Virginia Residential Landlord and Tenant Act cover the rights and duties each party to the lease has. As a landlord, you must familiarize yourself with Virginia landlord-tenant law to be successful. With that in mind, the following is a basic overview of the Virginia landlord-tenant law.
Required Landlord Disclosures in Virginia
Virginia law requires landlords to make the following disclosures to tenants:
- – Information regarding the use of lead-based paint, especially for landlords renting units built before 1978
- – A written report on the move-in condition of the property
- – The names and contacts of the people involved in the management of the property
- – Location of the property if it’s near a military installation
- – Areas of the property that have a defective drywall
- – Whether the property has been used in the past in the manufacture of methamphetamine
- – The presence of mold before the start of a tenancy
- – How utilities are going to be shared between tenants in an apartment complex
- – Statement on the rights and responsibilities tenants have
Virginia Tenant Rights & Responsibilities
Tenants in Virginia have the right to:
- – Live in peace and quiet enjoyment
- – Be notified before a landlord enters their rented premises
- – Be treated fairly under the Fair Housing Laws
- – Be notified before the termination of their periodic tenancy
- – The return of their security deposit within 30 days
- – Have requested repairs made within 30 days
- – Be notified before a rent increase
- – Be provided certain mandatory disclosures
In addition to their rights, tenants have the following responsibilities under the Virginia landlord-tenant laws:
- – Pay rent and abide by all terms of the lease agreement
- – Keep their rented premises clean and safe
- – Comply with the safety, health, and building codes
- – Use the provided facilities, utilities, appliances, and fixtures for their intended purposes
- – Pay utility bills on time
- – Maintain the property to prevent careless damage and report maintenance issues on time
- – Respect the quiet and peace of other tenants and neighbors
- – Not remove or tamper with the provided smoke or carbon monoxide detectors.
Virginia Landlord Rights & Responsibilities
Virginia landlord-tenant laws present landlords with certain rights and responsibilities. The following are the basic rights landlords possess in the Commonwealth of Virginia. They have the right to:
- – Terminate a periodic tenancy after proper notification
- – Enter a tenant’s rented premises to carry out important landlord duties, such as inspecting the unit
- – Require a tenant to pay a security deposit before the commencement of a tenancy.
- – Penalize a tenant for breaking their fixed-term lease agreement early
- – Raise rent by whatever amount they wish and however frequently
- – Charge a maximum of 10% fee on late rental payments
The following are the primary landlord responsibilities in Virginia. A landlord must:
- – Make necessary repairs within 30 days. For serious issues that affect your tenant’s health or safety, a Virginia landlord must take corrective steps within 24 hours.
- – Abide by security deposit rules
- – Provide tenants with the required disclosures before the written rental agreement signing
- – Providing tenants with 24-hour advance notice prior to entering the unit
- – Notifying tenants before increasing rent
- – Following the proper eviction process when removing a Virginia tenant from their rented premises
- – Ensure tenants enjoy their rented premises in peace and quiet
- – Not to retaliate or discriminate against a tenant
An Overview of the Landlord-Tenant Laws in Virginia
Here’s what landlords need to know about landlord-tenant laws in the Commonwealth of Virginia:
Tenant Evictions
Landlords in Virginia have relatively broad authority to evict tenants from their rented premises. The following are the legitimate reasons a Virginia landlord must have to do so:
- – Nonpayment of rent
- – Violation of a term of the written lease or rental agreement
- – No lease/end of the rental agreement
- – Illegal acts
Landlords must follow the Virginia eviction laws for the process to be successful. Other eviction methods, including self-help eviction tactics and retaliatory evictions, are illegal.
Security Deposit Rules
Virginia requires landlords who collect security deposits to abide by certain rules.
Some of the rules regarding security deposits are as follows:
- – The limit on how much a Virginia landlord can charge is capped to the equivalent of two months’ rent
- – A landlord must provide your tenant with a written report describing the – rental unit’s condition at the start of the lease term
- – A Virginia landlord must only make deductions for legitimate reasons
- – Landlords must return the tenant’s deposit, or whatever portion remains, within 30 days
Lease Termination
Virginia allows both landlords and tenants to terminate a periodic lease if proper written notice is served. The amount of notice to provide depends on the frequency of rent payments.
If the tenant is paying rent weekly, then the notice to provide must be at least 30 days. If they’re paying monthly, then the notice must be at least 3 months. Note that there are no statutes on how much notice must be provided to terminate the tenancy of a tenant who pays rent quarterly or yearly.
Rent Increase
Virginia doesn’t have rent control. Virginia law also prohibits local jurisdictions from enacting rent control laws of their own. This means that Virginia landlords can raise rent by whatever amount. Before raising rent, however, a Virginia landlord must provide your tenant with proper written notice.
The notice to serve depends on the lease agreement term. For tenants on a month-to-month lease, a Virginia landlord must provide them with a 30-day advance notice. For tenants on a week-to-week lease, landlords must serve them 7-day advance notice.
Bottom Line
Knowing and applying all the applicable Virginia landlord-tenant laws is essential in the everyday running of your property. For expert help in managing your rental property, turn to the team at Property Specialists, Inc. Get in touch to learn more about our property management services!
Disclaimer: This blog isn’t intended to be a substitute for professional legal advice. Laws change and this information may become obsolete at the time you read it. For further help, please get in touch with a qualified attorney or an experienced property management company.
