A property management company expands into the Virginia market from North Carolina. The company had managed properties in three other states for years. Their deposit process worked everywhere else. In Virginia, it did not. Three months in, a tenant disputes a security deposit deduction - the landlord failed to deliver the itemized written notice within Virginia's 45-day deadline. Under §55.1-1226 of the Virginia Residential Landlord and Tenant Act, willfully failing to comply with that deadline can result in a court ordering the full return of the security deposit plus actual damages and attorney's fees.

The Virginia Residential Landlord and Tenant Act (VRLTA), codified in §§55.1-1200 through 55.1-1262 of the Code of Virginia, governs residential rental agreements throughout the Commonwealth. It applies statewide and cannot be waived or modified by any local government body. Every lease term, notice, disclosure, and fee must comply with its requirements. Violations can expose landlords to tenant remedies, security deposit disputes, court-ordered damages, attorney's fees, and other statutory penalties.

Virginia rental laws have also been among the most actively updated in the country in recent years. The 2025 legislative session introduced significant first-page fee disclosure requirements. Changes effective July 1, 2026, expand tenant protections substantially - including increasing the nonpayment of rent notice period from 5 days to 14 days and mandating new payment method obligations. Effective July 1, 2027, Virginia will require 90 days' notice for rent increases under HB678. Property managers operating in Virginia must understand not just the baseline VRLTA requirements but where they are actively changing.

This guide covers the core compliance requirements of the VRLTA and the 2025, 2026, and 2027 changes that every Virginia property manager must prepare for now.

Quick Reference: Key VRLTA Requirements

Compliance Timeline for Property Managers

What the VRLTA Covers - and What It Does Not

The VRLTA applies to most residential rental properties across all Virginia jurisdictions. Unlike some states where local ordinances can modify or supersede state landlord-tenant law, the VRLTA expressly states that it applies to all jurisdictions in the Commonwealth and may not be waived or modified by any locality, its boards, commissions, or instrumentalities.

Properties generally exempt from the VRLTA include transient occupancy in hotels, motels, and similar establishments; occupancy under a contract of sale where the occupant is the buyer; and certain agricultural tenancies. The VRLTA applies to most single-family homes, apartments, condominiums, manufactured homes, and subsidized housing.

Must Read: Georgia Property Management Licensing: What GREC Requires

Lease Requirements: What Must Be in Writing

The VRLTA requires landlords to offer a written rental agreement to every prospective tenant. Under §55.1-1204, if a landlord fails to provide a written lease, the VRLTA establishes a statutory lease between landlord and tenant for 12 months not subject to automatic renewal.

Tenants must receive a copy of the lease before move-in. The written agreement must accurately reflect all terms including rent amount, late fees, notice requirements, and deposit obligations.

The fee disclosure statement (§55.1-1204.1), effective July 1, 2025, introduced a significant new requirement: every written rental agreement must display on its first page an itemization of all charges comprising the security deposit, the amount of rent due per payment period, and any additional one-time charges due before the commencement date or in the first rental payment. Confirmed from the primary Virginia Code at law.lis.virginia.gov, immediately above this itemized list, the agreement must state verbatim:

"No additional security deposits or rent shall be charged unless they are listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement."

Leases that were compliant before July 1, 2025 require review and updating to meet this requirement. Additionally, under HB1005 (enacted April 2026, effective July 1, 2026), landlords must accept rent and security deposit payments by check and money order in addition to electronic methods, and must offer at least one fee-free payment option.

Statement of Tenant Rights and Responsibilities

Since July 1, 2020, every Virginia landlord must provide prospective tenants with the Statement of Tenant Rights and Responsibilities developed by the Virginia Department of Housing and Community Development (DHCD). Landlords must always provide the most current version of this statement published by DHCD. At the time of writing, the current version became effective July 1, 2025, and is available in English, Spanish, Arabic, Chinese, Korean, and Tagalog.

Under §55.1-1204, as confirmed from the enacted text of HB1005, the parties to a written rental agreement shall sign the DHCD acknowledgment form confirming that the tenant received the statement. If a tenant fails to sign the form, the landlord shall record the date or dates on which the form was provided to the tenant and the fact that the tenant failed to sign.

For property management teams handling high-volume lease signings across Virginia portfolios, RIOO's leasing management workflows support documentation tracking to ensure lease execution records are maintained for every tenancy.

Security Deposit Requirements: §55.1-1226

• Virginia security deposit law
  Is one of the most litigated areas of the VRLTA. The rules are specific, the deadlines are strict, and the penalties for willful non-compliance are significant.

• Deposit cap
  Under §55.1-1226, confirmed directly from the Virginia Code at law.lis.virginia.gov, no landlord may demand or receive a security deposit "however denominated" in an amount in excess of two months' periodic rent. The phrase "however denominated" is significant - any deposit, fee, or charge collected for security purposes counts toward the two-month maximum regardless of what it is called. This cap applies to every type of residential lease with no exceptions and no local override.

• Move-in inspection
  Under §55.1-1214, landlords must provide tenants with a written move-in inspection report itemizing existing damages to the dwelling unit within five days after the beginning of the tenancy. The tenant has the right to object to anything in the move-in report within five days of move-in.

• Move-out inspection
  Under §55.1-1226(G), the tenant has the right to be present at a move-out inspection, which must be made within 72 hours of delivery of possession of the dwelling unit. Following the move-out inspection, the landlord must provide the tenant with the itemized written statement required by §55.1-1226 within the statutory timeframe.

• Return deadline
  The landlord must return the security deposit along with an itemized written statement of any deductions within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs later. Under §55.1-1226(E), if the landlord willfully fails to comply, the court shall order return of the security deposit to the tenant, together with actual damages and reasonable attorney's fees - unless the tenant owes rent, in which case the court shall order an amount equal to the security deposit credited against rent due. Additionally, if damages exceed the deposit and require a third-party contractor, the landlord must give written notice to the tenant within the 45-day period and receives an additional 15 days to provide an itemization of damages and repair costs.

• Permissible deductions
  Under §55.1-1226 include accrued rent and reasonable charges for late payment, actual damages caused by the tenant's noncompliance less reasonable wear and tear, other charges specified in the rental agreement, and damages for breach of the rental agreement. Deductions must be documented with paid receipts or invoices.

• Property sale
  Under §55.1-1226(E), the holder of the landlord's interest at the time of tenancy termination is bound by the security deposit obligations regardless of how the interest was acquired or transferred.

RIOO's property accounting module supports per-unit deposit tracking with move-in and move-out documentation records - maintaining the financial records that §55.1-1226 compliance requires.

Landlord Right of Entry: §55.1-1229

Under §55.1-1229, Virginia requires landlords to give tenants at least 72 hours' notice before entering a dwelling unit for routine non-emergency purposes such as inspections, maintenance, or showings.

The notice must identify the maintenance or inspection window and the work must be performed within 14 days after delivery of the notice. Entry must occur at reasonable times.

Three exceptions apply:

• Emergency entry
  If there is a genuine emergency, the landlord may enter without prior notice. After emergency entry, the landlord should inform the tenant as soon as practical.

• Tenant-requested maintenance
  When a tenant has specifically requested maintenance, the landlord is not required to provide a separate 72-hour entry notice for that request.

• Impracticable notice
  If it is impractical to give 72 hours' notice, the landlord may enter with less notice, but this exception should be used narrowly and documented.
  
  Property managers who default to 24-hour notice practices from other states are out of compliance with the VRLTA from day one.

Habitability Obligations: §55.1-1220

Virginia landlords must maintain rental units fit and habitable in accordance with the Uniform Statewide Building Code. Under §55.1-1220, landlords must make all repairs needed to keep premises fit and habitable.

If an issue affects life, health, safety, or seriously affects habitability, and the landlord has not begun to address it within 14 days of written notice from the tenant, the tenant may have remedies available including filing a Tenant's Assertion in General District Court. Filing must be done no later than five days after rent is due.

• Important
  There is no general rent withholding right in Virginia. Tenants must be current in rent before asserting habitability claims and must give the landlord written notice and wait a reasonable period.

• Repair and deduct
  If the landlord fails to remedy a condition constituting material noncompliance or a serious safety or health threat within 14 days of written notice, the tenant may arrange the repair with a licensed contractor and deduct the actual cost from rent, up to one month's rent or $1,500, whichever is greater (§55.1-1244.1).

• Smoke alarms
  Landlords must provide tenants with a certificate at least once every 12 months confirming that all smoke alarms in the unit are present, have been inspected, and are in good working order (§55.1-1220(8)).

• Mold disclosure
  Under §55.1-1215, landlords must disclose any visible evidence of mold to the tenant before the tenancy begins. §8.01-226.12 establishes the civil remedy provisions for the duty of landlords regarding visible mold.

Late Fees: §55.1-1204(E)

Under the VRLTA, confirmed from the DHCD Statement of Tenant Rights and Responsibilities, late fees are capped at 10% of the monthly rent or 10% of the unpaid balance, whichever is less (§55.1-1204(E)). A lease provision imposing a higher late fee is unenforceable.

The late fee must be specified in the written lease. If the landlord does not provide a written rental agreement, a 5-day grace period applies before any late fee can be charged.

The Virginia Eviction Process: Unlawful Detainer

Virginia eviction actions are filed as Unlawful Detainer actions in Virginia General District Court, governed by §55.1-1245 and §55.1-1254.

• Nonpayment of rent (current, through June 30, 2026) :
  The landlord must serve a 5-day written notice to pay rent or vacate before filing for eviction.

• Nonpayment of rent (from July 1, 2026) :
  Under SB48 and HB15, effective July 1, 2026, the required notice period increases from 5 days to 14 days. Any notice form that continues using the former 5-day period after July 1, 2026 may create a procedural defect that jeopardizes an unlawful detainer action.

• Pay and stay right :
  After an unlawful detainer is filed for nonpayment of rent, a tenant has the right to pay to a zero balance on or before the court date and have the lawsuit dismissed. After a court issues a judgment of possession, the tenant has the right to pay to a zero balance up to two business days before the sheriff's eviction and have the eviction cancelled. A tenant may use this right only once in any 12-month period.

• Self-help eviction is illegal in Virginia :
  A landlord who changes locks, removes doors, shuts off utilities, or removes a tenant's belongings without a court order faces civil liability. Only the sheriff may execute a court-ordered eviction.

Also Read: Illinois Eviction Process: Notice Requirements, Filing Steps, and Common Dismissal Reasons

Also Read: Arizona Eviction Law: Notice Types, Filing Steps, and Common Procedural Errors

2025 and 2026 Updates: What Has Changed and What Is Coming

Effective July 1, 2025

• First-page fee disclosure (§55.1-1204.1).
  Every written rental agreement must display an itemized list of all charges on the first page, with the verbatim statement prohibiting undisclosed charges. This applies to all new and renewed leases.

• Updated Statement of Tenant Rights and Responsibilities.
  DHCD updated the required statement effective July 1, 2025. Landlords must always provide the most current DHCD version.

Effective July 1, 2026

• Nonpayment notice period expands from 5 to 14 days (SB48/HB15).
  This is the single most operationally significant change for Virginia property managers. Any notice form that continues using the former 5-day period after July 1, 2026 may create a procedural defect that jeopardizes an unlawful detainer action.

• Expanded payment method requirements (HB1005).
  Beginning July 1, 2026, landlords must accept rent and security deposit payments by check and money order in addition to electronic methods, and must provide a written receipt. Landlords must also continue to offer at least one fee-free payment option. Property managers should confirm with Virginia counsel whether the small landlord exemption (four or fewer rental dwelling units) applies to their specific portfolio.

• Fee restrictions (HB1005).
  The 2026 amendments prohibit landlords from charging payment processing fees that exceed actual third-party costs. Private landlords are no longer able to impose fees for the general maintenance or repair of a dwelling unit unless the repair is necessitated by the tenant's action or omission.

Effective July 1, 2027

• 90-day rent increase notice (HB678).
  Under HB678 amending Va. Code §55.1-1204, landlords subject to the VRLTA will be required to provide tenants with written notice of any rent increase at least 90 days before the end of the current rental agreement term. The notice must include a deadline - no sooner than 30 days after delivery - by which the tenant must advise the landlord whether they will renew.

Common VRLTA Compliance Failures

1. Using outdated eviction notice forms.
After July 1, 2026, any 5-day pay or quit notice is defective under SB48/HB15. All notice templates must be updated before the effective date.

2. Failing to comply with the 45-day security deposit return timeline.
The 45-day deadline runs from termination or vacation, whichever is later. Under §55.1-1226(E), willful failure to comply can result in a court ordering full return of the deposit plus actual damages and attorney's fees.

3. Failing to include the first-page fee disclosure.
Since July 1, 2025, the itemized charge disclosure and verbatim prohibited-charge statement must appear on the first page of every lease.

4. Providing only 24 or 48 hours' notice before routine entry.
Virginia requires 72 hours' notice under §55.1-1229. Property managers from other states frequently apply their home-state standard here.

5. Failing to provide or update the Statement of Tenant Rights.
Landlords must always provide the most current DHCD version. Providing an outdated statement does not satisfy the obligation.

6. Charging late fees above the statutory cap.
The cap is 10% of monthly rent or 10% of the unpaid balance, whichever is less. Any lease provision exceeding this is unenforceable.

7. Failing to conduct or document move-in and move-out inspections.
Without a documented move-in inspection report provided within five days of tenancy start, and a move-out inspection within 72 hours of possession delivery, security deposit deductions are difficult to defend.

8. Not planning for the 2027 rent increase notice requirement.
Landlords whose renewal processes happen less than 90 days before lease expiration will need to restructure internal timelines significantly before July 1, 2027.

Frequently Asked Questions

1. What is the Virginia Residential Landlord and Tenant Act?

The VRLTA is the state law governing residential rental agreements in Virginia, codified at §§55.1-1200 through 55.1-1262. It applies to all Virginia jurisdictions, cannot be modified by local government, and establishes rights and obligations for landlords and tenants statewide.

2. What is the security deposit cap in Virginia?

Under §55.1-1226, the maximum security deposit is two months' rent with no exceptions. The cap applies regardless of how the deposit is described - the statute uses the phrase "however denominated." Virginia does not require landlords to pay interest on security deposits.

3. How long does a Virginia landlord have to return a security deposit?

45 days after the termination date of the tenancy or the date the tenant vacates, whichever is later, with an itemized written statement of any deductions. Under §55.1-1226(E), willful failure to comply can result in a court ordering return of the deposit plus actual damages and attorney's fees.

4. How much notice does a Virginia landlord need to give before entering a rental unit?

At least 72 hours for routine non-emergency entry under §55.1-1229. No notice is required in a genuine emergency, and no separate notice is required when the tenant has already submitted a maintenance request.

5. What is the biggest change in the 2026 Virginia landlord-tenant law updates?

The nonpayment of rent notice period increases from 5 days to 14 days effective July 1, 2026 under SB48/HB15. Any notice form referencing a 5-day period after that date may create a procedural defect. Landlords must also begin accepting checks and money orders and offer at least one fee-free payment option under HB1005.

6. What is the Statement of Tenant Rights and Responsibilities?

A document produced by the Virginia DHCD that landlords must provide to every prospective tenant at lease signing under §55.1-1204. Landlords must always provide the most current version. Both parties are expected to sign an acknowledgment form; if the tenant declines to sign, the landlord should document the date the statement was provided.

7. What late fee can a Virginia landlord charge?

Under §55.1-1204(E), late fees are capped at 10% of the monthly rent or 10% of the unpaid balance, whichever is less. Lease provisions exceeding this cap are unenforceable under the VRLTA.

8. What happens if a Virginia landlord locks out a tenant without a court order?

Self-help eviction is illegal in Virginia. A landlord who changes locks, shuts off utilities, or removes a tenant's belongings without following the legal eviction process faces civil liability. Only the sheriff may execute a court-ordered eviction.

Conclusion

The Virginia Residential Landlord and Tenant Act is a comprehensive statutory framework that touches every stage of the landlord-tenant relationship - from the first page of the lease to the final security deposit statement. Its requirements are statewide, non-waivable by local government, and actively evolving through annual legislative sessions. Property managers who treat the VRLTA as a static set of rules rather than a framework that updates regularly create compounding compliance exposure with each cycle.

The 2025 fee disclosure mandate, the 2026 nonpayment notice extension and payment method requirements, and the 2027 rent increase notice obligation each require operational changes - to notice templates, lease forms, payment processing systems, and renewal timelines - that cannot be addressed on the day they take effect.

RIOO supports Virginia property management operations through leasing management, contracts and renewals, property accounting, and workflow and customization tools - helping management teams organize the lease execution, deposit tracking, notice scheduling, and renewal workflows that VRLTA compliance across a residential portfolio requires.

Disclaimer : This blog is intended for general informational purposes only and does not constitute legal advice. Virginia landlord-tenant laws are subject to change, and individual circumstances vary. Property managers should consult a qualified Virginia attorney before making compliance decisions.