Tenant Rights
Applications:
Tenants may be charged a nonrefundable application fee of no more than $50 (not including third party costs for a background check) and a
refundable application deposit. If the tenant does not rent the unit, the application deposit must be returned, minus any actual costs or
damages. (§55.1-1203)
Written lease:
Under the VRLTA, a landlord is required to provide a tenant a written lease. If a landlord fails to do so, the VRLTA still protects a tenant by
establishing a statutory lease between landlord and tenant for 12 months not subject to automatic renewal. (§55.1-1204)
Disclosure:
A landlord must reveal certain information to the tenant, including any visible evidence of mold (§55.1-1215), the name and address of the
owner or property manager (§55.1-1216) and notice of sale or foreclosure of the property. (§§55.1-1216, 1237).
Security Deposit:
A landlord may require a security deposit of up to two monthʼs rent. Within five days of move in the tenant has a right to object to anything
in the move-in report. The tenant also has a right to be present at a move-out inspection, which must be made within 72 hours of delivery of
possession. (§§55.1-1214, 1226)
Receipts:
Upon request, a tenant is entitled to a written receipt of rent paid by cash or money order. Upon request, a tenant is entitled to a written
statement of all charges and payments over the past 12 months. (§55.1-1204(D), (I))
Privacy:
A landlord may not release information about a tenant without consent, except under certain conditions, which are generally when tenant
information is already public. (§55.1-1209)
Fit and Habitable Premises:
A tenant has the right to a fit and habitable rental unit in accordance with the Uniform Statewide Building Code. The landlord must make all
repairs needed to keep premises fit and habitable. (§55.1-1220) To enforce the right to get repairs, a tenant must be current in rent, give the
landlord written notice and wait a reasonable period. If repairs are not made, a tenant can file a Tenantʼs Assertion in General District
Court.This must be filed no later than five days after rent is due. There is no rent withholding in Virginia, except under repair and deduct.
(§55.1-1244)
Repair and Deduct:
If an issue on the property affects life, health, safety, or seriously affects habitability, and a landlord has not begun to address it within 14 days
after written notice from the tenant, the tenant may contract to have the repair done by a licensed contractor at a cost of not more than $1,500,
or one monthʼs rent, whichever is more. The tenant may deduct the actual cost of the repair from the rent. The tenant must send the landlord
an itemized invoice and a receipt for payment to the contractor for the work, along with any payment of remaining rent owed. (§55.1-1244.1)
Virginia Statement of Tenant Rights and Responsibilities under the
Virginia Residential Landlord and Tenant Act as of July 1, 2021
This is a summary of tenantsʼ rights and responsibilities under the Virginia Residential Landlord and Tenant Act. This
summary does not modify your lease or Virginia law. A lease cannot give up a tenantʼs rights under the law. The
information below is not intended as legal advice. Tenants with questions are encouraged to contact their local legal aid
program at (866) 534-5243 or valegalaid.org/find-legal-help.
Eviction:
A landlord may not evict a tenant without following the court eviction process. The landlord first sends a written notice and next the landlord
files an unlawful detainer lawsuit. The landlord must get a court order of possession, followed by a Writ of Eviction that is served by the
Sheriff. (§§55.1-1245, 1252). A tenant not getting paid due to a federal shutdown of 14 or more days can get an eviction lawsuit for
nonpayment of rent postponed for 60 days. (§44-209)
Redemption (Pay & Stay):
After an unlawful detainer lawsuit for nonpayment of rent is filed, a tenant has the right to pay to a zero balance on or before the court date
and have the lawsuit dismissed. After a court issues a judgment of possession, a tenant has the right to pay to a zero balance up to two
business days before the Sheriffʼs eviction and have the eviction cancelled. If the landlord has five or more rentals, a tenant may use these
rights at any time. If the landlord has four or fewer rentals, a tenant may use one of these rights only once in a 12-month period.
(§55.1-1250)
Tenant Responsibilities
Rent:
Unless the lease says otherwise, rent is due in equal payments each month on or before the first of each month. (§55.1-1204)
Late Fees:
If rent is not paid on time, the tenant must pay a late fee if the lease requires one. A late fee can be no more than 10% of the monthly rent, or
10% of the unpaid balance, whichever is less. (§55.1-1204(E))
Insurance:
A tenant may be required to have and pay for renterʼs insurance. A tenant also may be required to have and pay for damage insurance
and/or a security deposit, but the total of both the damage insurance premiums and the security deposit may not exceed two monthsʼ rent.
(§§55.1-1206, 1208)
Access:
A tenant must allow a landlord access to the unit at reasonable times and for practical purposes, such as maintenance, inspection, or to
provide services. A tenant must allow access unless the landlordʼs request is unreasonable. Unless impractical due to an emergency, the
landlord must give 72-hoursʼ notice of maintenance. If the tenant requests maintenance, notice is not required. (§55.1-1229)
Maintain Fit and Habitable Premises:
The tenant must keep the rental unit as clean and safe as conditions allow and in accordance with the Uniform Statewide Building Code. The
tenant must promptly notify the landlord of visible mold and use reasonable efforts to prevent moisture and mold. The tenant must
promptly notify the landlord of insects or pests and must not be at fault in failing to prevent insects or pests. (§55.1-1227)
Fair Housing:
The tenant may have a right to file a fair housing complaint if the landlord or property manager violates the Virginia Fair Housing Act.
(§36-96.1 et seq)
COVID-19 Relief:
A tenant not getting paid due to the state of emergency declared by the Governor for the COVID-19 virus can get an eviction lawsuit for
nonpayment of rent postponed for 60 days by showing up on their court date and providing written proof within 90 days after the Gover-
nor ends the declaration of emergency. (§44-209)
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