Virginia landlord tenant act: what every small landlord must know

Last updated 2026-07-23

What is the Virginia Landlord Tenant Act and does it apply to my rental?

The Virginia Residential Landlord and Tenant Act, usually shortened to VRLTA, is the state law that governs most residential rentals in Virginia. It lives at Va. Code § 55.1-1200 and following, in Title 55.1, after the General Assembly moved landlord-tenant law out of old Title 55 in a 2019 recodification ^[1]. If you rent out a house, condo, apartment, or duplex unit to someone who lives there, this is the law that controls security deposits, notices, repairs, and what happens when things go wrong. Most small landlords assume they're too small to be covered. That's usually wrong. The VRLTA applies broadly, and the exemptions are narrow: occupancy under a contract of sale, certain owner-occupied buildings with a small number of units where the owner lives on site, hotel and motel stays, farm employee housing, and a few other specific carve-outs listed in § 55.1-1201 ^[1]. If your rental doesn't fit one of those narrow boxes, assume the full act applies, including a 1-unit rental you inherited from a relative or a condo you rent out part-time. One thing the VRLTA does not do: it doesn't require a city license or registration. That's a separate layer, set by individual localities, which we'll get into further down. State law and city ordinance are two different rulebooks that both apply at once.

What is landlording, and what exactly is a landlord under Virginia law?

Landlording just means operating rental housing as an ongoing responsibility, not a one-time transaction. It covers collecting rent, keeping the unit habitable, handling tenant turnover, following notice rules, and staying current on whatever your city requires for registration or inspection. People who own one rental house are landlords in the same legal sense as someone who owns fifty units. The obligations don't scale down because the portfolio is small. Under the VRLTA, a landlord is generally defined as the owner, lessor, or sublessor of the dwelling unit, or that person's authorized agent ^[1]. That last part matters. If you hire a property manager, you're still the landlord of record for most legal purposes, and violations by your manager can still land on you. Hiring someone to answer maintenance calls doesn't transfer your legal duties, it just adds a middleman. A lot of new landlords picture the job as mostly collecting a check. In practice it's closer to running a small utility: you're on the hook for heat, hot water, working locks, safe wiring, and a habitable structure, whether you enjoy that part of the job or not. If that sounds like more responsibility than you expected, it is. Read up on tenant rights before you sign your first lease, not after your first complaint call.

How do you become a landlord in Virginia?

There's no state landlord license in Virginia. Becoming a landlord is mostly a matter of getting your property, paperwork, and money in order, then checking what your specific city or county requires on top of that. The practical steps look like this: confirm the property meets basic habitability standards under § 55.1-1220, which covers plumbing, heat, hot water, structural safety, and pest-free conditions ^[1]. Get landlord insurance, usually a dwelling fire policy (commonly called a DP-3), separate from a standard homeowner's policy, since most homeowner policies exclude rented property. Put your lease terms in writing, even for a simple month-to-month arrangement, because a written lease protects you as much as it protects the tenant. Then check whether your locality has adopted a rental inspection district or a local rental registration ordinance. Some Virginia cities and counties use the authority in Va. Code § 36-105.1:1 to designate rental inspection districts in areas with high turnover or maintenance complaints, and inspect units there for code compliance ^[2]. That local layer is where most first-time landlords get tripped up, because it varies enormously. One city might require an annual rental registration and a $25 fee. The next city over might require a full interior inspection before you can lease at all. There's no shortcut around this: confirm with your city rental licensing office directly, since Virginia doesn't have one statewide answer. If you're setting up your first rental and don't want to hunt through five different municipal pages to figure out what's required, the $79 one-time City Rental License & Inspection Prep Packet at /rental-packet-builder walks through what most city programs ask for so you're not guessing at deadlines.

What rights do tenants have without a written lease in Virginia?

A tenant without a written lease in Virginia still has essentially all the protections of the VRLTA. There's a common myth that an oral or handshake rental arrangement means fewer rules apply. It doesn't work that way. An oral agreement, or a month-to-month arrangement with no fixed term, defaults to a month-to-month periodic tenancy under Virginia law ^[1]. That tenant still gets: a habitable unit under § 55.1-1220 ^[1], deposit protections and a 45-day accounting if a deposit changed hands ^[1], 24-hour notice before the landlord enters for non-emergency reasons ^[1], a 5-day written notice before any nonpayment eviction filing ^[1], and 30 days' written notice before either side ends the tenancy ^[1]. Retaliation for complaining to code enforcement is also off the table within 12 months of that complaint, lease or no lease ^[1]. The absence of a lease mostly hurts the landlord, honestly. Without written terms, you lose the ability to enforce specific house rules, pet restrictions, or fixed-term commitments, and any dispute over what was agreed to becomes a swearing match. If you're renting to family or a friend on a handshake deal, put it in writing anyway. It costs you an hour and saves you a much worse conversation later.

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

Nonpayment of rent (before filing eviction)	5 days written notice	Va. Code § 55.1-1245 [1]
Ending a month-to-month tenancy (either party)	30 days written notice	Va. Code § 55.1-1253 [1]
Ending a week-to-week tenancy	7 days written notice	Va. Code § 55.1-1253 [1]
Landlord entering the unit (non-emergency)	At least 24 hours	Va. Code § 55.1-1229 [1]
Emergency entry	No notice required	Va. Code § 55.1-1229 [1]	Fixed-term leases are different again. If your lease says twelve months ending August 31, the tenancy simply ends on that date unless the lease specifies a renewal or notice requirement, since state law doesn't impose an extra notice period on top of a clear fixed-term lease. Rent increases work the same way: Virginia doesn't cap how much you can raise rent, but if you're changing the terms of a periodic tenancy, you generally need to give the same 30 days' notice you'd give to end the tenancy, since a rent increase on a month-to-month lease is functionally a new offer of terms.

Notice periods depend on what's happening. Virginia doesn't use one blanket number, it varies by situation. Here's the rundown of the major ones under the VRLTA. | Situation | Required notice | Statute |

What can a landlord look at during an inspection?

There are two totally different kinds of "inspection," and landlords often mix them up. One is the landlord's own entry to check on the unit or make repairs. The other is a government inspection tied to city licensing or a rental inspection district. For a landlord's own visit, the VRLTA lets you enter to inspect the premises, make repairs, or show the unit to prospective tenants or buyers, as long as you give at least 24 hours' notice and enter at a reasonable time (or immediately in a genuine emergency) ^[1]. This isn't a general license to snoop through closets or drawers, it's tied to a legitimate purpose: checking on maintenance issues, verifying smoke detectors work, confirming no unauthorized occupants or pets if that's a lease violation. Repeated, unnecessary entries can start to look like harassment, which courts and tenants don't take well. A city or state code inspection is different in scope. Under a locally designated rental inspection district (Va. Code § 36-105.1:1), or under a locality's general maintenance code enforcement authority, inspectors typically check life-safety items: working smoke and carbon monoxide detectors, secure egress windows in bedrooms, functioning heat, electrical panel condition, plumbing leaks, and signs of structural decay or pest infestation ^[2]. They're not there to judge your tenant's housekeeping or count their furniture. It's worth reading your specific city's rental inspection checklist ahead of time, since a landlord who shows up unprepared for one of these visits usually gets a re-inspection fee for something a five-minute walkthrough would have caught. A related, and different-state, question worth answering here: who's responsible for the move-out walkthrough inspection in California? Under California Civil Code § 1950.5(f), the landlord must offer the tenant an initial inspection before move-out if requested, so the tenant gets a chance to fix problems before the landlord deducts from the deposit. Virginia has no equivalent statutory requirement forcing landlords to offer that pre-move-out walkthrough, though doing one voluntarily, with photos and a signed checklist, is one of the cheapest ways to avoid a deposit dispute in any state.

Why do landlords require renters insurance in Virginia?

Because your own landlord policy almost never covers the tenant's stuff, and it may not cover everything you'd hope it covers if the tenant causes damage. The VRLTA specifically allows a landlord to require a tenant to carry renters insurance, or to participate in the landlord's own damage or liability insurance program instead, as long as that requirement is disclosed in the rental agreement ^[1]. A typical landlord dwelling policy (DP-3) covers the structure and your own contents. If a tenant's stove fire destroys their furniture and clothes, that's on the tenant's own policy, not yours, and if they don't have one, they're simply out that money and possibly looking for someone to blame. Renters insurance also usually includes liability coverage, which matters if a tenant's negligence (an overflowing tub, an unattended candle) damages the unit or a neighboring unit. Without it, you may be stuck arguing over who pays for water damage that traveled two floors down. Cost isn't the burden landlords sometimes assume it is. National estimates from the Insurance Information Institute put average renters insurance premiums in the range of roughly $15 to $20 a month in recent years, though this varies by state, coverage limit, and provider ^[3]. Requiring proof of a policy, or enrollment in a landlord-offered damage waiver program, is a cheap way to close a real coverage gap, and it costs the tenant less than one dinner out a month.

What are Virginia's security deposit and late fee rules?

Two numbers matter most here: 2 and 45. A Virginia landlord cannot collect a security deposit larger than two months' rent, and once the tenancy ends and the tenant returns possession, the landlord has 45 days to return the deposit along with an itemized list of any deductions ^[1]. Miss that window without a valid reason, and you risk paying more than just the deposit back, since Virginia courts can award damages for willful noncompliance. Keep receipts for every deduction. "Cleaning" as a one-word explanation on a deposit letter is exactly the kind of thing that gets landlords sued in small claims court. Late fees are capped too. A rental agreement's late charge cannot exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due under the agreement ^[1]. So if rent is $1,500, your late fee ceiling is $150, not whatever number felt fair when you wrote the lease five years ago. Older leases with flat $75 late fees are usually fine as long as they don't exceed that 10 percent ceiling; leases with $200 flat fees on $1,500 rent are not compliant and won't hold up if challenged.

What a landlord cannot do under the VRLTA (and how Ohio's law differs)

Under Virginia law, a landlord cannot retaliate against a tenant for making a good-faith complaint to a code enforcement agency, joining a tenant organization, or exercising a legal right, for up to 12 months after that complaint ^[1]. Retaliation covers raising rent, cutting services, or trying to end the tenancy specifically because the tenant complained, and it's a real defense tenants can raise in court. A landlord also cannot use self-help to remove a tenant. Virginia law prohibits shutting off utilities, changing the locks, or seizing a tenant's belongings to force them out, no matter how far behind on rent they are or how clearly they've violated the lease ^[1]. The only legal path to removing a tenant is a court eviction (unlawful detainer) proceeding, after the required notice period has run. Since "what can't a landlord do" is a question people ask across state lines, it's worth a quick note on Ohio, since that state has its own well-known statute, the Ohio Landlord Tenant Act at Ohio Revised Code Chapter 5321. Ohio bans the same basic thing Virginia does: a landlord cannot recover possession of a unit by locking out the tenant, shutting off utilities, or removing belongings without going through the courts [12 wait]. That prohibition sits in ORC § 5321.15, which bars a landlord from initiating any action to recover possession except through a legal proceeding. If you own property in Ohio too, don't assume Virginia's exact notice periods carry over; the numbers and specific mechanics differ even where the core principle (no self-help evictions) is the same.

How does the VRLTA interact with your city's rental licensing and inspection rules?

The VRLTA is the floor, not the whole building. It sets tenant and landlord rights that apply statewide, no matter what city you're in. City rental licensing, registration fees, and inspection schedules are a separate layer, adopted locally, usually under a locality's zoning, business license, or building maintenance code authority, sometimes formalized through a rental inspection district under § 36-105.1:1 ^[2]. That means you can be fully compliant with the VRLTA (correct deposit handling, proper notices, a habitable unit) and still get a violation notice from your city for failing to register the rental or missing a scheduled inspection. Those are two different failure modes with two different fixes. A tenant lawsuit over a withheld deposit goes to general district court under state law. A missed city inspection deadline goes to your local rental licensing office, and the fine schedule, appeal process, and reinspection fee are whatever that specific office has on the books. This is exactly where landlords with 1 to 10 units tend to get caught off guard, because the city side of this changes every year and isn't summarized anywhere consistent. If you've gotten a notice about a missed license renewal or an upcoming inspection and you're not sure what documents or repairs the city expects, the $79 one-time City Rental License & Inspection Prep Packet at /rental-packet-builder is built around exactly that gap between state landlord-tenant law and city-specific paperwork.

What happens if a landlord violates the VRLTA?

Tenants have real remedies, more than a right to complain. If a landlord fails to maintain the unit after written notice of the problem, a tenant can, in some cases, terminate the lease, seek a rent reduction for the period the condition existed, or sue for actual damages ^[1]. Courts can also award a prevailing party's attorney fees in certain cases, and willful violations, like ignoring the 45-day deposit deadline without justification, tend to get treated less sympathetically than an honest paperwork mistake. The VRLTA isn't mainly a punishment machine, though. Most disputes get resolved without ever reaching a judge, because the notice and documentation requirements are specific enough that both sides usually know who's right before it gets that far. The landlords who end up losing in court are almost always the ones who skipped the paper trail: no written notice, no itemized deductions, no proof of the 24-hour entry notice. Keep the documentation and most of this law works in your favor, not against it.

Frequently asked questions

How do you become a landlord in Virginia?

There's no state landlord license. You need a habitable, insured rental property, a written lease, and confirmation of any city-specific registration, business license, or inspection requirement, since Virginia leaves that layer to individual localities. Check with your city rental licensing office directly, since requirements and fees vary widely from one Virginia locality to the next.

What is a landlord under Virginia law?

A landlord is the owner, lessor, or sublessor of a rented dwelling unit, or their authorized agent, under Va. Code § 55.1-1200. Owning even one rental unit makes you a landlord with the full set of VRLTA duties, including habitability, deposit handling, and notice requirements, regardless of portfolio size.

What is landlording?

Landlording is the ongoing work of operating rental housing: collecting rent, maintaining the property, handling repairs and turnover, and following state and local landlord-tenant rules. It's an operational responsibility, not a one-time transaction, and the legal duties apply the same to a single-unit owner as to a large management company.

What rights do tenants have without a lease in Virginia?

A tenant without a written lease in Virginia defaults to a month-to-month tenancy and keeps full VRLTA protections: a habitable unit, deposit protections, 24-hour entry notice, a 5-day notice before nonpayment eviction filings, 30-day notice to end the tenancy, and protection from retaliation. Oral agreements do not reduce tenant rights.

How much notice does a Virginia landlord have to give to enter the unit?

At least 24 hours' notice for non-emergency entry, at a reasonable time, under Va. Code § 55.1-1229. In a genuine emergency, such as a burst pipe or fire, no advance notice is required. Repeated entries without a legitimate purpose can be challenged as harassment even when notice is technically given.

How much notice is required to end a month-to-month tenancy in Virginia?

Thirty days' written notice from either the landlord or the tenant, under Va. Code § 55.1-1253. Week-to-week tenancies only require 7 days' notice. Fixed-term leases end on their stated date without extra notice unless the lease itself says otherwise.

Why do landlords require renters insurance in Virginia?

Because a landlord's own dwelling policy typically doesn't cover a tenant's personal belongings or provide the tenant-side liability coverage needed if their negligence causes damage. Va. Code § 55.1-1206 lets landlords require renters insurance or enrollment in a landlord damage insurance program if it's disclosed in the lease.

What can a landlord look at during an inspection?

A landlord's own visit is limited to legitimate purposes like repairs, safety checks, or showings, with 24 hours' notice. A city or state code inspection, often tied to a rental inspection district, checks life-safety items like smoke detectors, egress windows, heat, electrical, plumbing, and pest or structural issues, not the tenant's personal belongings.

Who is responsible for the move-out walkthrough inspection in California?

In California, the landlord must offer to conduct an initial move-out inspection at the tenant's request, under Civil Code § 1950.5(f), giving the tenant a chance to fix issues before deposit deductions. Virginia has no equivalent statutory requirement, though a voluntary walkthrough with photos is a smart practice in any state.

What can't a landlord do in Ohio?

Ohio's landlord-tenant law, ORC Chapter 5321, bans self-help evictions: a landlord cannot lock out a tenant, shut off utilities, or remove belongings to force them out without a court proceeding, under ORC § 5321.15. This mirrors Virginia's own ban on self-help, though the specific notice periods and mechanics differ between the two states.

Can a Virginia landlord charge any late fee they want?

No. Late fees are capped at the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due under the rental agreement, per Va. Code § 55.1-1204. A flat late fee written into an older lease should be checked against this cap; a fee above it isn't enforceable even if the tenant already signed the lease.

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

Forty-five days after the tenancy ends and the tenant returns possession, along with an itemized list of any deductions, under Va. Code § 55.1-1226. Deposits are also capped at two months' rent. Missing the deadline without a valid reason can expose the landlord to damages beyond the deposit itself.

Does the Virginia Landlord Tenant Act require a rental license?

No. The VRLTA sets tenant and landlord rights statewide but doesn't create a rental license or registration system. Any license, registration, or inspection requirement comes from your individual city or county, often through a rental inspection district under Va. Code § 36-105.1:1, so you need to check locally, not assume a statewide rule.

Sources

1. Code of Virginia, § 55.1-1200 (Virginia Residential Landlord and Tenant Act, short title and definitions): VRLTA is codified at Va. Code § 55.1-1200 et seq. following the 2019 recodification of Title 55.1
2. Code of Virginia, § 36-105.1:1 (rental inspection districts): Virginia localities may establish rental inspection districts to inspect units for maintenance code compliance
3. Ohio Revised Code Chapter 5321 and § 5321.15 (Ohio Landlord Tenant Act; self-help eviction ban): Ohio bars landlords from recovering possession of a unit except through a court proceeding, banning lockouts and utility shutoffs
4. Virginia Law - Code of Virginia: Definitions section of the Virginia Residential Landlord and Tenant Act, including who qualifies as a landlord and tenant
5. Virginia Law - Code of Virginia: Provisions governing rental agreements and the rights of tenants without a written lease under the VRLTA
6. Virginia Law - Code of Virginia: Rules for landlord access to the dwelling unit and notice requirements for entry/inspection
7. Virginia Law - Code of Virginia: Requirements landlords must follow when requiring renters insurance or damage insurance from tenants
8. Virginia Law - Code of Virginia: Rules governing security deposits, including limits and return requirements under the VRLTA
9. Virginia Law - Code of Virginia: Provision addressing late fees a landlord may charge under a rental agreement
10. Virginia Law - Code of Virginia: Remedies and penalties available to tenants when a landlord violates the VRLTA
11. Virginia Law - Code of Virginia: Provisions on local rental inspection districts and how they interact with the VRLTA