Virginia Landlord-Tenant Laws (2026)
Last reviewed: July 2026
Virginia caps deposits at two months' rent with a 45-day return window and caps late fees at 10% of monthly rent or the unpaid balance, whichever is less. Nonpayment evictions start with a 5-day notice, but tenants can redeem the tenancy by paying everything owed before judgment. Routine maintenance entry requires 72 hours' notice.
General information, not legal advice. Verify with the current statute or a local attorney before acting.
Virginia landlord-tenant rules at a glance
| Security deposit limit | 2 months' rent |
|---|---|
| Deposit return deadline | 45 days |
| Notice to enter | 72 hours' notice for routine maintenance |
| Rent control | Preempted/none |
| Eviction notice (nonpayment) | 5-day notice to pay or quit |
| Late fee rule | Capped at the lesser of 10% of monthly rent or 10% of the unpaid balance |
| Month-to-month termination | 30 days |
| Governing statute | Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq.) |
Security deposits in Virginia
The deposit rule in Virginia is: 2 months' rent. After the tenancy ends, the landlord must return the deposit within 45 days, typically with an itemized statement for any amounts withheld. Deductions are limited to unpaid rent, damage beyond normal wear and tear, and other charges the statute or lease allows — routine repainting and carpet aging from ordinary use generally cannot be charged to the tenant. Both parties should document the unit’s condition at move-in and move-out; disputes usually turn on that evidence.
Landlord entry and tenant privacy
Virginia’s entry rule is: 72 hours' notice for routine maintenance. Entry is generally limited to legitimate purposes such as repairs, inspections, and showings, and emergencies allow immediate entry everywhere. Where the statute is silent or vague, courts fall back on the tenant’s right to quiet enjoyment, so landlords should give written notice and enter at reasonable hours regardless of the statutory minimum.
Rent increases and rent control
Rent control status in Virginia: Preempted/none. Even without rent control, a landlord cannot raise rent mid-lease unless the lease allows it, and periodic tenancies require proper advance notice of an increase — commonly the same notice period used to terminate (30 days in Virginia). Retaliatory increases after a tenant exercises a legal right are prohibited in most states.
Eviction process overview
For unpaid rent, Virginia requires: 5-day notice to pay or quit. If the tenant does not pay or leave, the landlord files an eviction case (the name varies: unlawful detainer, summary process, forcible entry and detainer), serves the tenant, and attends a hearing. Only a court judgment followed by a sheriff or constable can remove a tenant — lockouts and utility shutoffs are illegal in every state. Timelines vary from a few weeks to several months depending on court backlog and whether the tenant contests the case.
Late fees
Virginia’s late fee rule: Capped at the lesser of 10% of monthly rent or 10% of the unpaid balance. Even where no statutory cap exists, courts can strike down fees that operate as penalties rather than reasonable estimates of the landlord’s actual cost, and the fee must appear in the written lease to be enforceable.
Ending a lease or month-to-month tenancy
To end a month-to-month tenancy in Virginia, the required notice is: 30 days. Fixed-term leases end on their own schedule unless renewed, though some states and cities require just cause or additional notice even at lease end. Notice should always be written, dated, and delivered by a method the statute recognizes.
Is Virginia landlord-friendly or tenant-friendly?
Virginia is generally considered moderate. Virginia's 2019-2021 VRLTA reforms added late-fee caps, redemption rights for tenants who pay before judgment, and clearer entry rules, balancing a historically landlord-leaning code.
Official source
The governing law is the Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq.). Read the current text at the state’s official legislative site: https://law.lis.virginia.gov/vacode/title55.1/.
Virginia landlord-tenant law FAQs
- How much can a landlord charge for a security deposit in Virginia?
- Security deposits in Virginia are governed by the Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq.). The deposit rule is: 2 months' rent. After the tenancy ends, the landlord must return the deposit (minus properly documented deductions) within 45 days. Landlords who miss the deadline or take undocumented deductions can owe the tenant damages, so both sides should document the unit's condition at move-in and move-out and keep an itemized statement of any charges. Deposit rules are amended fairly often, so verify the current statute before relying on a specific number.
- How much notice does a landlord have to give before evicting for unpaid rent in Virginia?
- For nonpayment of rent, Virginia requires: 5-day notice to pay or quit. That notice is only the first step, a landlord cannot legally remove a tenant without then filing an eviction case and winning a court judgment, and self-help evictions (changing locks, shutting off utilities) are prohibited. Local courts and city ordinances can add procedural steps, so check the Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq.) and local rules before starting an eviction.
- Can a landlord enter a rental property without permission in Virginia?
- Virginia's entry rule is: 72 hours' notice for routine maintenance. Genuine emergencies (fire, flooding, gas leaks) are a standard exception in every state, and lease clauses can add detail but generally cannot strip a tenant's right to quiet enjoyment. For ending a month-to-month tenancy, Virginia requires 30 days of notice. When in doubt, put entry requests and termination notices in writing and confirm the current rule in the Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq.).
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Related Lofty resources
- Rental property calculator — model cash flow with Virginia vacancy and eviction-cost assumptions.
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This page is general information, not legal advice. Laws change — verify with the current statute or a local attorney before acting. Rules reflect widely documented statutes as of July 2026; cities and counties in Virginia may add their own requirements.