Virginia Landlord and Tenant Act: the complete guide for 2026

Last updated 2026-07-24

What does the Virginia Landlord and Tenant Act actually cover?

The Virginia Residential Landlord and Tenant Act sits in Title 55.1, Chapter 12 of the Code of Virginia (§ 55.1-1200 through § 55.1-1262) ^[1]. It covers residential rentals: apartments, houses, mobile home lots, but not hotels, hospitals, or most student housing owned by schools ^[1]. The Act sets mandatory rules for security deposits, lease terms, habitability standards, notice requirements, and eviction procedures. You can't waive most of these protections in your lease. Any clause that tries to waive a tenant's statutory rights is void ^[1]. It applies unless you own four or fewer single-family homes, you're a natural person (not an LLC), you live in Virginia, and you haven't used a real estate agent to rent the property ^[1]. That exemption is narrow. Most landlords with multiple units or any landlord using an LLC fall under the Act. The Act also doesn't cover public housing, certain farm employee housing, or transient occupancy (less than 90 days in a hotel-like arrangement) ^[1]. If you're renting out a room in your own house where you share kitchen or bath, different rules may apply, but get that in writing from a Virginia attorney. Virginia law heavily favors written leases. Oral month-to-month agreements are legal but invite disputes. The Act requires certain disclosures in writing regardless of lease type, and you'll lose credibility in court without documentation.

How much can a landlord charge for a security deposit in Virginia?

Virginia caps security deposits at two months' rent, unless the tenant has a pet ^[2]. If the tenant has a pet, you can charge an additional pet deposit equal to the amount you'd normally pay as a monthly fee for the pet, but the total (regular deposit plus pet deposit) still can't exceed two months' rent plus that reasonable pet deposit ^[2]. You must return the deposit within 45 days after the tenant moves out ^[2]. You have to provide an itemized list of any deductions. If you don't return the deposit or the itemized statement within 45 days, the tenant can sue for the full deposit amount plus interest and attorney fees ^[2]. Normal wear and tear isn't deductible. Replacing a carpet at the end of its life or repainting walls that have faded: you can't charge the tenant. Cigarette burns in the carpet, holes in walls, broken appliances: those are damage, and you can deduct reasonable repair costs. You must hold the deposit in a federally insured account in Virginia ^[2]. You don't have to pay the tenant interest on the deposit unless your lease promises it. That's different from some other states. If you sell the property, you transfer the deposit to the new owner and notify the tenant in writing ^[2]. The new owner then owes the deposit back at move-out. If you're buying a rental, confirm the seller transfers all deposits and get tenant acknowledgment.

What are a landlord's habitability obligations under the Act?

Virginia's implied warranty of habitability is spelled out in § 55.1-1220 ^[3]. You must maintain the premises in compliance with all applicable building and housing codes that materially affect health and safety. If no local code exists, you still have to keep the unit in a fit and habitable condition ^[3]. Specifically, you have to provide:

• Working heat, hot and cold running water, and reasonable amounts of hot water at all times ^[3]
• Functioning electrical, plumbing, sanitary, and heating systems ^[3]
• Working smoke detectors and carbon monoxide alarms where required ^[3]
• Extermination services if the infestation isn't caused by tenant conduct ^[3]
• Locks that work, including rekeying between tenants in many Virginia localities ^[3] You also have to make repairs to keep the premises weathertight, maintain common areas, and ensure safe conditions ^[3]. If the tenant notifies you in writing of a habitability problem, you generally have a reasonable time to fix it. What's reasonable depends on the severity: no heat in January requires immediate response; a leaky faucet can wait a few days. Virginia doesn't set a specific repair deadline for most issues, but local codes often do (typically 24 hours for emergencies, 7-14 days for non-emergencies). If you don't make required repairs, the tenant can pursue several remedies: terminate the lease with 30 days' written notice, sue for damages, or withhold rent under specific statutory conditions (see below). The tenant can't just stop paying rent without following the statute's repair-and-deduct or rent-escrow process.

What notice does a landlord have to give to terminate a lease or raise rent?

For month-to-month leases, you must give at least 30 days' written notice to terminate or change terms (including raising rent) ^[1]. The notice period starts from the next rent due date, not the day you deliver notice. If rent is due on the 1st and you give notice on January 15, the 30 days starts February 1. For week-to-week leases, you need 7 days' written notice ^[1]. For fixed-term leases (one year, two years, etc.), the lease simply ends on the termination date. You don't have to give notice that the lease is ending unless your lease requires it. Many landlords give 60- or 90-day reminders as a courtesy, and some localities require notice before a non-renewal. If the tenant holds over after a fixed-term lease expires, Virginia law converts it to a month-to-month lease with the same terms unless you've already given proper notice that the tenancy is ending ^[1]. Many landlords don't realize this. If your one-year lease ends December 31 and the tenant stays into January without a new agreement, they're now month-to-month and you need 30 days' notice to terminate. You can't raise rent during a fixed-term lease unless the lease specifically allows it in writing. For month-to-month tenants, you can raise rent with 30 days' notice, but you can't raise it in retaliation (see below). If the tenant has a subsidized lease (Section 8, VHDA assistance), federal or state rules may require longer notice periods, often 60-90 days. Confirm with your housing authority before issuing notices to subsidized tenants.

How does the eviction process work in Virginia?

Virginia's eviction process (officially "unlawful detainer") is faster than most states, but you still have to follow every step exactly. For nonpayment of rent, you serve a 5-day Pay or Quit notice ^[4]. The tenant has 5 days to pay the full amount owed or move out. If they do neither, you can file an unlawful detainer lawsuit in the general district court on the 6th day. For lease violations other than nonpayment, you serve a 30-day notice to comply or vacate ^[4]. If the violation isn't cured in 30 days, you can file. For no cause (month-to-month tenancy), you serve a 30-day termination notice, then file after 30 days if the tenant hasn't moved ^[4]. Once you file the lawsuit, the court schedules a hearing typically within 21 days ^[4]. Both sides appear. If you win, the court issues a "Writ of Possession" giving the tenant 10 days to vacate ^[4]. If the tenant doesn't leave, the sheriff physically removes them and their belongings. You cannot self-help evict in Virginia. Changing locks, shutting off utilities, or removing the tenant's property without a court order is illegal and subjects you to significant statutory damages (the tenant can recover actual damages or up to $5,000, whichever is greater, plus attorney fees) ^[5]. Evictions show up on tenant screening reports and make it very hard for the tenant to rent again. Because of this, many tenants will move voluntarily during the notice period or negotiate a move-out date. A written "Agreement to Vacate" can save you the court filing fee and delay. If you use an LLC or corporation to own the property, Virginia requires you to hire an attorney to file the unlawful detainer. Natural persons can represent themselves. Factor legal fees ($500 to $1,500) into your eviction cost planning.

What rights do tenants have to make repairs or withhold rent?

If you don't maintain the property in a habitable condition, the tenant can't just stop paying rent. Virginia requires the tenant to follow a specific statutory process laid out in § 55.1-1244 ^[6]. First, the tenant must give you written notice of the defect and reasonable time to repair. If you don't repair within a reasonable time (or you refuse in writing), the tenant has four options ^[6]: 1. Terminate the lease: Give you 30 days' written notice and move out ^[6]. 2. Sue for damages: File a lawsuit for the diminished rental value and any other damages caused by the defect ^[6]. 3. Repair and deduct: After giving proper notice and waiting a reasonable time, pay for repairs themselves and deduct the cost from the next month's rent, up to one month's rent or $1,500, whichever is greater ^[6]. The tenant has to provide you with receipts. 4. Rent escrow: Pay rent into a court-held escrow account while you fix the problem ^[6]. The court decides later how to divide the escrowed rent based on the property's condition. The tenant can only use the repair-and-deduct or rent-escrow remedies for conditions that "materially affect health or safety" ^[6]. A leaky faucet that drips slowly: probably not. No heat in winter, raw sewage backing up, broken front door lock: yes. If the tenant withholds rent without following this process, you can evict for nonpayment. Many tenants don't know the formal steps, so if a tenant tells you they're withholding rent, you should immediately document the issue, state in writing whether you'll repair it (and when), and consult an attorney if the tenant proceeds to withhold. A smart approach when you receive a repair request: fix it promptly, document completion with photos and receipts, and send the tenant written confirmation. This avoids the entire dispute.

What lease terms are prohibited or unenforceable in Virginia?

Virginia law voids several common lease clauses that landlords sometimes try to include ^[1]: - Waiver of habitability rights: Any clause saying the tenant accepts the property "as-is" or waives the right to habitable conditions is void ^[1].

• Waiver of notice requirements: You can't make the tenant agree to shorter notice periods than the statute allows ^[1].
• Confessions of judgment: Clauses allowing you to obtain a judgment against the tenant without a hearing are void ^[1].
• Waiver of legal proceedings: You can't require the tenant to waive their right to a court hearing or jury trial ^[1].
• Exculpatory clauses: Attempting to make the tenant waive their right to sue for your negligence is unenforceable ^[1].
• Tenant pays your attorney fees but you don't pay theirs: If your lease says the tenant pays your legal fees in a dispute, Virginia law automatically makes that reciprocal: the prevailing party (tenant or landlord) recovers fees ^[1]. You can't make it one-sided. You also can't charge late fees unless your lease specifies the amount and the fee is reasonable ^[7]. Virginia courts have upheld late fees of 10% of monthly rent or $10, whichever is greater, but anything significantly higher might be challenged as an unenforceable penalty. You can require renters insurance, and most landlords should. It protects the tenant's belongings (which you're not liable for) and provides liability coverage if the tenant causes damage. Your lease can say "tenant must maintain renters insurance with at least $100,000 liability coverage" and make proof of coverage a condition of lease renewal. You can't require the tenant to name you as a loss-payee on the policy for their personal property, but you can (and should) require liability coverage that protects you if a tenant's guest is injured in the unit. Virginia allows you to include an early termination fee in a lease, but it must be reasonable and specified in writing. Two months' rent as a breakage fee is common and generally enforceable. Six months' rent would likely be struck down as a penalty.

What is prohibited retaliation under Virginia law?

Virginia's anti-retaliation statute (§ 55.1-1243) protects tenants who exercise their legal rights ^[5]. You cannot retaliate against a tenant for: - Complaining to you or a government agency about habitability or code violations ^[5]

• Filing a lawsuit or other legal action against you ^[5]
• Organizing or joining a tenant union ^[5]
• Testifying in court against you ^[5] Retaliation includes evicting the tenant, raising rent, decreasing services, threatening eviction, or any other action that would deter a reasonable tenant from exercising their rights ^[5]. If you take adverse action (eviction, rent increase, etc.) within 6 months after the tenant exercises a protected right, Virginia law presumes it's retaliation ^[5]. You can overcome that presumption by proving a legitimate non-retaliatory reason (market rent increase across all units, repeated lease violations unrelated to the complaint, etc.), but the burden is on you. If a court finds you retaliated, the tenant can recover actual damages, the court can order you to stop the retaliatory action (like reversing an eviction), and the tenant gets attorney fees ^[5]. Practical advice: if a tenant complains about a code violation or repair issue, fix it quickly and document it. Don't discuss eviction or rent increases for at least six months unless you have overwhelming documentation of a separate legitimate cause (like three NSF checks, police calls, or documented lease violations with written warnings). Even then, talk to an attorney first.

What are a tenant's rights when there's no written lease?

If you rent to someone without a written lease, Virginia law still applies. The tenant has all the same rights under the Virginia Residential Landlord and Tenant Act: habitability protections, security deposit limits, eviction procedure requirements, and anti-retaliation protections ^[1]. An oral agreement is legally a lease. If the tenant pays monthly, it's a month-to-month lease. The terms are whatever you both agreed to, but proving what you agreed to gets hard. Rent amount, due date, utilities, pet policy: any dispute becomes he-said-she-said. Without a written lease, either party can terminate with 30 days' notice (for month-to-month) ^[1]. You don't need cause. The tenant doesn't need cause. It's maximum flexibility, which benefits both sides when things are going well and creates maximum uncertainty when they're not. The bigger problem for you: without a written lease, you probably didn't include rules about late fees, maintenance responsibilities, guest limits, subletting, or property use. You can't enforce rules you never wrote down. Virginia courts won't imply terms that favor landlords. If it's not in writing, you likely can't enforce it. Even worse: if a dispute goes to court and there's no written lease, many general district judges assume you're an unsophisticated landlord who doesn't know the law. You lose credibility. Bottom line: always use a written lease. Virginia provides a standard form many attorneys use, or you can download templates from the Virginia Apartment Management Association, but have an attorney review it before you use it. A lease is a one-time $200 to $500 legal expense that saves you thousands in disputes.

What inspections can a landlord conduct and when?

Virginia law allows you to enter the rental unit for inspections, repairs, and showings, but only with reasonable notice except in emergencies ^[1]. "Reasonable notice" typically means 24 hours, though the statute doesn't specify a number. Your lease can define it ("Landlord may enter with 24 hours' written notice"), and that's enforceable as long as it's reasonable. You can enter without notice in emergencies: fire, flood, gas leak, burst pipe, or other immediate threats to property or safety ^[1]. You can conduct move-in and move-out inspections. The move-in inspection protects you because it documents pre-existing damage. Take photos of every room, every wall, every appliance. Use a written checklist and have the tenant sign it. Many landlords skip this, then can't prove the tenant caused damage at move-out. The move-out inspection determines security deposit deductions. Virginia law doesn't require the tenant to be present, but it's smart to offer the option. Conduct the inspection within a day or two of move-out, photograph everything, and compare to the move-in report. You can also conduct periodic inspections during the tenancy (twice a year is common) to check for maintenance issues, lease violations, or safety hazards. Give proper notice. Document findings in writing and photos. If you find a problem (unauthorized pet, unreported water damage, hoarding), send a written notice giving the tenant a chance to cure before you escalate to eviction. What you can't do during an inspection: you can't search the tenant's personal belongings (drawers, closets, boxes) without consent. You can look at visible conditions: walls, floors, appliances, windows. If the tenant has a meth lab in the bedroom closet and you open the closet during a routine inspection, that's probably admissible evidence. If you rifle through their dresser drawers, it's not. Some landlords use Rental Permit Path's inspection prep packets to organize move-in and periodic inspections. The checklist format ensures you don't miss anything and the timestamped photos create a defensible record if disputes arise later. Understanding your tenant rights can help you frame inspections appropriately, and knowing your obligations as a landlord ensures you stay compliant during the entire inspection process.

How does Virginia define 'landlord' and 'tenant' roles?

A landlord is the property owner or property manager who rents residential premises to another person under a rental agreement ^[1]. If you own the property and rent it out, you're the landlord. If you're a property manager acting as the owner's agent, you're also treated as the landlord for purposes of the Act and you have the same obligations ^[1]. A tenant is anyone who rents residential property under a rental agreement ^[1]. The Act uses "tenant" and "renter" interchangeably. If multiple people are on the lease, they're all jointly and severally liable. That means you can pursue any one of them for the full rent, and that tenant has to chase the others for their share. It also means you have to return the full security deposit to them jointly unless they instruct you otherwise in writing. Subtenants (someone renting from your tenant) have limited protections under Virginia law. If your lease prohibits subletting and your tenant sublets anyway, you can evict the tenant and the subtenant has to leave. The subtenant's only recourse is against your tenant, not you. If your lease allows subletting, the subtenant gains most of the Act's protections (habitability, eviction process, etc.), but you still deal primarily with your original tenant. Co-signers (guarantors) are not tenants. They don't have possession rights, but they're financially liable for rent and damages if the tenant defaults. Your lease should clearly distinguish tenants (who live in the unit) from guarantors (who don't). Becoming a landlord in Virginia doesn't require a license unless your locality mandates rental registration (many Virginia cities and counties do; confirm with your local government). You do need a business license in most Virginia localities if you own multiple rental units or operate as a business entity. That's a local tax issue, separate from the Landlord and Tenant Act.

What landlord actions are outright prohibited in Virginia?

Virginia law bans several landlord practices that are legal or at least gray-area in some other states. Self-help eviction: You cannot lock out the tenant, shut off utilities, remove the tenant's belongings, or otherwise force the tenant out without a court order ^[5]. The penalty is steep: the tenant can recover the greater of actual damages or $5,000, plus attorney fees ^[5]. It doesn't matter if the tenant hasn't paid rent in three months. Follow the legal eviction process. Retaliatory action: As discussed above, you can't punish a tenant for exercising legal rights ^[5]. That includes eviction, rent increases, decreasing services, or harassment within six months of a protected activity. Discrimination: Federal and Virginia fair housing laws prohibit discrimination based on race, color, religion, national origin, sex, familial status (children), disability, elderliness, sexual orientation, gender identity, and source of income (Section 8 vouchers in some VA localities) ^[8]. Virginia's Fair Housing Law mirrors the federal Fair Housing Act but adds source of income protection in certain jurisdictions ^[8]. You can't refuse to rent, set different terms, or advertise in a way that suggests preference or discrimination. Seizing tenant property: You can't take the tenant's belongings to satisfy unpaid rent ("distress for rent" is the old term). If the tenant leaves belongings after move-out, you must store them and follow Virginia's abandoned property statute (§ 55.1-1249), which requires notice and at least 24 hours for the tenant to retrieve items ^[9]. You can charge reasonable storage fees, but you can't just throw everything out or keep it. Waiving tenant rights: Your lease can't make the tenant waive rights given by the Act, as discussed earlier ^[1]. Virginia is not a rent-control state. You can charge market rent and raise it (with proper notice) as much as you want, except in retaliation cases.

Does Virginia require landlord licensing or rental registration?

Virginia has no statewide landlord licensing requirement. The state leaves that decision to local governments. Many Virginia cities and counties do require rental registration, inspection, or licensing: - Richmond: Requires a rental inspection and registration certificate for all rental units. Inspections occur every three years. Fees vary by unit count (roughly $60 to $120 per unit as of 2025; confirm current fees with the city).

• Norfolk: Mandatory rental inspection program for residential rental property. Registration and inspection fees apply.
• Fairfax County: Requires rental licenses for properties in certain older residential areas and for multifamily properties.
• Alexandria: Rental registration and inspection required; properties inspected every 1-3 years depending on past compliance.
• Virginia Beach: Rental inspection program for certain districts and complaint-driven inspections in others. Each locality sets its own fees, inspection frequency, and requirements. Some inspect every unit before each new tenant moves in. Others inspect once every three years. Some require smoke detector affidavits or lead paint disclosures filed with the city. Many impose late fees or penalties for operating without a valid license. If you're in a mandatory licensing city, get compliant immediately. Operating without a license can result in fines, inability to evict tenants (courts sometimes refuse to hear unlawful detainer cases if you're not licensed), and in some cities, criminal misdemeanor charges. If you're preparing for an inspection, gather documentation of all repairs, code compliance work, smoke and CO detector certificates, and hot water heater service records. Inspectors check for working smoke/CO alarms, GFCI outlets in kitchens and baths, handrail stability, proper egress, and general code compliance. Many landlords use RentalPermitPath's licensing prep packets to ensure they have the right documentation ready before the inspector arrives. The one-time cost is typically under $100, far less than a failed inspection and re-inspection fee. Virginia also requires a business license (also called a "BPOL", Business, Professional, and Occupational License) in many localities if you own rental property as a business. Check with your city or county treasurer. The license fee is usually based on gross rental receipts, often $0.20 to $0.50 per $100 of revenue.

Frequently asked questions

How do I become a landlord in Virginia?

You become a landlord by owning residential property and renting it to a tenant under a lease. Virginia requires no state license, but many cities require rental registration, inspection, and business licenses. Purchase the property, ensure it meets building codes, get any required local permits, draft a compliant lease (or hire an attorney to draft one), screen tenants, collect a security deposit (max two months' rent), and execute a written lease agreement.

Who is responsible for rental property walk-through inspection in California?

This is a Virginia article, but California law requires landlords to offer a pre-move-out walk-through inspection if the tenant requests it. The landlord conducts the inspection and provides the tenant a written list of deficiencies the tenant can fix to avoid deposit deductions. In Virginia, no such walk-through is required, but landlords can offer it and many do to reduce disputes over deposits.

What is landlording?

Landlording is the practice of owning and managing rental property: finding and screening tenants, collecting rent, maintaining the property, handling repairs, enforcing lease terms, and complying with local and state landlord-tenant laws. It's a business that involves legal compliance, customer service, property maintenance, and financial management. Many landlords start with one property and scale to multiple units over time.

What is a landlord?

A landlord is the property owner or the owner's agent who rents residential premises to a tenant. In Virginia, the landlord has statutory duties to maintain habitable conditions, return security deposits timely, follow eviction procedures, and refrain from retaliation. The landlord also has rights to collect rent, enforce lease terms, enter for inspections with notice, and pursue eviction for nonpayment or lease violations through the courts.

What rights do tenants have without a lease in Virginia?

Tenants without a written lease have the same rights under the Virginia Residential Landlord and Tenant Act: habitable housing, security deposit protections (max two months' rent, return within 45 days), proper eviction procedures (5-day notice for nonpayment, 30-day notice for no cause), and anti-retaliation protections. The tenancy is month-to-month by default if rent is paid monthly. Either party can terminate with 30 days' notice. Without a written lease, proving agreed terms is harder but legal rights remain.

How do I be a landlord in Virginia?

Own or control residential rental property, comply with the Virginia Residential Landlord and Tenant Act, register and license your property if your city requires it, use a written lease, maintain the property in habitable condition, follow proper notice and eviction procedures, keep detailed records of rent payments and repairs, and get landlord liability insurance. Consider hiring a property manager or attorney if you're unsure about compliance. Many landlords join local landlord associations for forms, training, and legal updates.

Why do landlords require renters insurance?

Landlords require renters insurance to protect tenants' belongings (the landlord is not liable for tenant property damage) and to provide liability coverage if the tenant causes injury or damage. If a tenant's guest slips in the unit or the tenant starts a fire that damages neighboring units, renters insurance pays those claims instead of the landlord's policy. It's inexpensive ($15 to $30/month for typical coverage) and significantly reduces the landlord's risk exposure.

How much notice does a landlord have to give in Virginia?

For month-to-month leases, 30 days' written notice to terminate or change terms. For week-to-week, 7 days. For nonpayment eviction, 5 days' Pay or Quit notice. For lease violations, 30 days to cure or vacate. For ending a fixed-term lease, no notice is required (the lease simply expires), but many landlords give courtesy notice 60-90 days before expiration. The notice period starts from the next rent due date, not the day notice is given.

What can a landlord look at during an inspection in Virginia?

A landlord can inspect visible conditions: walls, floors, ceilings, appliances, windows, plumbing fixtures, HVAC systems, smoke/CO detectors, and common areas. You can verify lease compliance (no unauthorized pets, occupants, or alterations). You cannot search the tenant's closed personal belongings (drawers, boxes, safes) without consent. You can look in closets and cabinets to check for property damage or maintenance issues. Always give 24 hours' notice except in emergencies.

What a landlord cannot do in Ohio?

This is a Virginia article. In Virginia, landlords cannot self-help evict (lock out, shut off utilities, remove belongings), retaliate against tenants who exercise legal rights, discriminate based on protected classes, waive tenant statutory rights in the lease, charge security deposits over two months' rent, fail to return deposits within 45 days, or seize tenant property without a court order. Each state has different rules; Ohio's landlord-tenant law differs from Virginia's in many specifics.

Can a landlord enter without notice in Virginia?

Only in emergencies: fire, flood, gas leak, burst pipe, or other immediate threats to health or property. For all other entries (routine inspections, repairs, showings to prospective tenants), the landlord must give reasonable notice, typically 24 hours. Your lease should specify the notice period. Entering without proper notice (except emergencies) can be considered a breach of the tenant's quiet enjoyment right and may give the tenant grounds to terminate the lease or sue for damages.

What happens if a landlord doesn't return a security deposit within 45 days in Virginia?

The tenant can sue for the full deposit amount plus any accrued interest. If the court finds the landlord willfully withheld the deposit without cause, the tenant can also recover reasonable attorney fees. Virginia law is strict: you must either return the full deposit or provide an itemized written statement of deductions within 45 days. Missing the deadline forfeits your right to make deductions in many courts, even if the deductions were legitimate.

Does Virginia require a written lease?

No, but it's strongly recommended. Oral leases are legal and create enforceable month-to-month tenancies. However, certain disclosures (mold, lead paint if built before 1978) must be in writing under federal or state law, and proving lease terms without a written agreement is very difficult. Virginia courts favor written documentation. A written lease protects both parties, clarifies expectations, and makes enforcement much easier if disputes arise.

Can I charge a non-refundable deposit in Virginia?

Virginia law refers to "security deposits" and requires they be returned (minus legitimate deductions) within 45 days. Calling a fee "non-refundable" doesn't automatically make it legal. Courts often recharacterize "non-refundable deposits" as security deposits subject to the statute. You can charge a separate non-refundable fee (like a one-time lease preparation fee or pet fee), but it must be clearly labeled, reasonable, and not disguised as a security deposit. Most attorneys recommend against non-refundable deposits in Virginia to avoid litigation risk.

Sources

1. Virginia Law, Code of Virginia § 55.1-1200 through § 55.1-1262: The Virginia Residential Landlord and Tenant Act coverage, applicability, exemptions, notice requirements, and prohibited lease clauses
2. Virginia Law, Code of Virginia § 55.1-1226: Security deposit limits (two months' rent), pet deposit rules, 45-day return requirement, and itemized deduction statement requirement
3. Virginia Law, Code of Virginia § 55.1-1220: Landlord's implied warranty of habitability, specific maintenance obligations, and requirement to comply with building codes
4. Virginia Law, Code of Virginia § 55.1-1245 and § 55.1-1253: Eviction notice periods: 5-day Pay or Quit for nonpayment, 30-day for lease violations and no-cause terminations
5. Virginia Law, Code of Virginia § 55.1-1243: Prohibition on self-help eviction and statutory damages ($5,000 or actual damages, whichever is greater, plus attorney fees)
6. Virginia Law, Code of Virginia § 55.1-1244: Tenant remedies for landlord's failure to maintain habitable conditions: termination, damages, repair and deduct, and rent escrow
7. Virginia Law, Code of Virginia § 55.1-1204: Late fee requirements: must be specified in lease and must be reasonable
8. Virginia Fair Housing Law, Code of Virginia § 36-96.1 et seq.: Virginia Fair Housing Law protections and prohibited discrimination bases including source of income in some jurisdictions
9. Virginia Law, Code of Virginia § 55.1-1249: Abandoned property procedures: notice required and minimum 24-hour retrieval period