1-1226. Read at Code of Virginia, Virginia Law (official) in July 2026.
Reference value in Aptoria's compliance data: “45 days after move-out”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The window after the tenant vacates in which the landlord must refund the deposit or deliver an itemized statement of deductions. Missing the deadline is the most common way a landlord forfeits the right to keep any part of the deposit.

Separate pet deposit

Source-confirmed 2026-10
A pet deposit is permitted but is by definition part of the 'security deposit', so the security deposit plus any pet deposit together may not exceed two months' periodic rent (§ 55.1-1226(A)). No separate statutory pet-deposit cap.
Va. Code § 55.1-1200 (definition of 'Security deposit'); § 55.1-1226(A). Read at Virginia Law Library / Legislative Information System (official) in October 2026.
“"Security deposit" means any refundable deposit of money that is furnished by a tenant to a landlord to secure the performance of the terms and conditions of a rental agreement, as a security for damages to the leased premises, or as a pet deposit.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “Permitted”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a refundable pet deposit can be collected on top of the security deposit. Even where it is permitted, the combined amount usually has to stay inside the overall deposit limit.
In practice
• Hold the deposit the way the statute requires (separate or escrow account where applicable) and record the account in the file.
• Document move-in condition with a dated, photographed inventory the tenant can sign; it is the only evidence that supports a later deduction.
• Send the itemized statement and any refund by a trackable method, and keep the receipts or estimates behind every deduction.

Rent, late fees and application fees

The fees a Virginia lease can charge, the statutory ceilings that override the lease, and whether rent increases are regulated statewide.

Late fees

Source-confirmed 2026-10
Late charge only if provided in the written rental agreement, capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due. If there is no written agreement, rent is due on the first and is late if not paid by the fifth of the month (statutory 5-day grace in that case).
Va. Code § 55.1-1204(C)(4), (E). Read at Code of Virginia, Virginia Law (official) in October 2026.
“No such late charge shall exceed the lesser of 10 percent of the periodic rent due or 10 percent of the remaining balance due and owed by the tenant.”
Excerpt from the cited source as read on the date shown.
The 'late if not paid by the fifth' default in § 55.1-1204(C)(4) applies only where there is no written rental agreement; a written lease may set its own due date/grace.
Reference value in Aptoria's compliance data: “Capped at 10% of monthly rent; 5 days grace”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Any statutory ceiling on the fee for late rent and any mandatory grace period before it can be charged. Where there is no statutory cap, courts still strike fees they find punitive rather than a reasonable estimate of the landlord's cost.

Application fee limit

Source-confirmed 2026-10
Application fee may not exceed $50 (exclusive of actual third-party screening costs); $32 for public housing / HUD-regulated units. Application deposits must be refunded (less actual expenses, itemized) within 20 days if the applicant is rejected or does not rent (10 days where paid by cash/certified funds and the landlord rejected).
Va. Code § 55.1-1203(C). Read at Code of Virginia, Virginia Law (official) in October 2026.
“An application fee shall not exceed $50 ... an application fee shall not exceed $32”
Excerpt from the cited source as read on the date shown.
Subsection lettering shifts (C becomes D) in the version effective July 1, 2027.
Reference value in Aptoria's compliance data: “$50”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
A cap on what an applicant can be charged to apply, sometimes limited to the actual cost of screening and sometimes prohibited outright. Fee receipts and refund rules usually travel with the cap.

Statewide rent regulation

Source-confirmed 2026-10
(d) No statewide rent-cap statute and no express rent-control preemption/authorization statute. The VRLTA applies in all jurisdictions, may not be waived or modified by any locality, and supersedes local ordinances on landlord-tenant relations (§ 55.1-1201(A), (E)); it contains no rent-increase cap. Rent increases on a month-to-month tenancy require at least 60 days' written notice (§ 55.1-1253(D), as recorded in wave 1). No locality in Virginia currently has rent control.
Va. Code § 55.1-1201(A), (E); § 55.1-1253(D). Read at Virginia Law Library / Legislative Information System (official) in October 2026.
“This chapter shall apply to all jurisdictions in the Commonwealth and may not be waived or otherwise modified ... This chapter shall supersede all other local ordinances or regulations concerning landlord and tenant relations”
Excerpt from the cited source as read on the date shown.
Secondary sites claim a 2023 statutory rent-control ban at § 55.1-1201; Dillon-rule limits on local power are case law, not statute, and are therefore not asserted here.
Reference value in Aptoria's compliance data: “No statewide rent regulation (check local ordinances)”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
Whether a statewide law caps annual rent increases or whether rent control exists for covered units. Local ordinances can add limits even where the state has none.
In practice
• State the late fee, the grace period and the application fee in the lease in dollars or a clear percentage; a fee that is not in the lease is rarely enforceable.
• Never charge above the statutory cap even when the lease says more; the excess is unenforceable and can expose the landlord to penalties.
• Keep fee calculations in the ledger so a tenant, a court or an auditor can reproduce them from the rent roll.

Notices, rent increases and termination

How much written notice Virginia requires before a rent increase, before ending a month-to-month tenancy, and before filing for nonpayment.

Rent-increase notice

Source-confirmed 2026-10
Month-to-month/holdover: new rent takes effect no sooner than the next rent due date falling 30 days after written notice (§ 55.1-1253(D)). Separately, landlords with more than four units must give tenants with a renewal option/auto-renewing lease at least 60 days' notice of any rent increase for the next term before the term ends (§ 55.1-1204(K)); rises to 90 days effective July 1, 2027. No statewide rent cap.
Va. Code § 55.1-1253(D); § 55.1-1204(K). Read at Code of Virginia, Virginia Law (official) in October 2026.
“such new rent amount shall not take effect until the next rent due date coming 30 days after the notice”
Excerpt from the cited source as read on the date shown.
§ 55.1-1204(K) 60-day (90-day from 2027-07-01) renewal-increase notice applies only to landlords with more than four rental units; read at https://law.lis.virginia.gov/vacode/title55.1/chapter12/section55.1-1204/.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The written notice a landlord must give before a rent increase takes effect on a periodic (month-to-month) tenancy. Fixed-term leases generally cannot be changed mid-term.

Month-to-month termination notice

Source-confirmed 2026-10
Either party may end a month-to-month tenancy by written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period; week-to-week requires 7 days.
Va. Code § 55.1-1253(A). Read at Code of Virginia, Virginia Law (official) in October 2026.
“at least 30 days prior to the next rent due date ... unless the rental agreement provides for a different notice period.”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “30 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a landlord must give to end a periodic tenancy without cause. Some jurisdictions require longer notice for long-term tenants or require a stated cause.

Pay-or-quit notice

Source-confirmed 2026-10
14 days: landlord may terminate for nonpayment only if the tenant fails to pay within 14 days after written notice of nonpayment is served.
Va. Code § 55.1-1245(F). Read at Code of Virginia, Virginia Law (official) in October 2026.
“the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “5 days”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The notice a tenant must receive for nonpayment before the landlord can file for possession, and the time the tenant has to pay in full and cure. This is the step most often done wrong in an eviction.
In practice
• Serve notices in the form and by the method the statute names, and keep proof of service with the dated notice.
• Count notice periods the way the statute counts them (calendar days, business days, or "before the next rent due date") and build in a margin.
• Treat a notice to a possibly rent-regulated or subsidized unit as a legal check, because longer periods and extra content requirements usually apply.

Landlord entry

When a Virginia landlord may enter an occupied unit and how much notice the tenant must receive.

Non-emergency entry notice

Source-confirmed 2026-10
No fixed hour count for general entry: except in emergency or where impractical, landlord must give notice of intent to enter and may enter only at reasonable times. Routine maintenance not requested by the tenant requires at least 72 hours' notice and must be performed within 14 days of the notice.
Va. Code § 55.1-1229(A)(4). Read at Code of Virginia, Virginia Law (official) in October 2026.
“the landlord shall give the tenant notice of his intent to enter and may enter only at reasonable times ... at least 72 hours' notice of routine maintenance”
Excerpt from the cited source as read on the date shown.
Reference value in Aptoria's compliance data: “24 hours”. Where it differs from the statute above, the statute controls; differences found in review are logged for an engine update.
The advance notice required before a landlord enters an occupied unit for repairs, inspections or showings. Emergencies are the usual exception.
In practice
• Give written notice with the date, a reasonable time window and the purpose, and log the entry afterwards.
• Emergencies are the only common exception; document what made the entry urgent.
• A pattern of unannounced entries is a common basis for tenant complaints and counterclaims.

Payments, fair housing and licensing

Operational rules that sit outside the landlord-tenant act but decide how rent can be collected, who can be screened out, and who may manage for others.
Card surcharges on rent
Allowed within card-network limits
Returned-payment (NSF) fee
No statewide statutory cap on file
Source-of-income protection
Protected statewide
Local ordinances can extend protection beyond the statewide rule.
Property-management licensing
License generally required to manage for others
State real estate broker license required for property management for others — confirm with state commission.
Compliance posture values are reference data compiled from public statutes and are not source-confirmed line by line. Confirm with the state agency before relying on them.

Virginia next to its neighbors

Own units on both sides of a state line? These are the reference values for every bordering jurisdiction. Open a state to see which values carry a citation.
RuleVirginiaDistrict of ColumbiaKentuckyMarylandNorth CarolinaTennesseeWest Virginia
Security deposit limit2× monthly rent1× monthly rentNo statewide cap2× monthly rent2× monthly rentNo statewide capNo statewide cap
Deposit return deadline45 days after move-out45 days after move-out60 days after move-out45 days after move-out30 days after move-out30 days after move-out60 days after move-out
Late feesCapped at 10% of monthly rent; 5 days graceCapped at 5% of monthly rent; 5 days graceNo statewide cap (reasonableness standard)Capped at 5% of monthly rentCapped at 5% of monthly rent or $15; 5 days graceCapped at 10% of monthly rent; 5 days graceNo statewide cap (reasonableness standard)
Rent-increase notice30 days30 days30 days60 days30 days30 days30 days
Non-emergency entry notice24 hours48 hours48 hoursReasonable noticeReasonable notice24 hoursReasonable notice
Pay-or-quit notice5 days30 days7 days10 days10 days14 daysNo statewide minimum
Source-of-income protectionProtected statewideProtected statewideNo statewide protection on fileProtected statewideNo statewide protection on fileNo statewide protection on fileNo statewide protection on file
Card surcharges on rentAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limitsAllowed within card-network limits

Lease disclosures on file

Federal and state disclosures Aptoria's lease workflow surfaces for Virginia. This is a working checklist from public sources, not a complete legal inventory for a specific property.
• Lead-based paint hazards (pre-1978 housing) — EPA Pamphlet "Protect Your Family from Lead in Your Home"
• Move-in checklist (VRLTA §55.1-1214)
• Mold remediation (if known)
• Military zone disclosure

Official sources

Primary sources a Virginia landlord should bookmark. Each link was fetched and read during the October 2026 review; the binding text is always the current official version.
Browse landlord-law topics across all states

Questions Virginia landlords ask

How much can a landlord charge for a security deposit in Virginia?

Maximum security deposit is two months' periodic rent. (Va. Code § 55.1-1226(A), confirmed 2026-10).

How long does a Virginia landlord have to return the security deposit?

Within 45 days after the tenant vacates and surrenders possession (or the lease ends, whichever is later), return the deposit with a written, itemized statement of any deductions. Missing the deadline forfeits the right to withhold; a willful violation exposes the landlord to up to double the deposit plus court costs and attorney fees. (Va. Code § 55.1-1226, confirmed 2026-07).

What is the maximum late fee in Virginia?

Late charge only if provided in the written rental agreement, capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due. If there is no written agreement, rent is due on the first and is late if not paid by the fifth of the month (statutory 5-day grace in that case). (Va. Code § 55.1-1204(C)(4), (E), confirmed 2026-10).

How many days does a Virginia pay-or-quit notice give the tenant?

14 days: landlord may terminate for nonpayment only if the tenant fails to pay within 14 days after written notice of nonpayment is served. (Va. Code § 55.1-1245(F), confirmed 2026-10).

How much notice must a Virginia landlord give before entering?

No fixed hour count for general entry: except in emergency or where impractical, landlord must give notice of intent to enter and may enter only at reasonable times. Routine maintenance not requested by the tenant requires at least 72 hours' notice and must be performed within 14 days of the notice. (Va. Code § 55.1-1229(A)(4), confirmed 2026-10).

How much notice is required to raise rent in Virginia?

Month-to-month/holdover: new rent takes effect no sooner than the next rent due date falling 30 days after written notice (§ 55.1-1253(D)). Separately, landlords with more than four units must give tenants with a renewal option/auto-renewing lease at least 60 days' notice of any rent increase for the next term before the term ends (§ 55.1-1204(K)); rises to 90 days effective July 1, 2027. No statewide rent cap. (Va. Code § 55.1-1253(D); § 55.1-1204(K), confirmed 2026-10).

How much notice is required to end a month-to-month tenancy in Virginia?

Either party may end a month-to-month tenancy by written notice at least 30 days before the next rent due date, unless the rental agreement provides a different period; week-to-week requires 7 days. (Va. Code § 55.1-1253(A), confirmed 2026-10).

Does Virginia have statewide rent control?

No statewide rent regulation is on file for Virginia. Local ordinances can still limit increases, so check the city or county where the unit sits before setting a renewal rent.

Is source of income a protected class in Virginia?

Statewide source-of-income protection is on file for Virginia. Screening criteria, advertising and income calculations must treat vouchers and benefit income like other lawful income. Local rules can add further protections.

Can a Virginia landlord add a surcharge for paying rent by card?

Allowed within card-network limits. Where a surcharge is allowed, it must still follow card-network rules and be disclosed before payment.

How this page was verified

Every rule is shown in one of two states. “Source-confirmed” means an editor opened the official statute page named next to the rule on the date shown, read the controlling text, and recorded the excerpt you see; the excerpt is quoted verbatim so you can check it. “Reference value” means Aptoria's compliance engine applies a conservative number for this rule, but nobody has yet tied it to a specific statute section on this page, so it must be checked before you rely on it.
This page meets Aptoria's evidence floor for publication (10 source-confirmed rules and 3 fetched official sources). Statutes change; local ordinances can be stricter; the facts of a tenancy change the result.