Virginia Landlord-Tenant Laws (2026): Deposits, Notice, and Tenant Rights

Virginia caps security deposits at 2 months' rent and requires landlords to return them within 45 days of the tenancy ending. For routine maintenance the tenant has not requested, the landlord must give at least 72 hours of advance notice; for showings to prospective tenants or buyers, the law requires only that the tenant not unreasonably withhold consent, with no fixed number of hours specified. The Virginia Residential Landlord and Tenant Act (VRLTA) governs most residential rentals statewide.

Security deposits in Virginia

Under the Virginia Residential Landlord and Tenant Act, a landlord may not collect a security deposit exceeding 2 months' rent. This hard cap applies regardless of credit history, pet ownership, or any other factor. Pet deposits are treated as part of this overall security-deposit limit, not as a separate category, so the combined total cannot exceed 2 months.

Once the tenancy ends and the tenant vacates, the landlord has 45 days to return the deposit along with an itemized written list of any deductions. Permissible deductions include unpaid rent, damages beyond normal wear and tear, and reasonable cleaning costs if the lease required the tenant to leave the unit in a specified condition. Virginia law does not require landlords to hold deposits in a segregated escrow account or pay interest, but the 45-day return deadline is firm.

If a landlord fails to return the deposit within 45 days or fails to provide the required itemization, the tenant may recover the full deposit plus damages. The tenant's small claims court limit in Virginia is $5,000, which covers most deposit disputes.

When can a landlord enter? Notice rules

Virginia's entry notice rules turn on the type of visit. For routine maintenance the tenant has not requested, the landlord must give the tenant at least 72 hours of advance written notice, and the maintenance must be performed within 14 days of that notice. For showing the unit to a prospective tenant or buyer, VRLTA sets no specific number of hours; it requires only that the tenant not unreasonably withhold consent to the showing. Both types of entry must occur at a reasonable time, typically normal business hours, unless the tenant agrees to a different schedule.

Emergency entry is the exception to both notice requirements. A landlord may enter immediately and without notice when there is a genuine emergency that threatens the property or the health and safety of its occupants, such as a fire, flooding, or a gas leak. In all non-emergency situations, entry without proper notice is a violation of VRLTA and may give the tenant grounds for a claim against the landlord. Tenants should document any entry that occurs without the required advance notice.

Ending a lease: notice to vacate

Virginia month-to-month tenancies can be terminated by either party with at least 30 days written notice before the next rent due date. If rent is due on the first of the month, a notice delivered on April 10 would give notice through May 31, with the tenancy ending June 1. The notice does not need to land exactly 30 days before the rent date; it simply must give at least 30 days before the date the tenancy is to end, timed to align with the rent cycle.

These rules apply to no-cause terminations. For nonpayment of rent or other for-cause evictions under VRLTA, a landlord must follow specific statutory steps, including the written pay-or-quit notice for nonpayment under Va. Code 55.1-1245. Effective July 1, 2026, House Bill 15 and Senate Bill 48 (2026) extend that pay-or-quit notice from 5 days to 14 days; the prior 5-day notice applied to nonpayment notices served before July 1, 2026. See Virginia eviction notice rules for the full process, or visit the eviction notice hub for a general overview.

Tenants who vacate without giving proper 30-day notice may be held responsible for rent through the notice period. Both parties should ensure any notice to vacate is in writing and that delivery is documented.

Repairs and the warranty of habitability

The VRLTA imposes a warranty of habitability under 55.1-1220. Landlords must maintain rental units in a condition that is safe, sanitary, and fit for habitation throughout the tenancy. This includes keeping structural components, heating, plumbing, electrical systems, and common areas in good repair. A landlord who receives written notice of a habitability defect must act within a reasonable time, or within the specific timelines in the lease or by statute for certain emergencies.

Virginia tenants have a limited repair-and-deduct remedy under 55.1-1244.1, the "tenant's remedy by repair" statute. It reaches any condition that constitutes a material noncompliance by the landlord with the rental agreement or with provisions of law, as well as any condition that, if not promptly corrected, will constitute a fire hazard or a serious threat to the life, health, or safety of occupants, including rodent infestation or the loss of heat, hot or cold running water, light, electricity, or sewage facilities.

The procedure is specific, and skipping a step forfeits the protection. The tenant must notify the landlord of the condition in writing, and the landlord then has 14 days from that notice to take reasonable steps to make the repair. If the landlord does not act, the tenant may have the work done by a third-party contractor licensed by the Board for Contractors, or by a licensed pesticide business in the case of a rodent infestation, and may deduct the actual costs incurred after submitting an itemized statement with receipts to the landlord. Recovery is capped at the greater of one month's rent or $1,500. Doing the work yourself, or hiring someone who is not licensed, falls outside the statute and is not protected.

For broader habitability failures, tenants may also use the rent escrow procedure in 55.1-1244, filing a tenant's assertion in general district court and paying rent into the court while a repair dispute is pending, or seek termination of the tenancy for material noncompliance. Virginia Legal Aid or a local tenant-rights clinic can help document the notice and waiting-period requirements that must be met before using these remedies.

Rent, late fees, and rent control

A landlord cannot charge a late fee at all unless the written lease provides for one. If it does, Virginia caps the fee at the lesser of 10% of the periodic rent or 10% of the remaining balance owed. On a monthly tenancy, if rent is $1,500 per month, the maximum late fee is $150. VRLTA's 5-day grace period, under which rent is not considered late until after the 5th of the month, is a default term that applies only when the landlord has not offered a written rental agreement; it does not override the due date and late-fee terms set out in a written lease.

Virginia law does not regulate rent increases for market-rate rentals. A landlord may raise rent on a month-to-month tenancy by giving the required 30-day advance written notice. During a fixed-term lease, rent is locked at the agreed amount unless the lease expressly allows mid-term adjustments.

Virginia preempts local rent control statewide. No Virginia city, county, or town may enact rent stabilization or rent control ordinances. Any local provision that attempts to do so is void under state law. Tenants in Virginia do not have rent-increase protection beyond the notice rights described above.

If you have a landlord-tenant dispute in Virginia

Begin every dispute with written documentation. Send repair requests, complaints, and notices by email or certified mail and keep copies. If a landlord has not returned a deposit within 45 days, send a written demand that cites 55.1-1226 and the return deadline. Many deposit disputes are resolved at this stage without filing a claim.

Virginia General District Court handles small claims up to $5,000 with an informal process. The filing fee is modest, and tenants may appear without an attorney. A claim above the $5,000 small claims limit does not leave general district court; it simply moves to that court's regular civil docket. Under Va. Code 16.1-77, general district court has exclusive original jurisdiction over claims up to $4,500 and shares jurisdiction with circuit court from $4,500 up to $50,000, so a deposit or damages claim of several thousand dollars is still filed in general district court. Circuit court is the venue for a VRLTA enforcement action seeking an injunction and damages, including a retaliation claim, under Va. Code 55.1-1259.

The Virginia Department of Housing and Community Development (dhcd.virginia.gov) provides tenant resources and links to local housing authorities. Virginia Legal Aid (valegalaid.org) offers free legal assistance to income-qualifying tenants and can help navigate VRLTA procedures. Local tenant-rights organizations in Northern Virginia, Richmond, and Hampton Roads also provide hotlines and clinics.

For VRLTA violations involving entry without notice, illegal lockouts, or retaliatory conduct by a landlord, the tenant may be entitled to actual damages plus attorney fees under Virginia law. Consult a licensed Virginia attorney if the conduct rises to that level.

This article is general legal information, not legal advice. Landlord-tenant rules vary by state and city and change, and some cities add their own ordinances. For advice about a specific situation, consult a licensed attorney or your state housing agency.

Related pages: Landlord-Tenant Laws by State (hub) | Virginia Eviction Notice | Virginia Squatters Rights

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