Virginia Rental Laws - An Overview of Landlord-Tenant Rights in Front Royal

In the US, most states have their own set of local landlord-tenant laws that anyone involved with a rental must adhere to. From the obligations of a tenant to the rules surrounding security deposits, and rental fees, these laws can be confusing to understand.

However, it is crucial that both the landlord and tenant familiarize themselves with Virginia landlord-tenant laws, as failing to do so could land you in legal hot water.

Luckily, we have provided a guide to the rental housing laws that are specific to Virginia. So, if you're looking for an introduction to the Virginia Residential Landlord-Tenant Act and how it applies to residential property, keep reading.

Virginia Landlord-Tenant Law: Tenant Rights and Responsibilities

Like most states, Virginia law outlines what the rights and responsibilities of a tenant. The Virginia renters' rights are to live in a habitable living space, request repairs from the landlord, and receive information regarding any mandatory disclosures related to the home.

The responsibilities of a Virginia tenant are as follows:

• Pay rent on time as specified in the lease agreement.
• Maintain a safe and hazard-free dwelling unit.
• Adhere to all building and housing codes.
• Maintain clean plumbing fixtures of the rental dwelling unit.
• Use the dwelling unit and its appliances, utilities, and fixtures for only their intended purpose.
• Maintain a reasonable state of cleanliness.
• Pay utility bills on time.
• Prevent the growth of mold or mildew on the premises.
• Remove trash.
• Never deliberately or negligently damage the dwelling unit.
• Respect neighbors and fellow tenants.
• Never tamper with or remove a smoke alarm or carbon monoxide detector.

Virginia Landlord-Tenant Law: Landlord Rights and Responsibilities

Just like tenants, landlords have their own set of rights along with their responsibilities. Landlords in Virginia have the right to evict tenants who violate the lease or written rental agreement, and nonpayment generally requires a 14-day notice period before the landlord proceeds further; lease noncompliance can support termination after 30 days' notice.

They also have the right to regularly collect periodic rent for the rental property and must accept rental payments by check and money order, while providing a written receipt. If a payment is rejected for insufficient funds, the landlord must give the required notice and chance to cure before taking the next step. Landlords must also offer at least one no-fee payment option without additional fees and cannot impose processing fees above actual processing costs.

These rules apply during the lease period as well as when enforcement actions begin. In Virginia, eviction cases are handled through an unlawful detainer action, which is the legal process a landlord must follow to regain possession of the unit.

Here are the responsibilities of landlords according to Virginia rental laws:

• Provide a habitable dwelling unit for the tenant.
• To make requested repairs within 30 days.
• To ensure a sound dwelling unit structure.
• Provide working electricity and plumbing.
• Provide heating and air conditioning.
• Ensure proper ventilation.
• Provide running water.
• Provide proper notice when entering the unit.
• Provide proper written notice when increasing rent.
• In the event of an eviction, provide written notice and follow the legal procedure.

Virginia Residential Landlord-Tenant Act: Overview

Landlord’s Right to Enter the Home

Can landlords enter without permission in Virginia? Yes, landlords can enter the property without permission in emergencies that threaten the tenant's safety or well-being.

Otherwise, respecting a tenant's privacy is essential when collecting rent and managing a rental, and tenants can require reasonable notice before a landlord may gain lawful direct access for non-emergency entry. Virginia landlord-tenant law requires landlords to provide tenants with at least 24 hours' notice before entering the premises, except in emergencies.

With proper notice, landlords may enter to perform repairs or conduct inspections, including routine maintenance visits not requested by the tenant, and in a single dwelling unit this generally means a home with access to a street or thoroughfare that does not share essential services or facilities with other units.

The Condition of the Property

Landlords in Virginia have a responsibility to ensure that their tenant lives in a habitable home under the residential landlord and tenant act, including a single-family residence and other covered dwelling types. But what tasks fall under this responsibility?

While landlords must keep the property habitable, tenants are responsible for damages caused by themselves or guests.

Here are just some of the essential services and essential facility obligations landlords must maintain under Virginia landlord-tenant law to ensure that their space is habitable and safe to occupy:

• Working electricity.
• Running water that is both hot and cold, with working hot water equipment.
• Adequate ventilation in the home.
• Functioning heating system.
• Working air conditioning unit.
• Functioning plumbing system that is up to code.

Virginia Housing Laws on Discrimination

Under the Fair Housing Act, it is prohibited under federal law and Virginia housing rules to discriminate against tenants based on race, color, religion, sex, national origin, disability, or familial status. The Virginia Fair Housing Board also adds protection for age, as it is prohibited to evict a tenant due to their age if they are over 55 years old.

This law governs the legal process for lease and rental agreements, marketing and advertisements, tenant screening, rent pricing, security deposits, and all other landlord-tenant communications throughout a tenancy. Fair housing enforcement and housing policy also connect to the Virginia department of Housing and Community Development and broader community development efforts.

Virginia Security Deposit Laws

According to Virginia residental landlord-tenant laws, landlords may only charge up to two months' rent as a security deposit. After the lease agreement ends and the tenant has moved out of the unit, the landlord has 30 days to return the tenant's security deposit or the remaining balance, or provide a written itemization of any lawful deductions.

Tenants can make tenant requests for a move-in inspection report, and landlords must provide a written report of move-in damages within five days.

If the landlord wrongfully withholds the tenant's deposit at the end of the lease or rental agreement, they may face tangible legal consequences such as fees or fines, and disputed security deposit payments may be placed in an escrow account during court proceedings.

A landlord may deduct funds from security deposits to cover missed rent, damages beyond normal wear and tear, unpaid bills, and other lawful charges, including unpaid utility costs and administrative costs for a new written lease agreement.

Required Disclosures from the Landlord

There are many disclosures that a landlord in Virginia is required to provide to tenants landlord prior to occupancy and move-in. According to the Virginia Residential Landlord-Tenant Act, disclosure requirements under the Act require landlords to provide certain notices before occupancy, including disclosures on the following. Not only are these disclosures legally required, but being transparent and truthful with tenants also helps build trust and fosters a positive landlord-tenant relationship.

• Lead-based paint: If the unit was built prior to 1978, then the landlord must disclose information regarding lead concentrations.
• Move-in checklist: Tenants must be provided with a move-in checklist detailing the condition of the unit, and landlords must provide a written report of move-in damages within five days.
• Authorized agents: Tenants must be provided with the names and addresses of anyone involved with the management or ownership of the unit, including the property owner or management contact by name and address.
• Location adjacent to military institutions: Landlords must inform their tenants if the rental home is near a military institution as it may be in a “noise zone” or an “accident potential zone”.
• Defective drywall: Tenants must be informed if the drywall in the home is defective.
• Methamphetamine manufacturing: Landlords in Virginia must disclose to their tenants if they have any knowledge of the property being used in the past to manufacture methamphetamines.
• Mold: Any mold on the unit must be disclosed to tenants prior to moving in. If mold is present, tenants may also need disclosure of any alternative method proposed for remediation or response.
• Shared utilities: Landlords must inform tenants how to pay utilities that are to be split between multiple tenants or units, which can matter when a unit is a condominium unit or other dwelling unit sharing services.
• Demolition or displacement: If there is a multifamily home where the tenants will be displaced within six months due to demolition, rehabilitation, or conversion of the unit, then the landlord must disclose this, including in multifamily dwelling units or a multifamily residential structure.

Some disclosure or compliance exemptions may differ for landlords with fewer rental dwelling units, where applicable under current law. These rules can also be updated by a House Bill, so they should be checked against current law.

Virginia Tenant’s Right to Withhold Rent

A Virginia tenant does not automatically have the right to withhold rent payments agreed upon in the lease if the landlord fails to provide repairs after they have been requested, and they generally cannot simply stop paying without court approval because the court may require rent to be paid into an escrow account while the case is pending.

If a landlord does not comply with the repair request, the tenant may file a Tenant's Assertion with the District Court. The court will then decide whether or not the tenant will be able to withhold rent payments from their landlord. If a landlord refuses to make necessary repairs, the tenant can petition the court rather than use self-help remedies.

In some cases, the court may also impose deadlines or conditions for the landlord to make the necessary repairs, and landlords also may not cut off an essential service or otherwise force a tenant out without court process, since Virginia law does not allow self-help eviction methods.

Tenants may also be allowed to break their lease early if you fail to perform your duties as a landlord, though this too generally requires approval through the court process, and early termination may also arise under federal law through the service members civil relief act for qualifying service members.

Small Claims Lawsuits

Disputes between landlords and tenants can be fairly common. In Virginia, the small claims court will hear cases valued at $5,000 or less. A dispute may happen when a lease is broken, a tenancy is terminated early, or the parties disagree over whether the rental agreement included an automatic renewal clause.

In such situations, the landlord may require the tenant to cover the cost of cleaning, repairs, redecorating, rental advertising, reasonable attorney fees, and any unpaid rent until a new tenant moves in or the lease term expires.

If the matter cannot be resolved, the eviction process generally starts with notice of the lease violation and, when required by law, time to cure before further action. The timing of available remedies can also depend on the length of the lease and whether the tenant remains in possession during that term.

If a tenant fails to comply, the landlord may need to pursue an unlawful detainer action in court to regain possession of the property and seek the payment of rent owed. These cases are typically filed in the general district court. After a judgment for possession, there is a mandatory 10-day waiting period before the writ can move forward.

The sheriff, not the landlord, carries out the eviction and must give at least 72 hours' written notice before execution, as Virginia does not allow self-help eviction methods. Tenants can contest the eviction in court within 15 days, and landlords may recover court costs where authorized.

At this stage, working with an attorney is strongly recommended, as an attorney can navigate the filing process, represent the landlord in court, and ensure that the landlord's rights are fully protected.

Since Virginia eviction and collection procedures can be complex, consulting with an experienced attorney before going to court is often the best step to secure a favorable outcome.

Get Help from a Property Management Company

The experts at Vesta Property Managementcan help you navigate issues with tenants and understanding Virginia law surrounding rental properties. Our expert team is here to offer guidance on all your rental management needs from lease agreements and tenant screening to property marketing and maintenance. Contact us today!

Disclaimer: This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.