Virginia landlord and tenant rules

Seayora publishes 15 Virginia rules, covering security deposits, notice periods, late fees, applications, evictions, fair housing, tenant protections, repairs, contractor sales tax. Every one is composed from the statute it cites and links to that statute on the state’s own code site.

Virginia at a glance

RuleVirginia
How long does a landlord have to return a security deposit in Virginia?45 days
How much can a landlord charge for a security deposit in Virginia?2 months of rent
How many days does a tenant get to pay late rent in Virginia?14 days to pay
How much notice does a landlord have to give before entering in Virginia?72 hours
How much notice does a landlord have to give before raising the rent in Virginia?30 days
How much notice must a landlord give to end a tenancy in Virginia?30 days
How much can a landlord charge for a late rent fee in Virginia?10% of the rent or of the balance due, whichever is less
How much can a landlord charge for a rental application fee in Virginia?$50, plus third-party check costs
Can a landlord change the locks to force a tenant out in Virginia?A Virginia landlord may not take possession by self-help; the tenant may recover possession and damages.
How long does a tenant have to respond to an eviction case in Virginia?The tenant appears on the return date printed on the summons, generally 21 to 30 days after filing.
What are the steps to evict a tenant for unpaid rent in Virginia?Serve a 14-day pay-or-quit notice
Can a landlord refuse a Section 8 voucher in Virginia?Protected, except owners of four or fewer units
Can a landlord retaliate against a tenant for complaining in Virginia?Prohibited; no set period
Can a tenant repair and deduct from rent in Virginia?Up to one month’s rent or $1,500, whichever is greater
Do contractors charge sales tax in Virginia?Consumer of materials

Security deposits in Virginia

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

In Virginia, a landlord has 45 days after the tenancy ends to return the security deposit, together with an itemised statement of any deductions. This is Va. Code § 55.1-1226.

Full answer and the checkable figures.

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

In Virginia, a security deposit is capped at 2 months of rent. Two months' rent. This is Va. Code § 55.1-1226.

Full answer and the checkable figures.

Notice periods in Virginia

How many days does a tenant get to pay late rent in Virginia?

In Virginia, before starting a nonpayment case a landlord must serve a written notice giving the tenant 14 days to pay the rent due. This is Va. Code §§ 55.1-1253, 55.1-1229, 55.1-1245(F).

Entry: 72 hours. Late rent: 14-day written notice to pay or the rental agreement terminates.

Full answer and the checkable figures.

How much notice does a landlord have to give before entering in Virginia?

In Virginia, a landlord must give 72 hours notice before entering an occupied rental, other than in an emergency. This is Va. Code §§ 55.1-1253, 55.1-1229, 55.1-1245(F).

Entry: 72 hours. Late rent: 14-day written notice to pay or the rental agreement terminates.

Full answer and the checkable figures.

How much notice does a landlord have to give before raising the rent in Virginia?

In Virginia, a landlord must give 30 days written notice before raising the rent. This is Va. Code §§ 55.1-1253, 55.1-1229, 55.1-1245(F).

Entry: 72 hours. Late rent: 14-day written notice to pay or the rental agreement terminates.

Full answer and the checkable figures.

How much notice must a landlord give to end a tenancy in Virginia?

In Virginia, a landlord must give 30 days written notice to end a tenancy or decline to renew it. This is Va. Code §§ 55.1-1253, 55.1-1229, 55.1-1245(F).

Entry: 72 hours. Late rent: 14-day written notice to pay or the rental agreement terminates.

Full answer and the checkable figures.

Late fees in Virginia

How much can a landlord charge for a late rent fee in Virginia?

In Virginia, a late charge may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due. This is Va. Code § 55.1-1204(E).

Full answer and the checkable figures.

Applications in Virginia

How much can a landlord charge for a rental application fee in Virginia?

In Virginia, an application fee may not exceed $50, not counting actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. This is Va. Code § 55.1-1203.

Full answer and the checkable figures.

Evictions in Virginia

Can a landlord change the locks to force a tenant out in Virginia?

No. A Virginia landlord may not take possession by self-help; the tenant may recover possession and damages. Va. Code § 55.1-1243. In Virginia a tenant may be removed only through the court process, which is set by Va. Code §§ 55.1-1245, 55.1-1250, 8.01-124, 8.01-126, 55.1-1243.

A Virginia tenant may pay everything owed — rent, late fees, court costs and attorney fees — at or before the return date and the case is dismissed. This is the "redemption tender" and it is available once every twelve months.

Full answer and the checkable figures.

How long does a tenant have to respond to an eviction case in Virginia?

In Virginia, the time a tenant has to respond to an eviction case is governed by Va. Code §§ 55.1-1245, 55.1-1250, 8.01-124, 8.01-126, 55.1-1243. The tenant appears on the return date printed on the summons, generally 21 to 30 days after filing.

A Virginia tenant may pay everything owed — rent, late fees, court costs and attorney fees — at or before the return date and the case is dismissed. This is the "redemption tender" and it is available once every twelve months.

Full answer and the checkable figures.

What are the steps to evict a tenant for unpaid rent in Virginia?

In Virginia, an eviction for unpaid rent runs through 4 steps, each set by the statute or court rule beside it: (1) Serve a 14-day pay-or-quit notice — Va. Code § 55.1-1245(F); (2) File a summons for unlawful detainer — Va. Code § 8.01-126; (3) The return date — Va. Code § 55.1-1250; (4) Writ of eviction, no sooner than ten days — Va. Code § 8.01-470. A Virginia tenant may pay everything owed — rent, late fees, court costs and attorney fees — at or before the return date and the case is dismissed. This is the "redemption tender" and it is available once every twelve months. The procedure as a whole is set by Va. Code §§ 55.1-1245, 55.1-1250, 8.01-124, 8.01-126, 55.1-1243.

A Virginia tenant may pay everything owed — rent, late fees, court costs and attorney fees — at or before the return date and the case is dismissed. This is the "redemption tender" and it is available once every twelve months.

Full answer and the checkable figures.

Fair housing in Virginia

Can a landlord refuse a Section 8 voucher in Virginia?

No, not in most cases. In Virginia, it is unlawful to refuse to rent to anyone, or set different terms, because of source of funds, which the law defines to include any assistance, benefit or subsidy program. An owner of four or fewer rental units in the Commonwealth is exempt, unless they hold more than a 10% interest in more than four, and a landlord may refuse a source of funds that is not approved within 15 days of the request for tenancy approval. This is Va. Code §§ 36-96.2, 36-96.3.

Full answer and the checkable figures.

Tenant protections in Virginia

Can a landlord retaliate against a tenant for complaining in Virginia?

No. In Virginia, a landlord who knows a tenant has complained to a code agency, made a complaint or filed an action against the landlord, joined a tenants’ organization, or testified against the landlord may not retaliate by raising the rent, cutting services, or bringing or threatening an eviction. Until January 1, 2027 the tenant must prove retaliatory intent; an amended section taking effect that day adds refusing to renew a tenant who pays with a housing voucher, selective rule enforcement and harassment to the list of prohibited acts. Separately, the federal Fair Housing Act makes it unlawful to threaten or interfere with anyone for exercising fair housing rights. This is Va. Code § 55.1-1258.

Full answer and the checkable figures.

Repairs in Virginia

Can a tenant repair and deduct from rent in Virginia?

Yes, within limits. In Virginia, if a landlord does not take reasonable steps within 14 days after written notice of a serious condition, such as a lack of heat or water, a fire hazard or a rodent infestation, the tenant may hire a licensed contractor or pest control business and deduct the actual cost, up to one month’s rent or $1,500, whichever is greater, after giving the landlord an itemized statement with receipts. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is Va. Code § 55.1-1244.1.

Full answer and the checkable figures.

Contractor sales tax in Virginia

Do contractors charge sales tax in Virginia?

In Virginia a contractor is treated as the CONSUMER of the materials they build into real property. That means the contractor pays sales tax when they buy the materials, and does not add sales tax to the customer's invoice for that work — the tax is already inside the price. Virginia also has county, city or special-district rates on top of the state rate, so the rate depends on where the job site is, not where the contractor is based. Source: Va. Code §58.1-610; 23 VAC 10-210-410 (a contractor with respect to real property is the consumer of all materials furnished and installed).

Full answer and the checkable figures.

Sources

  • Va. Code § 55.1-1203
  • Va. Code § 55.1-1204(E)
  • Va. Code § 55.1-1226
  • Va. Code § 55.1-1244.1
  • Va. Code § 55.1-1258
  • Va. Code §58.1-610; 23 VAC 10-210-410 (a contractor with respect to real property is the consumer of all materials furnished and installed).
  • Va. Code §§ 36-96.2, 36-96.3
  • Va. Code §§ 55.1-1245, 55.1-1250, 8.01-124, 8.01-126, 55.1-1243
  • Va. Code §§ 55.1-1253, 55.1-1229, 55.1-1245(F)

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

This is a summary of the published procedure, not legal advice. Courts, local rules and the facts of a tenancy change what applies, and a defect in a notice or a filing can end a case. Have a lawyer review anything before it is served or filed.

This is a summary of a state’s published guidance, not tax or legal advice. Rates and rules change, local jurisdictions add their own, and the treatment of a specific job depends on the contract and the work. Check the citation and speak to a CPA or a state tax adviser before relying on it.

How Seayora uses these rules

Security deposits. Seayora computes the deadline this rule sets from the tenancy’s own dates, shows it on the deposit statement, and reminds the landlord before it falls due — so the answer above is not reference material sitting beside the product, it is the rule the product enforces.

Notice periods. Seayora computes the notice this rule requires from the tenancy’s own dates — for a renewal offer, a rent increase or a served notice — and will not serve one that is short unless the owner records a reason. The answer above is the rule the product enforces.

Late fees. Seayora charges only the late fee written into the lease, after the grace period the lease sets, and adds no late fee of its own. This page states the statutory ceiling and waiting period so the terms of a lease can be checked against them before it is signed.

Applications. This page states what the state allows a landlord to charge somebody applying to rent, so a fee can be checked against it before it is advertised or collected.

Evictions. Seayora does not file, serve or appear in an eviction, and is not anybody’s lawyer. When a tenant has stopped paying, it lays out these steps for the property’s own state and city with the statute beside each one, holds back any step that would come too early, keeps an append-only record of the case — and shows the resident what would end it, legal-aid links included.

Fair housing. This page states whether the state protects renters who pay with a housing voucher, so a listing and its screening rules can be checked against it before they are published. Seayora’s rental search assistant never filters homes by how a renter will pay the rent.

Tenant protections. When an owner prepares an eviction in Seayora, it lists any repair request opened on the unit in the last 180 days that is still open, not to stop the case but because the tenant will raise retaliation and the owner should have an answer. Every repair request keeps the date it was filed.

Repairs. Every deadline on this page runs from the tenant’s notice. A repair request filed in Seayora keeps the date it was made and every update after it, on the website and both phone apps, so owner and tenant are working from the same date.

Contractor sales tax. Seayora resolves this rule on every invoice a contractor raises — per line, from the job site’s own address — and prints the rate, the jurisdiction and this citation on the document itself, so the estimate a customer accepts is the invoice they are billed. Where the rule is more nuanced than a single answer, Seayora refuses to guess a total rather than quoting a confident wrong one.

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