Virginia · Renters' rights · Updated Oct 2026
Virginia tenant rights
Security deposits, repairs, landlord entry, notices and evictions in Virginia, in plain English from official sources, with free tools to get your deposit back and ask for repairs.
Guides for Virginia renters
Security deposit
Limit, deadline, deductions, penalty and the calculator.
Repairs
The landlord's duty, repair and deduct, withholding rent and a repair letter.
Eviction
Notice periods, court deadlines, illegal lockouts and a timeline tool.
Security deposit in Virginia
- Limit
- Two months' rent. The landlord may let you buy approved damage insurance instead, and you can switch to paying the deposit at any time.
- Deadline to return it
- Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you. If damages need an outside contractor and exceed the deposit, the landlord may notify you within the 45 days and take 15 more days to itemize. The refund goes to a forwarding address; if you give none, the landlord may hold it and later send it to the State Treasurer as unclaimed property. Give your forwarding address in writing.
- Itemized list
- Yes, an itemized written notice within 45 days. Landlords must keep itemized records of deductions for 2 years and let you inspect them. Receipts are not required by the law.
- What may be deducted
- Unpaid rent (including reasonable late charges in the lease); damage caused by your failure to meet your duties, less reasonable wear and tear; other charges in the lease; actual damages for breaking the lease; and, with advance written notice, part of the deposit to cover a final water, sewer or utility bill you owe.
- Interest
- No statute requires interest.
- Move-in checklist
- Yes. Within 5 days after you move in, the landlord must give you a written report of existing damage; it is considered correct unless you object in writing within 5 days. At move-out, the landlord must tell you in writing that you can be present at the inspection, which must happen within 72 hours after you hand over possession, if you ask in writing (Va. Code 55.1-1214, 55.1-1226(G)).
- If the landlord keeps it wrongly
- If the landlord willfully fails to follow the deposit law, the court orders return of the deposit plus your actual damages and reasonable attorney fees (if you owe rent, the deposit is credited against it). No double penalty.
How to get your deposit back
- Before you move out, clean, take dated photos and video of every room, and return all keys.
- Give your landlord your new address in writing. In Virginia: The refund goes to a forwarding address; if you give none, the landlord may hold it and later send it to the State Treasurer as unclaimed property.
- Wait for the deadline: Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you.
- If the money or an itemized list doesn't come, or the deductions are wrong, send a demand letter (below). Keep proof of mailing.
- If that doesn't work, sue in small claims court. Limit: $5,000 in the small claims division of General District Court; claims up to $50,000 can go on the regular General District Court docket. Small claims court in Virginia on Small Claims Map
Repairs in Virginia
- The landlord's duty
- The landlord must follow building and housing codes, make all repairs needed to keep the home fit and habitable, keep common areas clean and safe, keep electrical, plumbing, heating, air conditioning, appliances and elevators working, prevent moisture and mold and promptly remediate visible mold, provide trash containers and removal, and supply running water, reasonable hot water, and heat in season. Va. Code 55.1-1220.
- How to ask for repairs
- Give written notice describing the problem and keep a copy. Serious problems: 14 days before repair-and-deduct. Rent escrow: a reasonable time, presumed 30 days. Report visible mold promptly.
- Repair and deduct
- Allowed for serious problems (a fire hazard or serious threat to life, health or safety, such as rodents or no heat, hot or cold water, light, electricity or sewage). After written notice, the landlord has 14 days to take reasonable steps. If not, you may hire a licensed contractor (or licensed pest company) 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. Va. Code 55.1-1244.1.
- Withholding rent
- Not on your own. Use 'rent escrow': give written notice; if the landlord does not fix the problem in a reasonable time (more than 30 days is presumed unreasonable), file a 'tenant's assertion' in General District Court and pay your rent into court within 5 days of the due date. The court can order repairs, reduce rent, release money for repairs, or end the lease. Va. Code 55.1-1244.
- Law
- Va. Code 55.1-1220, 55.1-1244, 55.1-1244.1
Landlord entry in Virginia
At least 72 hours' notice for routine maintenance you did not request (the notice must give the last possible date, and the work must happen within 14 days). For other entries, notice of intent to enter and only at reasonable times, unless impractical. No notice is needed in an emergency or for repairs you requested. The landlord may not abuse access to harass you. Va. Code 55.1-1229.
Eviction in Virginia
- Notice for unpaid rent
- 14-day written notice to pay or the lease ends. Bounced check or rejected electronic payment: 14 days to pay by cash, cashier's check, certified check or a completed electronic transfer. You can still stop the eviction by paying everything you owe (rent, late fees, court costs, attorney fees and sheriff fees) at least 48 hours before the scheduled eviction, unless the landlord gave the required written 'acceptance with reservation' notice and other grounds exist (Va. Code 55.1-1250).
- Notice for a lease violation
- 30-day notice; if the breach can be fixed and you fix it within 21 days, the lease does not end. A breach that can't be fixed: 30 days with no cure. A repeat breach of the same kind after a cured one: 30 days, no cure. Criminal or willful acts that threaten health or safety (including illegal drug activity): immediate termination. Va. Code 55.1-1245.
- Ending a month-to-month tenancy
- Either side: 30 days before the next rent due date (unless the lease sets a different period); week-to-week: 7 days. Owners of multifamily buildings who let 20 or more (or half of) month-to-month tenancies expire within 30 days must give 60 days' notice. Va. Code 55.1-1253.
- Time to respond to an eviction lawsuit
- No written answer deadline. The first court hearing is usually within 21 days after the landlord files (no later than 30), and you must be served at least 10 days before it. Go to that first hearing (the 'return date'); if you don't, the landlord can get a default judgment. Va. Code 8.01-126.
- Lockouts and utility shutoffs
- Yes. The landlord can't take possession by locking you out, cutting off essential services, or making the home unsafe. You can petition General District Court (hearing within 5 days) to get back in or restore service, and recover actual damages plus $5,000 or four months' rent (whichever is greater) and attorney fees. Va. Code 55.1-1252, 55.1-1243.1.
- Court self-help
- The court's eviction self-help page
- Law
- Va. Code 55.1-1243.1, 55.1-1245, 55.1-1250, 55.1-1252, 55.1-1253; 8.01-126
Rent increases and rent control in Virginia
- Notice of a rent increase
- Landlords owning more than 4 rental units must give written notice of a rent increase at least 60 days before a renewable lease ends (also 60 days' notice of non-renewal). From July 1, 2027, the rent-increase notice becomes 90 days and must give you at least 30 days to decide whether to renew. Month-to-month or holdover: a new rent takes effect on the next rent due date at least 30 days after written notice. Va. Code 55.1-1204(K), 55.1-1253(D).
- Rent control
- No statewide rent control. Ask your city or county whether any local rule applies.
Late fees in Virginia
Only if your written lease provides for it. Capped at the lesser of 10% of the periodic rent or 10% of the remaining balance owed. If there is no written lease, rent is late after the 5th of the month. Landlords can't charge a fee to pay rent unless they offer a free payment option. Va. Code 55.1-1204(E), (J).
Retaliation in Virginia
The landlord may not raise rent, cut services, or bring or threaten an eviction (or end a month-to-month tenancy) because you complained to a code agency, complained to or sued the landlord under the VRLTA, joined a tenant organization, or testified against the landlord. You can recover actual damages and use it as a defense; under the current law you must prove the landlord's intent. From January 1, 2027, protection expands (complaints to the media and fair housing complaints are covered; harassment and selective rule enforcement are banned). Va. Code 55.1-1258.
Small claims court in Virginia
Deposit disputes usually go to small claims court, where you don't need a lawyer.
Limit: $5,000 in the small claims division of General District Court; claims up to $50,000 can go on the regular General District Court docket.
Where to get free help in Virginia
Good to know in Virginia
- You get 14 days to pay before a landlord can end your lease for unpaid rent, and you can still stop the eviction by paying everything at least 48 hours before the sheriff comes.
- An illegal lockout or utility shutoff can cost the landlord $5,000 or four months' rent, whichever is more, plus your damages.
- Dismissed evictions are automatically expunged from court records after July 1, 2024 (per Virginia courts).
Recent law changes
2024: landlords with more than 4 units must give 60 days' notice of rent increases and non-renewal (55.1-1204(K)); routine-maintenance entry rules updated (55.1-1229); automatic expungement of qualifying dismissed evictions began July 1, 2024. 2025 and 2026 sessions amended 55.1-1204 and 55.1-1245. 2026 laws: rent-increase notice becomes 90 days on July 1, 2027; expanded retaliation protections and a new version of rent escrow (55.1-1244) take effect January 1, 2027. The 14-day nonpayment notice continues in all current versions.
Free tools for Virginia renters
Pre-set for Virginia. They run in your browser and send nothing.
Deposit return calculator for Virginia
Find your state's deadline for returning a security deposit, whether your landlord is late and what you may be owed. Nothing you type here is sent anywhere.
Security deposit demand letter for Virginia
A short, firm and polite letter asking your landlord to return your deposit by a date. It cites your state's deposit law. Many landlords pay at this step, and the letter is proof that you asked. Fill this in, download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail with a return receipt.
Repair request letter for Virginia
Ask your landlord in writing to fix the problem by a date. A written, dated request is the first step in almost every state, and it is proof that the landlord knew. Check the problems, add dates, then download the letter as PDF or Word (or copy it). Sign it, keep a copy and photos, and send it in a way you can prove.
Eviction notice timeline for Virginia
Got a notice from your landlord? Enter the kind of notice and the day you got it to see the dates that follow from your state's rule, what your landlord may not do, and where to get free help fast.
This is not legal advice. Eviction deadlines are short and missing one can cost you your home. Read your notice carefully and contact legal aid or your court's self-help center right away.
Questions about renters' rights in Virginia
How much can a landlord charge for a security deposit in Virginia?
Two months' rent. The landlord may let you buy approved damage insurance instead, and you can switch to paying the deposit at any time.
How long does a landlord have to return a security deposit in Virginia?
Within 45 days after the tenancy ends or you move out (whichever is later), the landlord must give you a written itemized list of deductions and any money owed to you. If damages need an outside contractor and exceed the deposit, the landlord may notify you within the 45 days and take 15 more days to itemize. The refund goes to a forwarding address; if you give none, the landlord may hold it and later send it to the State Treasurer as unclaimed property. Give your forwarding address in writing.
What can I do if my landlord won't return my deposit in Virginia?
If the landlord willfully fails to follow the deposit law, the court orders return of the deposit plus your actual damages and reasonable attorney fees (if you owe rent, the deposit is credited against it). No double penalty.
What can a landlord deduct from a security deposit in Virginia?
Unpaid rent (including reasonable late charges in the lease); damage caused by your failure to meet your duties, less reasonable wear and tear; other charges in the lease; actual damages for breaking the lease; and, with advance written notice, part of the deposit to cover a final water, sewer or utility bill you owe.
Does a landlord have to pay interest on a security deposit in Virginia?
No statute requires interest.
How do I ask my landlord for repairs in Virginia?
Give written notice describing the problem and keep a copy. Serious problems: 14 days before repair-and-deduct. Rent escrow: a reasonable time, presumed 30 days. Report visible mold promptly.
Can I repair and deduct the cost from rent in Virginia?
Allowed for serious problems (a fire hazard or serious threat to life, health or safety, such as rodents or no heat, hot or cold water, light, electricity or sewage). After written notice, the landlord has 14 days to take reasonable steps. If not, you may hire a licensed contractor (or licensed pest company) 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. Va. Code 55.1-1244.1.
Can I withhold rent for repairs in Virginia?
Not on your own. Use 'rent escrow': give written notice; if the landlord does not fix the problem in a reasonable time (more than 30 days is presumed unreasonable), file a 'tenant's assertion' in General District Court and pay your rent into court within 5 days of the due date. The court can order repairs, reduce rent, release money for repairs, or end the lease. Va. Code 55.1-1244.
How much notice does a landlord need to enter in Virginia?
At least 72 hours' notice for routine maintenance you did not request (the notice must give the last possible date, and the work must happen within 14 days). For other entries, notice of intent to enter and only at reasonable times, unless impractical. No notice is needed in an emergency or for repairs you requested. The landlord may not abuse access to harass you. Va. Code 55.1-1229.
How much notice does a landlord have to give for unpaid rent in Virginia?
14-day written notice to pay or the lease ends. Bounced check or rejected electronic payment: 14 days to pay by cash, cashier's check, certified check or a completed electronic transfer. You can still stop the eviction by paying everything you owe (rent, late fees, court costs, attorney fees and sheriff fees) at least 48 hours before the scheduled eviction, unless the landlord gave the required written 'acceptance with reservation' notice and other grounds exist (Va. Code 55.1-1250).
How much notice for a lease violation in Virginia?
30-day notice; if the breach can be fixed and you fix it within 21 days, the lease does not end. A breach that can't be fixed: 30 days with no cure. A repeat breach of the same kind after a cured one: 30 days, no cure. Criminal or willful acts that threaten health or safety (including illegal drug activity): immediate termination. Va. Code 55.1-1245.
How much notice is needed to end a month-to-month lease in Virginia?
Either side: 30 days before the next rent due date (unless the lease sets a different period); week-to-week: 7 days. Owners of multifamily buildings who let 20 or more (or half of) month-to-month tenancies expire within 30 days must give 60 days' notice. Va. Code 55.1-1253.
How long do I have to respond to an eviction lawsuit in Virginia?
No written answer deadline. The first court hearing is usually within 21 days after the landlord files (no later than 30), and you must be served at least 10 days before it. Go to that first hearing (the 'return date'); if you don't, the landlord can get a default judgment. Va. Code 8.01-126.
Can my landlord lock me out or shut off utilities in Virginia?
Yes. The landlord can't take possession by locking you out, cutting off essential services, or making the home unsafe. You can petition General District Court (hearing within 5 days) to get back in or restore service, and recover actual damages plus $5,000 or four months' rent (whichever is greater) and attorney fees. Va. Code 55.1-1252, 55.1-1243.1.
How much notice is needed for a rent increase in Virginia?
Landlords owning more than 4 rental units must give written notice of a rent increase at least 60 days before a renewable lease ends (also 60 days' notice of non-renewal). From July 1, 2027, the rent-increase notice becomes 90 days and must give you at least 30 days to decide whether to renew. Month-to-month or holdover: a new rent takes effect on the next rent due date at least 30 days after written notice. Va. Code 55.1-1204(K), 55.1-1253(D).
Is there rent control in Virginia?
No statewide rent control. Ask your city or county whether any local rule applies.
Is there a limit on late fees in Virginia?
Only if your written lease provides for it. Capped at the lesser of 10% of the periodic rent or 10% of the remaining balance owed. If there is no written lease, rent is late after the 5th of the month. Landlords can't charge a fee to pay rent unless they offer a free payment option. Va. Code 55.1-1204(E), (J).
Can my landlord retaliate if I complain in Virginia?
The landlord may not raise rent, cut services, or bring or threaten an eviction (or end a month-to-month tenancy) because you complained to a code agency, complained to or sued the landlord under the VRLTA, joined a tenant organization, or testified against the landlord. You can recover actual damages and use it as a defense; under the current law you must prove the landlord's intent. From January 1, 2027, protection expands (complaints to the media and fair housing complaints are covered; harassment and selective rule enforcement are banned). Va. Code 55.1-1258.
What is the small claims limit in Virginia?
$5,000 in the small claims division of General District Court; claims up to $50,000 can go on the regular General District Court docket.
- Va. Code 55.1-1214, 55.1-1226
- Va. Code 55.1-1204 Terms and conditions of rental agreement
- Va. Code 55.1-1245 Noncompliance with rental agreement
- Va. Code 55.1-1244.1 Tenant's remedy by repair
- Va. Code 55.1-1243.1 Tenant's remedies for exclusion
- Va. Code 55.1-1258 Retaliatory conduct prohibited
- Va. Code 8.01-126 Summons for unlawful detainer
- Virginia Judicial System Self-Help: Landlord - Tenant
Last checked: Oct 2026.