Ocity Logo ocity
Legal Rights Handbook

Virginia Renter Rights & Landlord Laws 2025

Everything tenants and landlords need to know about Virginia housing laws. Eviction rules, deposits, and rights.

Updated January 15, 2026
5 min read

Renter Rights & Landlord Laws Guide 2025: Virginia

Target Audience: Renters & Landlords
Jurisdiction: Commonwealth of Virginia
Effective Year: 2025

1. Overview: Is Virginia Tenant-Friendly or Landlord-Friendly?

Verdict: Moderate (Leans Landlord-Friendly)

Virginia is generally considered a "moderate" state regarding housing laws. While it leans landlord-friendly due to efficient eviction processes and lack of rent control, it provides specific statutory protections for tenants regarding security deposits and privacy.

  • For Landlords: Virginia offers a predictable legal framework. The courts (General District Courts) are generally efficient at processing Unlawful Detainer (eviction) cases compared to other states, allowing for faster resolution of non-payment issues.
  • For Renters: The state enforces strict rules on security deposit handling and limits landlord entry. However, the lack of rent control and the relatively short cure periods for lease violations favor the property owner.

2. Security Deposits: Limits and Return Warnings

This is a critical area where Virginia law strictly protects the tenant, posing a compliance risk for landlords.

Limits

  • Maximum Amount: No specific statutory limit is set for standard residential leases (unlike some states that cap at 1-2 months' rent). However, for monthly tenants, the deposit generally cannot exceed one month's rent. For fixed-term leases, the amount is negotiable but must be "reasonable."
  • Special Note for Mobile Homes: If renting a lot for a mobile home, the deposit is capped at one month's rent.

Return Requirements

  • Deadline: Landlords must return the deposit, less any lawful deductions, within 45 days after the termination of the lease and surrender of the premises by the tenant.
  • Itemized Statement: If any portion of the deposit is withheld, the landlord must provide the tenant with an itemized list of deductions and the cost of repairs/cleaning. Failure to do so within 45 days results in the landlord forfeiting the right to withhold any portion of the deposit.

Penalties for Landlords

If a landlord wrongfully withholds a deposit, the tenant may be entitled to recover the entire deposit plus statutory damages (up to the amount of the deposit) and attorney fees.

3. Eviction Rules: The Process

Virginia maintains a streamlined eviction process, making it landlord-friendly regarding non-payment of rent.

The 5-Day Notice (Non-Payment)

  • The Rule: For non-payment of rent, a landlord must provide a written "Five-Day Notice to Pay or Quit."
  • Meaning: The tenant has five calendar days (including weekends and holidays) to pay the full rent owed or vacate the premises.
  • No Grace Period: Virginia law does not require a grace period for rent payment (unless specified in the lease). Rent is due on the date specified in the lease.
  • Filing Suit: If the tenant neither pays nor moves out by the end of the 5 days, the landlord may file an Unlawful Detainer action in the General District Court.

Lease Violations (Non-Monetary)

For curable lease violations (e.g., unauthorized pets, property damage), landlords must provide a 30-Day Notice to Cure or Quit. If the tenant fails to correct the violation within 30 days, the lease terminates.

Self-Help Evictions

Warning for Landlords: It is illegal to remove a tenant or their belongings without a court order. You cannot change the locks, shut off utilities, or remove doors to force a tenant out. Doing so can result in the landlord owing the tenant treble (triple) damages and attorney fees.

4. Landlord Entry: Notice Required?

Virginia law balances the landlord's right to access the property with the tenant's right to privacy.

The Standard

  • Notice Required: Yes. Landlords must provide "reasonable notice" before entering a rental unit.
  • Timeframe: While the statute does not explicitly define "reasonable," standard legal practice and court interpretations in Virginia generally uphold 24 hours as the standard notice period.
  • Consent: Consent is usually required unless it is an emergency.

Permitted Entry Times

Entry is typically permitted between 8:00 AM and 5:00 PM on business days, unless otherwise agreed upon.

Emergencies

No notice is required in cases of immediate danger to life or property (e.g., fire, flood, gas leak).

5. Rent Control: Does It Exist?

Verdict: Prohibited.

Virginia state law preempts local governments from enacting rent control or rent stabilization ordinances.

  • Major Cities: There is no rent control in Richmond, Virginia Beach, Arlington, or Alexandria.
  • Rent Increases: Landlords may increase rent at the end of a lease term or with proper notice (typically 30 days for month-to-month tenancies) without a cap on the percentage increase, provided it is not done for discriminatory or retaliatory reasons.

6. Special Warning for Landlords

Context: Virginia’s Moderate/Landlord-Leaning Score

While Virginia is generally landlord-friendly, strict procedural compliance is required to maintain this advantage.

  • Warning #1: The "Pay or Quit" Trap.
    Do not skip the 5-day notice. Even if a tenant is 60 days late, filing an eviction lawsuit without serving the proper written 5-day notice first will result in an automatic dismissal of your case by the court. You must start over, losing time and money.
  • Warning #2: The 45-Day Deposit Clock.
    The 45-day return deadline is strictly enforced. If you are disorganized and miss this deadline, you risk losing the deposit entirely and owing the tenant extra damages. Keep meticulous records of repair costs and send the itemized list via certified mail immediately upon the tenant vacating.
  • Warning #3: Retaliatory Eviction.
    Do not increase rent or threaten eviction immediately after a tenant complains to a government code enforcement officer about housing violations. Virginia courts view this as retaliation, and the case will likely be dismissed.

7. Special Warning for Tenants

Context: Know Your Rights

You have protections, but you must act quickly and document everything.

  • Warning #1: The 5-Day Window is Real.
    If you fall behind on rent, the eviction process moves fast. You have exactly 5 days to pay or move out after receiving the notice. If you stay past day 5, a lawsuit is filed, and an eviction judgment can appear on your record quickly. If you need more time, communicate with your landlord in writing immediately.
  • Warning #2: Never Withhold Rent for Repairs.
    Virginia does not explicitly authorize tenants to withhold rent for habitability issues (like a broken heater or leaky roof) without risking eviction. While you can sue the landlord for "breach of quiet enjoyment" or repair costs, withholding rent is legally risky. Instead, send a written repair request via certified mail and consider contacting local housing authorities.
  • Warning #3: Document the Move-In/Move-Out.
    Because the burden is on the landlord to prove damages, you should protect yourself. Take high-resolution photos and videos of the unit condition on move-in day and move-out day. Keep a copy of the move-in inspection report signed by both parties. This is your best defense against security deposit theft.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Landlord-tenant laws can change due to new legislation or court rulings. Both parties should consult with a qualified attorney or the Virginia Department of Housing and Community Development (DHCD) for specific legal concerns.