Virginia rewrote big parts of its landlord-tenant law in 2026, and the changes matter whether you rent or own. Most notably, starting July 1, 2026, a landlord must give a tenant at least 14 days to pay rent before the tenancy can be terminated for nonpayment (§ 55.1-1245), replacing the old 5-day window. The 2026 session also made central air conditioning an “essential service” under the Virginia Residential Landlord and Tenant Act (VRLTA), and the current statute text caps security deposits at two months’ rent (§ 55.1-1226).
The VRLTA, codified in Title 55.1, Chapter 12 of the Code of Virginia, governs most residential tenancies. It sets the floor; localities layer programs on top. Arlington and Alexandria, for example, run tenant-landlord commissions and eviction-prevention services beyond state law, so a Northern Virginia lease may carry obligations a rural one would not.
This guide walks through the rules that produce the most friction in Virginia: deposits, pets, rent increases, disclosures, and evictions. It is general information, not legal advice — for a specific dispute, contact the Virginia Poverty Law Center, Legal Aid Justice Center, or a licensed Virginia attorney.
| Governing law | Virginia Code Title 55.1, Chapter 12 (VRLTA) |
|---|---|
| Security deposit cap | 2 months’ rent (§ 55.1-1226) |
| Deposit return deadline | 45 days after the tenancy ends or you vacate, whichever is later |
| Nonpayment notice to quit | At least 14 days as of July 1, 2026 (§ 55.1-1245) |
| Rent increase notice (month-to-month) | 30 days’ written notice (§ 55.1-1253) |
| Small claims limit | $5,000 in General District Court |
Virginia Rental Law at a Glance
The VRLTA covers security deposits, lease terms, notices, entry, repairs, and termination for most residential rental agreements in Virginia. Eviction actions run through the unlawful detainer process under § 8.01-126. Federal requirements — chiefly the lead-based paint disclosure for pre-1978 housing — apply on top of state law.
A lease cannot waive a tenant’s non-waivable statutory rights, and the 2026 amendments added new protections, including locality enforcement authority (§ 55.1-1259) and a broader Eviction Diversion Program. Some changes do not arrive until 2027, so read the current statute text.
Security Deposits: The 45-Day Clock and the Two-Month Cap
Virginia now caps security deposits at two months’ rent (§ 55.1-1226(A)), and since July 1, 2024, the deposit amount must appear clearly on the first page of the written lease. The landlord must return the deposit, together with a written itemized statement of any deductions, within 45 days after the tenancy ends or the tenant vacates — whichever happens last. The deposit may be applied only to unpaid rent and late charges, damages beyond reasonable wear and tear, charges the lease specifies, and certain breach damages (§ 55.1-1226(A)).
If a landlord willfully fails to follow the statute, a court must order the deposit returned plus actual damages and reasonable attorney’s fees (§ 55.1-1226(E)). Virginia also protects the process around the deposit:
- ✓The landlord must tell the tenant about the right to be present at the move-out inspection within 5 days of notice of intent to vacate; if the tenant asks in writing, the inspection must occur within 72 hours of possession being delivered.
- ✓Substantial deductions need documentation — the itemized statement should tie each charge to real costs rather than estimates.
- ✓The landlord must keep itemized records of deductions for the preceding two years and let the tenant or the tenant’s attorney inspect them during normal business hours (§ 55.1-1226(F)).
- ✓Virginia also lets a tenant buy damage insurance in lieu of a security deposit (§ 55.1-1226(I)).
- ✓Practical tip: photograph the unit at move-in and move-out, put your forwarding address in writing, and treat the 45-day deadline as a hard stop — landlords who miss it lose far more than the deposit in court.
Pet Deposits and Pet Rent in Virginia
Virginia sets no statewide limit on pet deposits or pet rent — the amounts are whatever the lease says, within the two-month deposit cap if the pet charge is a deposit rather than a fee. Landlords in Richmond and Northern Virginia commonly charge a pet deposit plus monthly pet rent.
Service and assistance animals are not pets under fair housing law, so pet deposits and pet rent should not be charged for them. Label each charge clearly in the lease: a pet deposit is refundable (subject to lawful deductions), while a pet fee is not a deposit at all and is treated differently at move-out.
Rent Increases and Notice in Virginia
Virginia has no statewide rent control, and no locality has enacted rent stabilization, so the amount of any increase is set by the lease and the market. For a fixed-term lease, rent is locked for the term; for a month-to-month tenancy, either party may end the tenancy on 30 days’ written notice (§ 55.1-1253(A)), and a rent increase takes effect no earlier than the first rent due date falling at least 30 days after written notice (§ 55.1-1253(D)).
Note the bulk-nonrenewal rule: an owner of a multifamily building who fails to renew a large share of month-to-month tenancies at once must give 60 days’ notice (§ 55.1-1253(B)). Tenants facing an increase should check the lease notice period, put everything in writing, and negotiate before the new rate lands.
Disclosures and Habitability
Virginia requires a long list of pre-lease paperwork. Landlords must give tenants the Department of Housing and Community Development’s Statement of Tenant Rights and Responsibilities before the lease takes effect (§ 55.1-1204), show core fees on the first page of the written agreement (§ 55.1-1204.1), and deliver a signed copy of the lease within 10 business days.
Disclosure duties also cover the physical condition of the unit:
- ✓Visible evidence of mold must be noted in the written report of the condition of the premises (§ 55.1-1215), and a landlord cannot collect rent while failing to remediate visible mold after notice.
- ✓Known defective drywall must be disclosed (§ 55.1-1218), and units in military air installation noise or accident-potential zones need a written risk disclosure (§ 55.1-1217).
- ✓The federal lead-based paint disclosure applies to pre-1978 housing, and landlords must keep smoke detectors installed and working under the statewide fire code.
- ✓For habitability, Virginia courts enforce an implied warranty of fitness for human habitation, and the 2026 session added central air conditioning to “essential services.” 2026 changes also removed the requirement to deposit disputed rent into court escrow before raising certain noncompliance defenses.
Evictions: The New 14-Day Nonpayment Notice
Since July 1, 2026, a Virginia landlord must give written notice of nonpayment and at least 14 days to pay before terminating the tenancy (§ 55.1-1245). After the notice expires, the landlord files an unlawful detainer action in general district court (§ 8.01-126); self-help evictions, lockouts, and utility shut-offs are not legal in Virginia.
Virginia’s Eviction Diversion Program gives tenants a chance to stay: since July 1, 2026, the initial payment dropped from 25% to 10% of the amount owed, tenants need only show income, and courts must mention the program when the summons is served. Respond in writing immediately and contact a legal aid organization — deadlines are short.
Resolving Deposit and Lease Disputes
Most Virginia deposit and lease disputes land in general district court, where the small claims track handles cases up to $5,000. Start with a written demand letter citing the exact statute and setting a deadline; most disputes settle there. If not, file in the county where the property sits, and bring the lease, photos, the itemized statement, and proof of mailing.
Free help is available through the Virginia Poverty Law Center, Legal Aid Justice Center, and Legal Services of Northern Virginia. Documentation wins these cases — vague claims rarely do.
Guide reviewed 2026-08-19. Rental laws change frequently; verify the current statute text before relying on any rule on this page. This information is not legal advice.