Published 2026-09-25 · 32 min read

Virginia Landlord-Tenant Law 2026: The Plain-English Guide

Virginia rentals run under the Virginia Residential Landlord and Tenant Act (VRLTA), Title 55.1, Chapter 12, §§ 55.1-1200 et seq. Possession cases are unlawful detainer actions under § 8.01-126 in general district court, executed only by the sheriff on a writ of eviction under § 8.01-470. The headlines: a two-month deposit cap with a 45-day itemized return, a statutory late-fee cap the old summaries miss, and — the change that invalidates every old form in the state — a 14-day pay-or-quit notice for nonpayment, effective July 1, 2026.

Get the 2026 changes right first, because several widely copied Virginia guides are now wrong on core numbers:

• Nonpayment notice: 14 days, not 5. House Bill 15 (2026 Acts of Assembly, Chapter 353) and Senate Bill 48 (Chapter 354) amended § 55.1-1245(F) effective July 1, 2026. A five-day notice served on or after that date does not state the current cure period.
• Central air conditioning is an essential service. The § 55.1-1200 definition now includes central air conditioning when supplied by the landlord and operating or represented as operating on the agreement's effective date (House Bill 519, Chapter 624, effective July 1, 2026).
• You may not bill tenants for your own maintenance. Section 55.1-1208(C) (House Bill 1005 / Senate Bill 313, Chapters 722 and 723): unless necessitated by the tenant's violation of the chapter, no landlord shall require a tenant to pay any fee for the maintenance or repair of a dwelling unit.
• Rent-payment rules are statutory. Section 55.1-1204(J) requires acceptance of rent and deposits by check and money order, a written receipt for cash or money-order rent, and caps any processing fee at actual third-party cost — only if a fee-free alternative is also offered.
• More is already enacted for 2027. Expanded retaliation protection and revised rent-escrow and fire-or-casualty procedures take effect January 1, 2027; pre-application disclosures, nonpayment-notice accountings, and a payment-plan offer rule for larger landlords take effect July 1, 2027. Each is flagged below with its date. Do not apply a future rule early, and do not miss it when it arrives.

What follows is the law as published in the Code of Virginia at law.lis.virginia.gov, checked section by section, including the multiple dated versions LIS publishes for sections with staggered effective dates. Where an earlier version of this guide stated a rule differently, this version corrects it and says so.

Virginia landlords: Virginia's deposit, notice, and entry rules changed more in 2026 than in the prior decade — see how your state's rules stack up against all 50 in the 50-State Landlord Law Dataset (CSV + JSON) ($29).

Virginia landlord-tenant law at a glance

Who the VRLTA covers — and who it does not

Section 55.1-1201(B) states the coverage in one sentence: the chapter applies to occupancy in all single-family and multifamily dwelling units in the Commonwealth. There is no small-landlord exemption from the VRLTA itself — a one-house landlord is under the same deposit cap, notice periods, and entry rules as a 500-unit operator; the four-unit thresholds in §§ 55.1-1204(J)–(K), 55.1-1250, and the source-of-funds rule are exceptions inside individual sections, not an exemption from the Act. Manufactured home lot rentals sit under Chapter 13 (§ 55.1-1300 et seq.), outside this guide. The chapter applies in all jurisdictions, may not be waived or modified by a locality or a court, and covers public housing dwelling units — except that where it conflicts with HUD regulations, the HUD regulations control (§ 55.1-1201(A)).

Section 55.1-1201(C) lists the occupancies that are not residential tenancies under the chapter: (1) residence at an institution, if incidental to detention or to medical, geriatric, educational, counseling, religious, or similar services; (2) occupancy by a member of a fraternal or social organization in the part of the structure operated for the organization; (3) occupancy by a condominium owner or cooperative proprietary lessee; (4) occupancy in a campground as defined in § 35.1-1; (5) occupancy by a tenant who pays no rent; (6) occupancy by a landlord's employee whose right to occupancy in a multifamily unit is conditioned on employment in and about the premises, or a former employee whose occupancy continues less than 60 days; (7) occupancy under a contract of sale by the purchaser or a successor; and (8) occupancy in a recovery residence as defined in § 37.2-431.1.

Transient lodging has its own rule in § 55.1-1201(D). A guest in a hotel, motel, extended-stay facility, boardinghouse, or similar lodging who does not reside there as a primary residence is not a tenant under the chapter, and the operator may use self-help eviction without an unlawful detainer. But a person who resides in such lodging as a primary residence for more than 90 consecutive days, or under a written lease for more than 90 days, is covered (§ 55.1-1201(D)(4)); at 90 days or less, the owner must still give a five-day written notice of nonpayment before self-help (§ 55.1-1201(D)(3)).

Two definitions do daily work. "Notice" and "written notice" run through § 55.1-1202 and § 55.1-1200: notice in writing by regular mail or hand delivery, with the sender retaining proof as a certificate of service — build that certificate into every notice workflow below. And "essential service" now means heat, central air conditioning when supplied by the landlord and operating or represented as operating as of the agreement's effective date, running water, hot water, electricity, and gas (§ 55.1-1200, as amended by 2026 Chapter 624).

Finally, local law cannot rewrite any of this: § 55.1-1201(E) provides that the chapter supersedes all other local ordinances concerning landlord and tenant relations and residential leasing, preserving only mediation commissions and property-maintenance-code compliance ordinances. That clause is half of the rent-control answer below.

The rental agreement — required pieces, prohibited pieces

You must offer a written agreement, with the state rights statement

Section 55.1-1204(B) requires a landlord to offer a prospective tenant a written rental agreement, and to provide with it the statement of tenant rights and responsibilities developed by the Department of Housing and Community Development under § 36-139; the parties sign the DHCD acknowledgment form. Section 55.1-1204(H) requires delivery of a copy of the signed agreement and the statement within 10 business days of the effective date — with an enforcement tooth: the landlord shall not file or maintain an action, including a summons for unlawful detainer, for any alleged lease violation until the tenant has been provided the statement. The landlord must also give one additional hard copy per year on request, or maintain the agreement in an accessible electronic format, at no charge (§ 55.1-1204(H)). If the tenant will not sign the acknowledgment, record the date or dates you provided it and the fact of non-signature (§ 55.1-1204(B)).

If you offer no written agreement, the Code writes one for you

Section 55.1-1204(C) supplies default terms: the chapter applies; the term is 12 months with no automatic renewal (except as § 55.1-1253(D) provides for holdovers); rent is payable in 12 equal installments at the agreed amount or, if none was agreed, fair market rent; rent is due on the first and considered late if not paid by the fifth; and the deposit may not exceed two months' rent. An oral arrangement is not unregulated — it is a statutory lease on terms you did not draft. See how to write a lease agreement.

The first-page fee disclosure — § 55.1-1204.1

Every written rental agreement must begin, on its first page, with an itemization of all charges comprising (i) the security deposit, (ii) the rent due per payment period, and (iii) any additional one-time charges due before the commencement date or included in the first rental payment — immediately preceded by the statutory sentence: "No additional security deposits or rent shall be charged unless they are listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement" (§ 55.1-1204.1, enacted 2024, amended by 2025 Chapter 567).

Prohibited provisions — § 55.1-1208, and the 2026 maintenance-fee ban

A rental agreement may not contain a provision by which the tenant agrees to waive or forgo rights or remedies under the chapter; waive conversion/rehabilitation or Servicemembers Civil Relief Act protections in the terms § 55.1-1208(A) states; authorize confession of judgment; pay the landlord's attorney fees except as the chapter provides; accept exculpation or indemnification of the landlord's liability; or agree to pay a security deposit, damage-insurance premiums, and renter's-insurance premiums before commencement that together exceed two months' periodic rent (§ 55.1-1208(A)(1)–(8)). A prohibited provision is unenforceable, and a landlord who sues to enforce one exposes itself to the tenant's actual damages and reasonable attorney fees (§ 55.1-1208(B)).

New in 2026, subsection (C) stands apart: unless necessitated by the tenant's violation of a requirement of the chapter, no landlord shall require a tenant to pay any fee for the maintenance or repair of any dwelling unit (§ 55.1-1208(C)). Lease clauses charging a "maintenance fee," a per-work-order charge, or a deductible on ordinary repairs are exactly what this subsection removes. Tenant-caused damage remains chargeable — through § 55.1-1227 and the deposit and damages rules — but routine upkeep is the landlord's cost by statute.

How rent may be collected — § 55.1-1204(J)

The landlord shall accept payment of periodic rent and any security deposit by check and money order, and shall provide a written receipt whenever the tenant pays rent in cash or by money order. No collection or processing fee may be charged unless the landlord offers an alternative payment method with no additional fee, and any fee charged may not exceed the landlord's actual out-of-pocket expenses charged by a third party to process a card or electronic payment. A landlord with four or fewer units need not accept debit or credit cards (§ 55.1-1204(J)). Section 55.1-1204(D) adds an accounting right: on the tenant's written request, a written statement of all debits and credits over the tenancy or the past 12 months, whichever is shorter, within 10 business days — build the ledger export before a tenant asks, because the same records feed the July 1, 2027 nonpayment-notice accounting below.

How much can a Virginia landlord charge as an application fee? (§ 55.1-1203)

• Application fee cap. An application fee shall not exceed $50, exclusive of actual out-of-pocket expenses paid to a third party for background, credit, or other pre-occupancy checks; for a public housing or other HUD-regulated unit the cap is $32, on the same pass-through basis (§ 55.1-1203(C), current version; subsection (D) in the July 1, 2027 version).
• Application deposit. A refundable application deposit may be required in addition to the fee. If the applicant fails to rent, the landlord must refund, within 20 days after the failure or rejection, all sums above actual expenses and damages, with an itemized list; if the deposit was paid by cash, certified check, cashier's check, or postal money order and the failure is the landlord's rejection, the refund is due within 10 days. Noncompliance lets the applicant recover the portion wrongfully withheld plus reasonable attorney fees (§ 55.1-1203(A), current version).
• Identification. The landlord may photocopy a driver's license or similar photo identification (but not a U.S. government-issued identification where doing so violates 18 U.S.C. § 701), and may require a Social Security number or an Individual Taxpayer Identification Number (§ 55.1-1203(B), current version). An SSN-only form that refuses an ITIN misstates the section.
• Family-abuse mitigation. The landlord shall consider evidence of an applicant's status as a victim of family abuse (§ 16.1-228) to mitigate the effect of an otherwise qualified applicant's low credit score, on the proof the section lists (a program, HUD-certified counselor, or attorney letter; a law-enforcement report; or a court order). Noncompliance exposes the landlord to actual damages, including all application amounts paid, plus attorney fees (§ 55.1-1203(D), current version).
• COVID-era screening bar. A landlord owning more than four units shall not take adverse action based solely on payment history or a nonpayment eviction from the period beginning March 12, 2020 and ending 30 days after the COVID-19 emergency's expiration or revocation; a denial triggers a written-notice and challenge procedure, and noncompliance carries $1,000 in statutory damages plus attorney fees (§ 55.1-1245(J)). See our tenant screening guide and fair housing guide.

Coming July 1, 2027 — pre-application disclosures. The enacted 2027 version of § 55.1-1203 (2026 Chapter 1050) adds subsection (A): before requesting or collecting any payment or information, the landlord must notify the applicant in writing, or by accessible posting, of (i) all fees and any application deposit, and whether each is refundable; (ii) the selection criteria; (iii) automatic-denial criteria; (iv) other criteria that may cause denial; (v) the consumer reporting agency's name and address, if a report is used; and (vi) the right to a free report copy on adverse action and to dispute its accuracy.

How much can a Virginia landlord charge as a security deposit, and when must it be returned? (§ 55.1-1226)

Our dedicated Virginia security deposit law guide tracks the same section. The rules below are stated from the current text of § 55.1-1226 itself — and, on one point flagged below, the two guides do not currently agree.

The cap — two months, however denominated, and combined with insurance premiums

"No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent" (§ 55.1-1226(A)). "Security deposit" in § 55.1-1200 means any refundable deposit furnished to secure performance of the agreement, as security for damage, or as a pet deposit; money is deemed an application deposit until the commencement date. Relabeling does not help: a refundable pet deposit or a reservation deposit that converts to security counts toward the same two months.

Watch the combined front-end cap: § 55.1-1208(A)(7) makes it a prohibited provision for the tenant to agree to pay, before commencement, a security deposit plus damage-insurance premiums plus renter's-insurance premiums exceeding two months' rent in total, and § 55.1-1206(C) repeats the ceiling. Verify totals with the Security Deposit Max Checker.

One legacy point, because older Virginia materials still repeat it: the current text of § 55.1-1226 imposes no interest obligation on deposits and no general escrow-account requirement. The pre-2014 interest rule (four points below the Federal Reserve discount rate, payable only when a deposit was held more than 13 months) was removed years ago and appears nowhere in the current section; do not promise or calculate it. Licensed brokers remain subject to their own escrow duties — § 55.1-1226(B) deems compliance with that subsection compliance with § 54.1-2108 for licensees — a licensing obligation, not a VRLTA deposit term.

The 45-day disposition — clock, permitted applications, and the contractor extension

Within 45 days after the termination date or the date the tenant vacates, whichever occurs last, the landlord must itemize the deposit and all deductions, damages, and charges in a written notice to the tenant, with any amount due (§ 55.1-1226(A)). The deposit may be applied solely to: (i) accrued rent, including the reasonable late charges specified in the agreement; (ii) damages from the tenant's noncompliance with § 55.1-1227, less reasonable wear and tear; (iii) other damages or charges as provided in the agreement; and (iv) actual damages for breach under § 55.1-1251 (§ 55.1-1226(A)(i)–(iv)).

If the termination date falls before the agreement expires, or the tenant gave improper notice, the tenant is liable for actual damages under § 55.1-1251; the landlord must still give the disposition notice within the 45 days, but may retain any balance against the tenant's financial obligations under the chapter or the agreement (§ 55.1-1226(A)). A tenant who fails to vacate at termination is reached by unlawful detainer under § 8.01-126 — not by a lock change.

Deposit worked example. A tenancy terminates and the tenant vacates on Monday, November 2, 2026 — the same day, so the "whichever occurs last" trigger is November 2. The written itemization, with any amount due, is due within 45 days: by Thursday, December 17, 2026 (§ 55.1-1226(A)). Had the tenant vacated a week before the termination date, the termination date would control; a week's holdover would make the vacating date control. Calendar from the later date, and keep proof of both.

Three refinements decide real cases:

• Multiple tenants. Unless all tenants otherwise agree in writing, disposition is made with one check payable to all tenants, sent to a forwarding address one of them provides. If none is provided, the landlord may continue to hold the deposit in escrow; after one year from the end of the 45-day period, the landlord may remit it to the State Treasurer as unclaimed property (§ 55.1-1226(B)).
• Utility holdback. The tenant is not entitled to an immediate credit of the deposit against delinquent rent at termination. With the prior written notice § 55.1-1226(C) prescribes (in a termination notice, a vacating-date confirmation, or a separate notice at least 15 days before disposition), the landlord may withhold a reasonable portion for a balance due on a water, sewer, or other utility account owed by the tenant to a third-party provider, and must confirm payment and release any balance within 10 days after it is paid. A tenant who supplies written confirmation of the final utility payment is entitled to the refund within the 45-day period, or within 10 days after later-supplied confirmation (§ 55.1-1226(C)).
• Expedited disposition. Disposition may be made early, with an administrative fee, only if the agreement so provides and the tenant requests it in a separate written document (§ 55.1-1226(D)).

If damages exceed the deposit and require a third-party contractor, give written notice of that fact within the 45-day period; the section then allows an additional 15 days to itemize the damages and repair cost (§ 55.1-1226(E)). The notice inside the window is what buys the extension. Track every date with the Security Deposit Deadline Finder and build statements from the deductions guide.

Deductions during the tenancy — the 30-day notice

The landlord shall notify the tenant in writing of any deduction made during the tenancy, within 30 days of the date the deduction was determined, itemizing the reasons as subsection (F) requires; no notice is required for a deduction determined less than 30 days before termination (§ 55.1-1226(E)). The landlord must also maintain itemized deduction records for the preceding two years and permit the tenant (or an authorized agent or attorney) to inspect that tenant's records during normal business hours (§ 55.1-1226(F)). A mid-tenancy charge with no 30-day itemized notice fails even if the damage is real.

The penalty — willful failure, full return, actual damages, fees

An earlier version of this guide described the deposit penalty as liability for "bad-faith withholding." The statute's word is willful: "If the landlord willfully fails to comply with this section, the court shall order the return of the security deposit to the tenant, together with actual damages and reasonable attorney fees, unless the tenant owes rent to the landlord, in which case the court shall order an amount equal to the security deposit credited against the rent due" (§ 55.1-1226(E)). There is no fixed multiplier: the exposure is the entire deposit (returned or credited), plus proven actual damages and the tenant's lawyer's bill. The obligation binds whoever holds the landlord's interest at termination, whether or not the deposit was transferred at sale (§ 55.1-1226(E)) — buyers, collect the funds and the § 55.1-1226(F) records at closing regardless of what the contract says.

The two inspections — move-in under § 55.1-1214, move-out under § 55.1-1226(G)

Move-in. Within five days after occupancy, the landlord shall submit a written report itemizing damage existing at occupancy; the report is deemed correct unless the tenant objects in writing within five days after receipt (§ 55.1-1214(A)). A written policy may instead have the tenant prepare the report, or both parties prepare and sign it jointly, with the same five-day objection window (§ 55.1-1214(B)). Listed damage does not by itself oblige the landlord to repair it, except as §§ 55.1-1215 or 55.1-1220 require (§ 55.1-1214(C)) — but an unlisted condition at move-in becomes an argument at move-out. Use a move-in/move-out inspection checklist for every unit.

Move-out. On the landlord's request that the tenant vacate, or within five days after receipt of the tenant's notice of intent to vacate, the landlord shall give written notice of the tenant's right to be present at the inspection. If the tenant elects in writing to attend, the landlord gives the date and time, and the inspection must be made within 72 hours of delivery of possession. Afterward the landlord provides a written disposition statement with an itemized list of damages. Later-discovered damage is not barred, but the tenant may put the move-out report in evidence to show it did not exist at inspection (§ 55.1-1226(G)).

One deposit per tenancy, and the insurance alternative. With an assignee or sublessee, the landlord may hold a deposit from only one party (§ 55.1-1226(H)). The landlord may instead permit damage insurance in lieu of a deposit if the provider is licensed or approved by the State Corporation Commission, coverage runs from the first premium for the whole term at no less than the required deposit amount per claim, the provider agrees to approve or deny claims, and the provider notifies the landlord within 10 days of a lapse or cancellation. A tenant who chose insurance may switch to a full cash deposit at any time without the landlord's consent, on unaltered lease terms (§ 55.1-1226(I)–(J)). Section 55.1-1206 separately governs landlord-obtained damage and renter's insurance, including the tenant's right to buy a separate policy and the written no-coverage notice required when the agreement does not require renter's insurance.

How much can a Virginia landlord charge as a late fee, and how are rent increases and periodic tenancies handled?

The late-fee cap — § 55.1-1204(E), not "reasonableness"

An earlier version of this guide stated that Virginia late fees "must be in the lease and reasonable." Half of that sentence survives; the operative half does not. Section 55.1-1204(E) provides: "A landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement. No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant." The test is arithmetic, not reasonableness. On $1,800 monthly rent with the full month unpaid, the cap is $180; with only $400 still owed, it is $40. A flat $150 lease fee is unenforceable to the extent it exceeds the lesser figure that month, and a fee with no written-agreement provision at all is barred outright. Note where the rule lives: § 55.1-1204(E). Section 55.1-1251, sometimes cited for late fees, is the remedy-after-termination section; it authorizes no fee and sets no cap.

Two timing rules interact with the cap. Under the § 55.1-1204(C) default terms, rent is due on the first and considered late if not paid by the fifth. A written agreement sets its own due date and grace terms but cannot raise the § 55.1-1204(E) ceiling. And while the deposit may be applied to "the reasonable charges for late payment of rent specified in the rental agreement" (§ 55.1-1226(A)(i)), "reasonable" there describes which specified charges the deposit can absorb — it does not replace the 10-percent cap on charging them. See how to handle late rent.

No rent cap — and why no city or county can create one

The VRLTA caps neither the amount of rent nor the size of an increase, and no statewide rent-control statute exists. Local rent control is doubly barred: § 55.1-1201(E) supersedes local landlord-tenant ordinances, and under Virginia's Dillon Rule localities hold only powers the General Assembly expressly grants — no statute grants rent-regulation authority. The 2026 bills that would have granted it, House Bill 278 and Senate Bill 355 ("Local anti-rent gouging authority; civil penalty"), were continued to 2027 and referred to the Virginia Housing Commission for study — not enacted. What the law does regulate is the notice and context of increases: no increase may be retaliatory (§ 55.1-1258) or discriminatory (§ 36-96.3), and the renewal and holdover rules below set the clocks.

Renewal increases and nonrenewal — the 60-day rule for landlords with more than four units

A landlord who owns more than four rental dwelling units (or more than a 10 percent interest in more than four) shall provide written notice to any tenant who has the option to renew, or whose agreement contains an automatic renewal provision, of any increase in rent during the subsequent term, and written notice of nonrenewal — in each case no less than 60 days before the end of the term (§ 55.1-1204(K)). The subsection does not apply to a periodic tenancy created under § 55.1-1253(C). A smaller landlord remains bound by the agreement's own notice terms, by § 55.1-1204(I) (no unilateral change is valid without the required notice and both parties' written consent), and by retaliation and fair-housing law. See how to raise rent legally.

Ending a month-to-month tenancy — § 55.1-1253(A)

Either party may terminate a week-to-week tenancy on written notice served at least seven days before the next rent due date, and a month-to-month tenancy on written notice served at least 30 days prior to the next rent due date, unless the agreement provides a different period (§ 55.1-1253(A)). Read the anchor carefully: the 30 days run to a rent due date, not to any date 30 days out — the tenancy terminates on the first due date that is at least 30 days after service. An earlier version of this guide compressed this into "30 days' notice for month-to-month tenancies" as the rent-increase rule. It is not an increase rule at all; the increase-notice rule for larger landlords is § 55.1-1204(K) above.

Month-to-month worked example. Rent is due on the first. You serve written termination notice on Tuesday, December 1, 2026. Thirty days after December 1 is Thursday, December 31, 2026, so the first rent due date at least 30 days after service is Friday, January 1, 2027 — the tenancy terminates at that due date, not on December 31. Serve by a § 55.1-1202 method and keep the certificate of service.

One mass-action rule sits in § 55.1-1253(B): a multifamily owner who fails to renew the greater of 20 or more month-to-month tenancies or 50 percent of them within a consecutive 30-day period in the same premises must serve each affected tenant written notice at least 60 days before the tenancy expires — except where the tenant has failed to pay rent as agreed.

Holdover — § 55.1-1253(C)–(D)

If the tenant remains without consent after expiration or termination, the landlord may sue for possession and recover actual damages, reasonable attorney fees, and court costs, unless the tenant proves by a preponderance that the failure to vacate was reasonable. The agreement may include a holdover liquidated-damages penalty of not more than 150 percent of the per diem of the monthly rent per day (in HUD-regulated units, not more than the per diem itself) (§ 55.1-1253(C)). If the landlord consents to continued occupancy, § 55.1-1204 governs and, under § 55.1-1253(D), the terminated agreement's terms carry into the holdover tenancy — except rent, which is the old amount or the amount in a written notice, and a new rent amount takes effect only at the next rent due date coming 30 days after the notice. That sentence is the closest thing Virginia has to a general increase-notice rule, and it applies only in the holdover setting.

How much notice must a Virginia landlord give before entering? (§ 55.1-1229: there is no 24-hour rule)

An earlier version of this guide stated that Virginia requires "24 hours' notice by statute" before entry. No subsection of § 55.1-1229 says that, and the claim is corrected here. The section's actual structure is consent, a general notice standard, and one specific 72-hour rule:

• Consent. The tenant shall not unreasonably withhold consent to enter to inspect; make necessary or agreed repairs, decorations, alterations, or improvements; supply necessary or agreed services; or exhibit the unit to prospective or actual purchasers, mortgagees, tenants, workmen, or contractors (§ 55.1-1229(A)(1)). If the agreement so provides and the tenant without reasonable justification refuses to permit exhibiting for sale or lease, the landlord may recover damages, costs, and reasonable attorney fees (§ 55.1-1229(A)(3)).
• The general standard. The landlord may enter without consent in case of emergency, and shall not abuse the right of access or use it to harass the tenant. Except in case of emergency or if it is impractical to do so, the landlord shall give the tenant notice of intent to enter and may enter only at reasonable times (§ 55.1-1229(A)(4)). "Notice of intent" carries no fixed hour count — which is why inventing "24 hours" is dangerous in both directions: it is neither a safe harbor the statute grants nor a floor it imposes.
• The one fixed clock: 72 hours for unrequested routine maintenance. Unless impractical, the landlord shall give at least 72 hours' notice of routine maintenance not requested by the tenant; the work must be performed within 14 days of delivery of the notice, and the notice must state the last date it may possibly be performed. Tenant-requested maintenance requires no notice (§ 55.1-1229(A)(4)).
• No other access. "The landlord has no other right to access except by court order or that permitted by §§ 55.1-1248 and 55.1-1249 or if the tenant has abandoned or surrendered the premises" (§ 55.1-1229(C)). During an unlawful detainer, the landlord may ask the court for an access order (§ 55.1-1229(A)(5)). If a lawful inspection reveals a § 55.1-1227 or agreement violation materially affecting health and safety that can be remedied by repair, replacement, or cleaning under § 55.1-1248, the landlord may make the repairs and invoice the tenant; a discovered violation may also ground a § 55.1-1245 notice (§ 55.1-1229(A)(2)).
• Temporary relocation. Where a nonemergency condition requires temporary vacancy to be remedied, the landlord may, on at least 30 days' written notice, require relocation for up to 30 days to a comparable unit or hotel it selects at no expense to the tenant; rent remains payable, the landlord pays repair costs, and refusal is a breach unless the tenant instead vacates and terminates within the notice period (§ 55.1-1229(B)).

Two tenant rights belong in the lease file: a tenant may install security systems that do no permanent damage, giving the landlord duplicate keys and instructions, and bears removal costs at termination (§ 55.1-1229(D)); and on written request the landlord shall install a carbon monoxide alarm within 90 days for a reasonable fee (§ 55.1-1229(E)). Log every entry — the consent or notice relied on, its date and method, the purpose, and the time in and out. In an access dispute, the log is the difference between the statutory standard and a harassment claim.

What repairs must a Virginia landlord make under § 55.1-1220, and what duties does § 55.1-1227 place on tenants?

Section 55.1-1220(A) lists eight duties. The landlord shall:

1. comply with applicable building and housing codes materially affecting health and safety;

2. make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition;

3. keep common areas shared by two or more units of a multifamily premises clean and structurally safe;

4. maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators, supplied or required to be supplied by the landlord;

5. maintain the premises to prevent moisture accumulation and mold growth, promptly respond to tenant mold notices under § 55.1-1227(A)(10), remediate visible mold in accordance with § 8.01-226.12(E), reinspect, and provide the tenant a remediation summary (full package on request, privilege excepted);

6. provide and maintain receptacles for ashes, garbage, rubbish, and other waste and arrange for removal;

7. supply running water and reasonable amounts of hot water at all times, reasonable air conditioning if provided, and heat in season — except where the service is generated by an installation within the tenant's exclusive control or supplied by a direct public utility connection; and

8. provide, no more than once every 12 months, a certificate that all smoke alarms are present, inspected, and in good working order (§ 55.1-1220(A)(1)–(8)).

The landlord performs these duties in accordance with law and is liable only for the tenant's actual damages proximately caused by failure to exercise ordinary care (§ 55.1-1220(B)); where the (A)(1) code duty is greater than another listed duty, (A)(1) controls (§ 55.1-1220(C)). The parties may agree in writing that the tenant perform the (A)(3), (A)(6), and (A)(7) duties and specified repairs or remodeling, only in good faith, not to evade the landlord's obligations, and without diminishing duties owed to other tenants (§ 55.1-1220(D)). Note what § 55.1-1220 does not contain: no 21-day repair deadline. An earlier version of this guide attached a flat "21 days" to repair response; that figure belongs to the cure windows in §§ 55.1-1234 and 55.1-1245, while the escrow sections presume delay over 30 days unreasonable (§§ 55.1-1241(A), 55.1-1244(B)). Keep the clocks separate, and answer every repair report with a dated record. See how to handle maintenance requests.

The tenant's mirror duties are in § 55.1-1227(A)(1)–(15): comply with tenant code obligations materially affecting health and safety; keep the unit clean and safe; keep it free of insects and pests and promptly report any; use the landlord's waste receptacles; keep plumbing fixtures clean; use utilities and facilities reasonably and keep tenant-paid services on; not deliberately or negligently damage the premises; not tamper with smoke or carbon monoxide alarms; use reasonable efforts against moisture and mold and promptly report either; not paint, disturb painted surfaces, or alter pre-1978 units without prior written approval where the section's lead-disclosure conditions are met; answer for the conduct of persons present with the tenant's consent; abide by reasonable rules; bear pest costs caused by the tenant's reporting delay or fault; and use reasonable care to prevent an animal in the tenant's possession from causing injury or damage. Noncompliance with § 55.1-1227 is both a deposit-deduction category (§ 55.1-1226(A)(ii)) and a termination ground (§ 55.1-1245(A)).

Tenant remedies — termination, essential services, the possession defense, and rent escrow (and no repair-and-deduct)

An earlier version of this guide told readers that Virginia tenants may, "in some cases," repair and deduct "following strict procedures." Virginia has no repair-and-deduct statute. No section of Chapter 12 authorizes a tenant to make repairs and deduct the cost from rent. The remedies the chapter actually provides are the four below, plus damages and injunctive relief under § 55.1-1259. A tenant who self-funds a repair and shorts the rent is, under the Code as written, a tenant in nonpayment — which is why landlords should know the real remedy menu better than the tenant's internet summary does.

Termination and damages for landlord noncompliance — § 55.1-1234

If there is a material noncompliance by the landlord with the rental agreement, or a noncompliance with the chapter materially affecting health and safety, the tenant may serve written notice specifying the breach and stating that the agreement will terminate on a date not less than 30 days after receipt if the breach is not remedied in 21 days. A non-remediable breach supports a straight 30-day notice, and an intentional repeat of a previously cured like breach supports a 30-day notice referencing the prior breach. Adequate remedy before the termination date prevents termination. The tenant may not terminate for a tenant-caused condition, and may in addition recover damages and obtain injunctive relief, with reasonable attorney fees unless the landlord proves by a preponderance that its actions were reasonable. On termination, the deposit is returned under § 55.1-1226 (§ 55.1-1234). The section mirrors § 55.1-1245(A) — same 21-in-30 architecture, opposite direction.

Wrongful failure to supply an essential service — § 55.1-1239

If, contrary to the agreement or the chapter, the landlord willfully or negligently fails to supply an essential service — now including qualifying central air conditioning under § 55.1-1200 — the tenant shall serve written notice specifying the breach and, after a reasonable time to correct it, may (1) recover damages based on the diminution in fair rental value, or (2) procure reasonable substitute housing during the noncompliance, excused from rent for that period as the court determines. The tenant recovers reasonable attorney fees, may not also proceed under § 55.1-1234 for that breach, and has no § 55.1-1239 rights if the tenant side caused the condition (§ 55.1-1239). A July air-conditioning failure in a unit sold on working central air is now an essential-service case, not a comfort complaint; triage it like a heat failure.

Landlord noncompliance as a defense — § 55.1-1241

In a possession action based on nonpayment, or a rent action while the tenant is in possession, the tenant may defend on the ground that a condition constitutes or will constitute a fire hazard or serious threat to life, health, or safety — including lack of heat, running water, light, electricity, or adequate sewage disposal; rodent infestation; or the landlord's material noncompliance. The defense requires that, before the action began, the landlord refused or, having a reasonable opportunity, failed to remedy a condition of which the landlord was served notice as § 55.1-1200 defines it, or an agency violation or condemnation notice; delay over 30 days from receipt is rebuttably presumed unreasonable. The landlord answers by showing the condition does not exist, has been remedied, was tenant-caused, or that the tenant unreasonably refused entry. The court may reduce rent equitably, terminate at the tenant's request, or order the landlord to remedy the condition, with discretionary costs and fees (§ 55.1-1241). Note: § 55.1-1241 was amended by 2026 Chapters 959 and 1041 (House Bill 281) — read the current text before relying on any summary in a live case.

Tenant's assertion and rent escrow — § 55.1-1244, with a January 1, 2027 change

The tenant may file a tenant's assertion in the general district court where the premises are located, alleging a condition that is the landlord's material noncompliance or that, uncorrected, will constitute a fire hazard or serious threat to life, health, or safety — the statute lists lack of heat or hot or cold running water (with a tenant-utility-payment exception), lack of light, electricity, or adequate sewage disposal, rodent infestation, and lead-pigment paint of which the landlord has notice. Before relief, the tenant must show the landlord refused or, having a reasonable opportunity, failed to remedy after written notice or an agency violation or condemnation notice — with the same presumption that more than 30 days is unreasonable delay (§ 55.1-1244(A)–(B), current version).

Through December 31, 2026, the tenant must also have paid into court the rent called for under the agreement, within five days of its due date, unless the court modifies the amount (§ 55.1-1244(B)(2), current version). Effective January 1, 2027, the enacted replacement restructures that burden: accruing rent is paid into escrow within five days of the due date during the action, but the tenant shall not be required to pay any outstanding rent, late charges, attorney fees, or other charges or damages in order to file; late escrow payments are not grounds for dismissal, though the court may consider them, and the landlord may pursue possession under § 55.1-1245(F) or a money judgment (§ 55.1-1244(B)–(C), 2027 version).

On a proper assertion the court may terminate at the tenant's request (or order surrender if the landlord prevails on a properly filed unlawful detainer), disburse or continue the escrow, abate rent equitably (where the tenant is entitled to relief, the landlord must show why there should not be an abatement), disburse escrow to the tenant if the landlord refuses repairs after a reasonable time or to the landlord or its contractor to make them, refer matters to an agency, or apply escrow to a mortgage or lien. If an escrowed condition is not fully remedied within six months and the landlord has not made reasonable attempts, the court shall award all escrowed moneys to the tenant, and a fresh six-month period begins. The initial hearing is held within 15 calendar days of service, sooner for alleged emergencies such as heat failure in winter; a tenant who proceeds under § 55.1-1244 may not proceed under another section of the article for the same breach; and a prevailing tenant may recover costs and reasonable attorney fees (§ 55.1-1244(D)–(G), current version; (E)–(H) in the 2027 version). The landlord's sufficient answers mirror § 55.1-1241 (§ 55.1-1244(C), current version).

Habitability worked example. On Tuesday, November 3, 2026, a tenant serves written notice that the furnace has failed — engaging § 55.1-1220(A)(4) and (A)(7) and the § 55.1-1200 essential-service definition. You dispatch a heating contractor the same day, document the diagnosis, part order, and a safe interim heat source, and complete the repair inside the week. That dated file answers every remedy above: no § 55.1-1234 termination (remedied well inside 21 days) and no § 55.1-1244 showing of failure within a reasonable opportunity. Leave the same notice unanswered past Thursday, December 3, 2026 — 30 days after receipt — and the delay is rebuttably presumed unreasonable under §§ 55.1-1241 and 55.1-1244, with escrow, abatement, and termination all in play. The variable is rarely the furnace. It is the response record.

How does a Virginia landlord legally evict a tenant? (§ 55.1-1245, unlawful detainer, redemption, and the writ)

Self-help has no place in this process. Virginia gives the landlord no lock-change, utility-shutoff, or property-removal route to possession: the path is a valid § 55.1-1245 (or § 55.1-1253) termination notice, an unlawful detainer under § 8.01-126, a judgment and order of possession, and a writ of eviction executed by the sheriff under § 8.01-470. Full walkthrough: how to evict a tenant.

The § 55.1-1245 notice table

Two protective rules qualify the table. A lease does not terminate solely because of an act of family abuse against the tenant where the perpetrator is barred by the landlord under § 55.1-1246 or by a protective order, on the proof § 55.1-1245(D) requires. And a public housing authority serving a nonpayment notice must also give the pink-or-orange-paper recertification, hardship-exemption, and grievance information § 55.1-1245(G) prescribes.

Nonpayment worked example. Rent is unpaid when due on Sunday, November 1, 2026. You serve the § 55.1-1245(F) written notice on Tuesday, November 3, 2026. The tenant has 14 days after service — through Tuesday, November 17, 2026 — to pay. Only if rent remains unpaid after that period may you terminate under the notice and proceed toward possession under § 55.1-1251. A notice served the same week on the old five-day form would have pointed to November 8 and misstated the law in force since July 1, 2026.

Curable-violation worked example. You serve a § 55.1-1245(A) notice received Friday, November 6, 2026, specifying an unauthorized occupant. The cure window is 21 days — through Friday, November 27, 2026 — and the termination date stated must be not less than 30 days after receipt: Sunday, December 6, 2026 or later. Cure adequately by November 27 and the agreement does not terminate (§ 55.1-1245(B)); let the breach stand and it terminates as noticed on December 6.

Coming July 1, 2027 — two § 55.1-1245 additions to build for now. First, a detailed-accounting requirement for nonpayment notices (charges and payments over the preceding 12 months or the lease term if shorter, late fees, attorney fees and costs, damages, and utility information where allocation systems are used) — keep 12 months of clean, exportable ledger history per tenant starting today. Second, a payment-plan offer for landlords owning more than four units: where the exact amount owed is no more than one month's rent plus contracted late charges, the notice must state the exact amount due and offer to spread it in equal monthly installments over the lesser of six months or the remaining term, with no additional late fees on the plan amount while the tenant pays on time, and only one mandatory offer per term (future § 55.1-1245(G)). Neither applies to a 2026 notice; both will decide cases in late 2027.

Damages the landlord may recover — § 55.1-1245(H)–(I) and § 55.1-1251

For tenant noncompliance, the landlord may recover damages and obtain injunctive relief; recoverable whether or not suit is filed are (i) rent due as contracted, (ii) other contracted charges and fees, (iii) contracted late charges, (iv) reasonable attorney fees as contracted or provided by law, (v) proceeding costs as contracted or provided by law (only if suit is filed), and (vi) damages to the unit or premises as contracted (§ 55.1-1245(H)). In a pending case the landlord prevails in, the court shall award a money judgment on the same categories to the court date — except attorney fees, withheld if the tenant proves by a preponderance that the failure to pay or vacate was reasonable (§ 55.1-1245(I)).

After termination, § 55.1-1251 gives a claim for possession and rent, and a separate claim for actual damages for breach, reasonable attorney fees as § 55.1-1245 provides, and capped notice/process service costs. Actual damages may include rent that would have accrued until the term expires or a new tenancy begins, whichever is first — subject to the landlord's duty to mitigate, expressly preserved, and a post-possession judgment shall not seek accelerated rent through the end of the term. The court may grant simultaneous money and possession judgments without a credit for the security deposit; the deposit is credited afterward, when the tenant vacates voluntarily or by writ, under § 55.1-1226 (§ 55.1-1251). Document reletting efforts in every early-termination file. See tenant breaking a lease.

Unlawful detainer — § 8.01-126 in general district court

The person entitled to possession presents a sworn statement of the facts authorizing removal to a magistrate or to a clerk or judge of the general district court, which issues the summons. For a VRLTA tenancy, the initial hearing shall occur as soon as practicable, but not more than 21 days from filing — and if it cannot be heard within 21 days, as soon as practicable and in no event later than 30 days after filing. The summons must be served at least 10 days before the return day (§ 8.01-126(B)). An earlier version of this guide said hearings occur "typically within 2–4 weeks" and uncontested cases resolve in "4–6 weeks"; those unsourced estimates are replaced here by the statutory window — dockets still vary, and continuances, diversion, redemption, and appeals sit on top of it.

The court shall not enter an order of possession unless the plaintiff has presented a copy of a proper termination notice and the court has entered it into evidence (§ 8.01-126(D)) — the notice is an exhibit, not a formality (from July 1, 2027, the amended subsection (D) additionally bars filing or maintaining an unlawful detainer until a proper and effective termination notice has been provided). Amounts due may be pleaded through the hearing date and amended as they accrue, within § 8.01-126(F)'s consolidation limits, and the summons may carry court-approved attachments on legal resources, a plain-language overview, and Eviction Diversion Program eligibility (§ 8.01-126(C)).

Eviction Diversion — §§ 55.1-1260 to 55.1-1262. The Program, which any general district court may implement, reduces evictions of low-income tenants over small balances after a financial shock. As amended by 2026 Chapters 230 and 818, a tenant is eligible if the tenant appears at the first docket call; pays the landlord or into court at least 10 percent of the amount due as amended at that call; gives sworn testimony of income and sufficient funds and of the reasons payment was missed; and has no outstanding or defaulted plan and no Program participation within the last 12 months (§ 55.1-1262(A)). The court directs an eligible tenant and the landlord into a plan on the Executive Secretary's form: payments by cashier's check, certified check, money order, or electronic transfer received by the fifth of each month; the balance in three 30-percent installments by the fifth of the first, second, and third months after the initial hearing; and current rent kept current within five days of its due date (§ 55.1-1262(C)). Full performance earns dismissal; default, after the landlord's written notice to the clerk, earns an order of possession without further hearings unless the tenant files a payment affidavit within 10 days (§ 55.1-1262(D)–(E)). Budget diversion into nonpayment timelines: a first-call tenant with 10 percent in hand can convert your hearing into a three-month plan by statute.

Redemption — § 55.1-1250. A landlord who accepts partial payment and still seeks possession must have given the written reservation notice § 55.1-1250(A) prescribes (it may ride inside the § 55.1-1245 notice), with its statutory warning language; full payment of everything owed cannot be taken and still yield a possession order on nonpayment alone. At or before the first return date the tenant may pay, or present a redemption tender — a local government or nonprofit's written commitment to pay all rent due as of the return date, including late charges, attorney fees, and court costs; a tender continues the case 10 days for payment, and payment dismisses it (§ 55.1-1250(B)). Payment of all § 55.1-1250(C) amounts at the court-date stage likewise requires dismissal absent non-nonpayment grounds. The right runs to the end: payment of all amounts claimed, including sheriff's writ fees where applicable, made no less than 48 hours before the scheduled writ execution obliges the landlord or its attorney or agent to promptly notify the officer to cancel the eviction and to transmit a notice of satisfaction of any money judgment (§ 55.1-1250(D)). On written request, the landlord must state the exact amount needed to redeem (§ 55.1-1250(E)). A landlord with four or fewer units may, with written notice, limit redemption to once per lease period (§ 55.1-1250(A)).

Judgment, appeal, and the writ — §§ 8.01-129, 8.01-470. A general district court judgment is appealable to circuit court within 10 days, on the bond and security § 8.01-129 requires; the writ may not be executed before the appeal period runs. Once the order of possession is final, the clerk issues the writ of eviction to the sheriff, who must serve notice of intent to execute — with the date and time, a statement of the tenant's § 55.1-1255 rights, and a copy of the writ — at least 72 hours before execution, in person or by posting at the front or main entrance door. Execution should occur within 15 calendar days of the sheriff's receipt or as soon as practicable, and in no event later than 30 days from issuance; the order of possession remains valid for 180 days, and a canceled writ may be replaced within that period (§ 8.01-470). Possession changes hands at the sheriff's execution — never at the landlord's own hand — and property left behind is handled under § 55.1-1255, not by disposal at the curb.

Retaliation — § 55.1-1258, and enforcement under § 55.1-1259

Under the version in force through December 31, 2026, a landlord may not retaliate — by increasing rent, decreasing services, bringing or threatening a possession action, or causing a termination under § 55.1-1253 or § 55.1-1410 — after acquiring knowledge that the tenant (i) complained to a governmental code-enforcement agency about a violation materially affecting health or safety, (ii) complained to or sued the landlord over a violation of the chapter, (iii) organized or joined a tenant's organization, or (iv) testified in a court proceeding against the landlord. Market-rate increases charged for similar rentals and equal-application service decreases are carved out. A tenant who proves a violation recovers actual damages and may plead retaliation as a defense to possession — and under current law the burden of proving retaliatory intent is on the tenant. The landlord may still terminate and sue where the code violation was primarily tenant-caused; the tenant is in default in rent; code compliance requires alteration, remodeling, or demolition effectively depriving the tenant of use; or the tenant is in default of an agreement provision materially affecting health and safety — and may terminate for any other reason not prohibited by law unless the court finds the reason was retaliation (§ 55.1-1258, current version).

Effective January 1, 2027 (2026 Chapter 1111), § 55.1-1258 is substantially rewritten. Protected activity expands to complaints to a news or media outlet, written complaints or actions invoking the Virginia Fair Housing Law or the federal Fair Housing Act, and lawful tenant-organization participation. Prohibited responses expand to selective service decreases, selective rule enforcement or new rules, material term changes without consent, threatening, harassing, or coercing the tenant, and refusing to renew an assisted tenancy (Housing Choice Voucher or another federal, state, or local program). The exceptions grow too — notices given before the protected act, increases or fees under the agreement's own terms, equal-application changes, rent default measured when the unlawful detainer is filed, and good-cause nonrenewal of an assisted tenancy (§ 55.1-1258, 2027 version). Any adverse action after a complaint should rest on a dated file — ledgers, pre-complaint notices, equal-application policies — that predates the complaint.

Enforcement is broader than the tenant's own suit: any person adversely affected by a prohibited act or omission may sue in circuit court for injunction and discretionary damages (§ 55.1-1259(A)). New in 2026 (Chapters 542 and 543, House Bill 14 / Senate Bill 290), § 55.1-1259(B) authorizes a locality to sue on behalf of an injured tenant or occupant where a condition is the landlord's material noncompliance constituting a fire hazard or serious threat to life, health, or safety — rodent infestation and lack of heat, hot or cold running water, electricity, or adequate sewage disposal are the listed examples — provided the property is within the locality, the locality first notified the landlord or managing agent, and the landlord failed to remedy it to the locality's satisfaction within a reasonable time.

Fire or casualty — § 55.1-1240 (changing January 1, 2027)

Under current law, if fire or casualty damages the unit so that enjoyment is substantially impaired, or repairs require vacancy, either party may terminate. The tenant terminates by vacating and serving written notice of intent to terminate within 14 days after vacating (effective on the vacating date); the landlord terminates on 14 days' notice based on a determination that the damage requires removal and substantially impairs use. On termination the landlord returns deposits under § 55.1-1226 and prepaid rent, plus interest recoverable by law, unless the landlord reasonably believes the tenant side caused the casualty — then the landlord gives a written statement and may recover actual damages under § 55.1-1251; rent prorates to the casualty date (§ 55.1-1240, current version).

The January 1, 2027 version (2026 Chapter 1117) stretches both notices to 21 days and conditions the landlord's termination on first meeting or making reasonable efforts to meet with the tenant, assessing whether a substantially similar unit in the same complex is available, and offering it on the current agreement's terms where one is — unless the tenant's § 55.1-1227 violation caused the damage — and gives the tenant seven days to request a reevaluation in which the tenant must be involved (§ 55.1-1240, 2027 version). A casualty in December 2026 is a 14-day case; the same fire in January 2027 is a 21-day, meet-and-offer case.

Discrimination — the Virginia Fair Housing Law, §§ 36-96.1 et seq.

The federal Fair Housing Act applies in full, and the Virginia Fair Housing Law adds classes a federal-only checklist misses. Section 36-96.1 states the policy: fair housing regardless of race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, or disability. Section 36-96.3(A) makes it unlawful to refuse to rent or negotiate, make a dwelling unavailable, impose different terms, conditions, privileges, services, or facilities, publish a discriminatory notice or advertisement, falsely represent availability, deny access to listing services, impose discriminatory covenants, or engage in blockbusting-style inducement because of those characteristics, with disability carried through § 36-96.3(A)(3)–(9) and subsection (B) — which expressly includes refusing permitted reasonable modifications at the disabled person's expense and refusing reasonable accommodations in rules, policies, practices, or services (§ 36-96.3(B)).

The screening consequence most often missed is source of funds: any source that lawfully provides funds to or on behalf of a renter or buyer, including any assistance, benefit, or subsidy program, governmental or nongovernmental (§ 36-96.2, carried into § 36-96.3). "No Section 8," a higher rent quoted to a voucher holder, or an income test run against the full contract rent instead of the tenant's own share are the fact patterns the provision was written against. Two limits should be stated accurately, not expanded: the protection does not apply to an owner of four or fewer Virginia rental units (counting a greater-than-10-percent interest in an owning entity), and an application may be denied where the administering program has not approved the source of funds within 15 days of the approval request. Elderliness means age 55 or older. Build one written criteria set from the § 36-96.3 list, apply § 55.1-1203 identically to every applicant, and document each decision. See the fair housing guide and the Section 8 landlord guide.

What changed in 2025 and 2026 — and what did not pass

Virginia landlord-tenant law has moved in three dated waves. Keep the waves separate: applying a 2027 rule in 2026 is its own violation risk, and missing a 2026 rule is the most common current error.

Effective July 1, 2025. The § 55.1-1204 amendments that year (2025 Chapters 554, 562, 627, and 655) include the renewal/nonrenewal notice rule now at § 55.1-1204(K) and the rental-payment-method legislation (House Bill 2218, Chapter 655) behind § 55.1-1204(J). The § 55.1-1204.1 fee disclosure, enacted in 2024, was amended by 2025 Chapter 567 into its current three-category form, and the Eviction Diversion sections were amended by 2025 Chapters 476 and 490. None of these changed the deposit cap, the 45-day return, or — in 2025 — the then-five-day nonpayment notice.

Effective July 1, 2026. (1) The § 55.1-1245(F) nonpayment cure period rose from five days to 14 days (House Bill 15, Chapter 353; Senate Bill 48, Chapter 354; a further 2026 amendment, Chapter 844, also touches § 55.1-1245). (2) Central air conditioning joined the § 55.1-1200 essential-service definition (House Bill 519, Chapter 624). (3) The maintenance-fee prohibition was added as § 55.1-1208(C), with § 55.1-1204 amended in the same legislation (House Bill 1005, Chapter 722; Senate Bill 313, Chapter 723). (4) Eviction Diversion eligibility broadened: initial payment 10 percent, sworn income — not employment — as the showing (§ 55.1-1262, Chapters 230 and 818). (5) Localities gained the § 55.1-1259(B) enforcement action (House Bill 14, Chapter 542; Senate Bill 290, Chapter 543). Section 55.1-1241 was also amended (Chapters 959 and 1041, House Bill 281).

Enacted, effective in 2027. January 1, 2027: the expanded § 55.1-1258 (Chapter 1111), the restructured § 55.1-1244 escrow filing burden, and the 21-day meet-and-offer § 55.1-1240 casualty procedure (Chapter 1117) — a parallel expansion applies to non-VRLTA tenancies under § 55.1-1314. July 1, 2027: the § 55.1-1203 pre-application disclosures (Chapter 1050), the § 55.1-1245 notice accounting and payment-plan offer (Chapter 1105), and the strengthened § 8.01-126(D) filing bar (Chapter 635). LIS publishes each as a separate dated version of its section; cite the version matching your facts' dates.

Proposed and not enacted. House Bill 278 and Senate Bill 355 (2026), which would have authorized local anti-rent-gouging ordinances, were continued to 2027 and referred to the Virginia Housing Commission for study — they conferred no authority and capped no rent. No 2025 or 2026 enactment changed the two-month deposit cap, created an increase-frequency limit, adopted a statewide rent cap, or created a repair-and-deduct remedy.

A step-by-step Virginia compliance checklist

1. Before screening: publish one written criteria set tracking § 36-96.3 (including source of funds, elderliness, sexual orientation, gender identity, military status); cap the application fee at $50 plus actual third-party check costs ($32 for HUD-regulated units) under § 55.1-1203; accept an SSN or an ITIN; prepare the July 1, 2027 § 55.1-1203(A) pre-application disclosure.

2. At lease signing: offer the written agreement with the DHCD rights statement and get the acknowledgment signed (§ 55.1-1204(B)); deliver copies within 10 business days (§ 55.1-1204(H)); put the § 55.1-1204.1 itemization and statutory sentence on page one; strip every § 55.1-1208 prohibited provision, including any maintenance fee not caused by a tenant violation (§ 55.1-1208(C)); write the late fee at or below the lesser of 10 percent of rent or 10 percent of the balance due (§ 55.1-1204(E)).

3. At move-in: collect no more than two months' rent as deposit, however denominated, with deposit plus upfront insurance premiums at or under two months combined (§§ 55.1-1226(A), 55.1-1208(A)(7)); deliver the § 55.1-1214 condition report within five days after occupancy and calendar the tenant's five-day objection window.

4. During the tenancy: accept rent and deposits by check and money order, receipt cash and money-order rent in writing, and keep any processing fee at actual third-party cost beside a fee-free alternative (§ 55.1-1204(J)); answer a written accounting request within 10 business days (§ 55.1-1204(D)); date-stamp every repair report and answer it inside the §§ 55.1-1241/55.1-1244 reasonableness window; enter only on consent, court order, §§ 55.1-1248/55.1-1249 authority, or § 55.1-1229(A)(4) notice at reasonable times — with 72 hours' notice stating the last performance date for unrequested routine maintenance; notice any mid-tenancy deposit deduction within 30 days (§ 55.1-1226(E)) and keep two years of deduction records (§ 55.1-1226(F)).

5. For an increase or an ending: if you own more than four units, calendar the § 55.1-1204(K) 60-day renewal-increase and nonrenewal notices; for a month-to-month termination, serve § 55.1-1253(A) notice at least 30 days before the target rent due date (seven days for week-to-week), and check the § 55.1-1253(B) 60-day rule before any mass nonrenewal; after any complaint or protected activity, test the action against § 55.1-1258 before serving anything.

6. For a default: use current forms — 14 days for nonpayment and bounced payments, 21-in-30 for curable breaches, 30 days for non-remediable breaches, immediate termination only for a qualifying criminal or willful health-and-safety act (§ 55.1-1245) — each specifying the breach and served under § 55.1-1202 with a certificate of service; include the § 55.1-1250(A) reservation language if you may accept partial payment; file the unlawful detainer with the termination notice ready to enter into evidence (§ 8.01-126(D)); expect diversion (§ 55.1-1262) and redemption (§ 55.1-1250) at the return date; take possession only on the sheriff's writ (§ 8.01-470).

7. At move-out: give the § 55.1-1226(G) inspection-rights notice within five days of the vacate notice, inspect within 72 hours of delivery of possession, and deliver the itemized disposition within 45 days of the later of termination or vacating — the contractor extension only on written notice inside the 45 days; on any sale, transfer the deposits and two-year deduction records, because § 55.1-1226(E) binds the successor.

The bottom line

Virginia in late 2026 is a notice-and-records state with newly sharpened teeth: a two-month deposit cap with a 45-day itemized return and a willfulness penalty of full return plus actual damages and fees; a late fee capped at the lesser of 10 percent of rent or 10 percent of the balance, and only if the written agreement provides it; no 24-hour entry rule — instead, notice of intent at reasonable times, and 72 hours for unrequested routine maintenance; no repair-and-deduct remedy — instead, termination under § 55.1-1234, essential-service damages under § 55.1-1239, the § 55.1-1241 possession defense, and court-supervised rent escrow under § 55.1-1244; and a 14-day pay-or-quit notice that retired every five-day form on July 1, 2026. Layer on the 2026 maintenance-fee ban, the check-and-money-order and fee-cap payment rules, central air conditioning as an essential service, locality enforcement suits, and an enacted 2027 pipeline (broader retaliation protection, easier escrow filing, pre-application disclosures, notice accountings, and payment-plan offers), and the compliance premium sits exactly where it always has in Virginia: correct forms, dated files, and clocks calendared from the later, longer, or more specific date the statute actually states.

Official sources

• Va. Code § 55.1-1200 — Definitions
• Va. Code § 55.1-1201 — Applicability of chapter; local authority
• Va. Code § 55.1-1203 — Application; deposit, fee, and additional information
• Va. Code § 55.1-1204 — Terms and conditions of rental agreement; payment of rent
• Va. Code § 55.1-1204.1 — Fee disclosure statement
• Va. Code § 55.1-1206 — Landlord may obtain certain insurance for tenant
• Va. Code § 55.1-1208 — Prohibited provisions in rental agreements
• Va. Code § 55.1-1214 — Inspection of dwelling unit; report
• Va. Code § 55.1-1220 — Landlord to maintain fit premises
• Va. Code § 55.1-1226 — Security deposits
• Va. Code § 55.1-1227 — Tenant to maintain dwelling unit
• Va. Code § 55.1-1229 — Access; consent; relocation; security systems
• Va. Code § 55.1-1234 — Noncompliance by landlord
• Va. Code § 55.1-1239 — Wrongful failure to supply an essential service
• Va. Code § 55.1-1241 — Landlord's noncompliance as defense to action for possession
• Va. Code § 55.1-1244 — Tenant's assertion; rent escrow
• Va. Code § 55.1-1245 — Noncompliance with rental agreement; monetary penalty
• Va. Code § 55.1-1250 — Acceptance of rent with reservation; right of redemption
• Va. Code § 55.1-1251 — Remedy after termination
• Va. Code § 55.1-1253 — Periodic tenancy; holdover remedies
• Va. Code § 55.1-1258 — Retaliatory conduct prohibited
• Va. Code § 55.1-1259 — Actions to enforce chapter
• Va. Code § 55.1-1262 — Eviction Diversion Program; process; payment plan
• Va. Code § 36-96.3 — Unlawful discriminatory housing practices
• Va. Code § 8.01-126 — Summons for unlawful detainer
• Va. Code § 8.01-470 — Writs on judgments for specific property

Frequently asked questions

How much can a Virginia landlord charge as a security deposit?

No more than two months' periodic rent, however the charge is denominated (§ 55.1-1226(A)). Refundable pet deposits and any other performance-securing deposit count toward the same two months, and pre-tenancy collections for the deposit plus damage-insurance and renter's-insurance premiums together may not exceed two months' rent (§ 55.1-1208(A)(7); § 55.1-1206(C)). Qualifying damage insurance may instead be permitted in lieu of a deposit (§ 55.1-1226(I)).

How long does a Virginia landlord have to return a security deposit, and what happens if the landlord is late?

The landlord must give a written notice itemizing the deposit, all deductions, damages, and charges, with any amount due, within 45 days after the later of the termination date or the date the tenant vacates (§ 55.1-1226(A)). If damage exceeds the deposit and requires a third-party contractor, written notice of that fact inside the 45 days extends the itemization deadline by 15 days (§ 55.1-1226(E)). A landlord who willfully fails to comply faces a court order returning the deposit, plus actual damages and reasonable attorney fees — or, if the tenant owes rent, an order crediting the deposit against the rent due (§ 55.1-1226(E)). There is no double-damages multiplier.

How many days does a Virginia tenant have to pay rent after a pay-or-quit notice?

Fourteen days. Since July 1, 2026, § 55.1-1245(F) (House Bill 15, Chapter 353; Senate Bill 48, Chapter 354) allows termination for nonpayment only if the tenant fails to pay within 14 days after written notice stating the nonpayment and the intent to terminate if rent is not paid within that period. The same 14 days applies after a bounced check, rejected electronic transfer, or bad-faith stop payment, with payment then required in the secure forms the subsection lists. The former five-day period governs only pre-amendment notices. To run these same dates for your own case — the 14-day pay-or-quit window under § 55.1-1245(F), the unlawful-detainer hearing within 21 days of filing (30 at the outside) under § 8.01-126, and the sheriff's writ execution window under § 8.01-470 — use the Eviction Timeline Calculator.

What is the maximum late fee in Virginia?

A late charge is allowed only if the written rental agreement provides for it, and it may not exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due (§ 55.1-1204(E)). There is no separate "reasonableness" standard; a charge above the lesser figure, or charged without a written-agreement provision, exceeds the section.

How much notice must a Virginia landlord give before entering a rental unit?

There is no general 24-hour statute. Except in an emergency or where impractical, the landlord must give notice of intent to enter and may enter only at reasonable times, and the tenant may not unreasonably withhold consent for the purposes § 55.1-1229(A)(1) lists. For routine maintenance the tenant did not request, the landlord must give at least 72 hours' notice, perform the work within 14 days, and state the last date it may be performed; tenant-requested maintenance requires no notice (§ 55.1-1229(A)(4)).

Can a Virginia tenant repair a problem and deduct the cost from rent?

No. Virginia has no repair-and-deduct statute. The tenant's remedies are a 21-in-30 termination notice and damages or injunctive relief under § 55.1-1234, diminution damages or substitute housing for an essential-service failure under § 55.1-1239, the habitability defense under § 55.1-1241, and a tenant's assertion with court-held rent escrow under § 55.1-1244. A tenant who deducts repair costs without a court order risks a nonpayment case under § 55.1-1245(F).

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

Written notice served at least 30 days before the next rent due date, unless the agreement provides a different period; a week-to-week tenancy requires seven days on the same anchor (§ 55.1-1253(A)). Separately, a landlord with more than four units must give at least 60 days' written notice before a term ends of any renewal increase and of nonrenewal (§ 55.1-1204(K)), and a multifamily owner nonrenewing 20 or more (or 50 percent of) month-to-month tenancies within 30 days must give 60 days' notice (§ 55.1-1253(B)), nonpayment excepted.

Does Virginia have rent control?

No. No state statute caps rent or increase size, § 55.1-1201(E) supersedes local landlord-tenant ordinances, and the Dillon Rule leaves localities without rent-regulation authority the General Assembly has not granted. The 2026 bills that would have granted local anti-rent-gouging authority (House Bill 278, Senate Bill 355) were continued to 2027 and referred to the Virginia Housing Commission for study — not enacted.

What can a Virginia landlord charge as an application fee?

At most $50, excluding actual out-of-pocket amounts paid to a third party for background, credit, or other pre-occupancy checks; the cap is $32, on the same pass-through basis, for a public housing or other HUD-regulated unit (§ 55.1-1203). A refundable application deposit is separate, with the 20-day (or 10-day, for cash-type payments on a landlord rejection) refund-and-itemization duty the same section imposes. From July 1, 2027, the landlord must also give the pre-application disclosures on fees, criteria, and consumer-report rights before collecting any payment or information (§ 55.1-1203(A), 2027 version).

Can a Virginia landlord refuse an applicant because the rent will be paid with a housing voucher?

Generally no. Source of funds — any lawful source provided to or on behalf of a renter, including governmental and nongovernmental assistance, benefit, and subsidy programs — is protected under the Virginia Fair Housing Law (§§ 36-96.1, 36-96.3); refusing to rent, imposing different terms, or advertising a voucher exclusion because of it is an unlawful discriminatory housing practice. The protection does not apply to an owner of four or fewer Virginia rental units, and an application may be denied if the administering program does not approve the source of funds within 15 days of the approval request. Neutral criteria — credit, rental history, and income measured against the tenant's own payment share — must still be applied identically to every applicant.

More landlord-tenant law guides

• Landlord-tenant law by state
• Virginia security deposit law
• Vermont landlord-tenant law
• Washington landlord-tenant law
• Utah landlord-tenant law
• West Virginia landlord-tenant law

This is general information, not legal advice. Consult a Virginia landlord-tenant attorney for specific situations.