Last updated 2026-07-23
TL;DR
The Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq.) sets the rules for security deposits, notice periods, repairs, and evictions for most rental housing in Virginia. It caps deposits at two months' rent, requires 5 days' written notice to pay rent or quit for nonpayment, and applies to almost all landlords except a narrow set of exemptions like owner-occupied buildings with four or fewer units.
What is the Virginia Residential Landlord and Tenant Act?
The Virginia Residential Landlord and Tenant Act, or VRLTA, is the state law that governs almost every residential lease in Virginia. It lives at Va. Code § 55.1-1200 through § 55.1-1262 [1]. Before 2019 it was numbered under Title 55; the state recodified all of Title 55 into Title 55.1 effective October 1, 2019, so if you find an older reference to "§ 55-248.2" or similar, that's the same law under its old section numbers [2]. The VRLTA spells out what landlords must disclose, how much they can charge for a deposit, how they have to handle repairs, and what notice they owe a tenant before entering a unit or ending a tenancy. It also sets out tenant remedies when a landlord doesn't meet those duties, and landlord remedies when a tenant doesn't pay rent or breaks the lease. This is state law, not a city ordinance. Cities and counties in Virginia don't get to write their own separate landlord-tenant code on top of it, but many localities layer on their own rental inspection or registration programs (for example, some jurisdictions run rental inspection districts under separate zoning or property maintenance authority). Always confirm with your city rental licensing office whether a local inspection or registration program applies in addition to the state landlord-tenant rules.
Who does the VRLTA apply to, and who is exempt?
The VRLTA applies to nearly all landlords renting residential property in Virginia, whether you own one duplex or a 200-unit complex. The exemptions are narrow and listed in Va. Code § 55.1-1201 [1]. Exempt situations generally include: occupancy in an owner-occupied home where the owner rents no more than two units or four boarders, occupancy in a facility that is primarily a service like a hospital or nursing home, occupancy under a contract of sale where the occupant is a purchaser or a family member of the purchaser, and certain fraternal or student housing arrangements tied to an educational institution. Hotels and transient occupancy are also outside the Act's scope. If you rent out a single-family home, a condo, an apartment unit, or a small multifamily building and you're not living there yourself under one of the narrow carve-outs, the VRLTA almost certainly applies to you. Don't assume you're exempt because you only have one or two units; the owner-occupancy exemption specifically requires the landlord to live in the building.
How much can a landlord charge for a security deposit in Virginia?
Under Va. Code § 55.1-1226, a landlord cannot require a security deposit that exceeds two months' periodic rent [3]. That's a hard statutory cap, not a guideline. The same section requires the landlord to return the deposit, minus any lawful deductions, within 45 days after termination of the tenancy and delivery of possession, along with an itemized list of deductions. If a landlord fails to comply, a tenant can sue for the amount wrongfully withheld, and the statute allows recovery of damages. Landlords can apply the deposit toward unpaid rent, damage beyond normal wear and tear, or costs stated in the lease, but the deposit can't be used simply because the landlord doesn't want to do a walk-through. Interest on deposits is not automatically required in Virginia the way it is in some other states; check the current statute language for any locality-specific variations, since deposit rules occasionally get amended by the General Assembly.
How much notice does a landlord have to give in Virginia?
Notice periods depend on what's happening: nonpayment of rent, a lease violation, or ending a month-to-month tenancy. For nonpayment of rent, Va. Code § 55.1-1245 requires the landlord to give the tenant written notice and at least 5 days to pay the rent before the landlord can file for unlawful detainer (eviction) [4]. This is commonly called a "pay or quit" notice. For a lease violation other than nonpayment, the landlord generally must give written notice describing the breach; under § 55.1-1245, if the tenant doesn't remedy a remediable breach within 21 days after written notice, the landlord may terminate the rental agreement on 30 days' notice. Some breaches, like ones that are not remediable or that involve willful damage, can allow faster action. For ending a month-to-month tenancy without cause, Virginia law (Va. Code § 55.1-1253) generally requires 30 days' written notice from either party, though the lease itself may specify a different period as long as it doesn't violate the statute [5]. For entry to inspect, repair, or show the unit, § 55.1-1229 requires the landlord to give at least 24 hours' notice and enter only at reasonable times, except in emergencies [6]. Some tenants and landlords negotiate longer notice by lease agreement, but 24 hours is the statutory floor.
What can a landlord look at during an inspection?
For a routine, agreed-upon inspection during a tenancy, Virginia landlords may enter to inspect the premises, make repairs, supply agreed services, or show the unit to prospective tenants or buyers, provided they give at least 24 hours' notice and enter at a reasonable time under § 55.1-1229 [6]. This is not a general license to search the tenant's belongings; the inspection should be limited to the condition of the structure, systems (plumbing, electrical, HVAC), safety issues, and confirming the unit matches habitability standards. At move-in and move-out, Virginia strongly encourages a written move-in inspection report. Under § 55.1-1214, the landlord must provide the tenant a written report of the move-in condition of the dwelling unit, and the tenant has five days to inspect and note any disagreement [7]. That report becomes the reference point for what counts as damage versus normal wear and tear when the deposit is settled later. For a broader city-mandated rental inspection (fire, health, or property-maintenance code compliance rather than the VRLTA's private landlord-tenant provisions) rules vary by locality. Confirm with your city rental licensing office what a code inspector is authorized to check, since that's separate legal authority from the tenant-notice rules under the VRLTA. See our related coverage on tenant rights and tenants rights for how notice and inspection interact from the tenant's side.
Who is responsible for a rental property walk-through inspection?
This depends on whether you mean the private move-in/move-out inspection under landlord-tenant law, or a government code inspection tied to a rental license. Under the VRLTA, the landlord is responsible for offering and documenting the move-in inspection (§ 55.1-1214), and for the return-of-deposit process that typically involves a move-out walkthrough within the 45-day window after the tenant vacates [3][7]. The tenant has the right to be present for or to review that documentation and to note disagreements. A reader in California asking who's responsible for a rental walk-through inspection is usually asking about that same landlord-tenant move-in/move-out process, which California addresses separately in its own Civil Code (California is not governed by Virginia's VRLTA). Each state runs its own version of this rule; if you operate in multiple states, don't assume Virginia's 5-day post-move-in review period or 45-day deposit deadline applies elsewhere. Always check the specific state code. For government rental-licensing inspections (fire safety, occupancy limits, smoke detectors, egress), responsibility usually falls on the property owner or their registered agent to schedule the inspection and correct violations, with the local inspections office or fire marshal's office conducting the actual walk-through. That's a locality-by-locality process, so confirm with your city rental licensing office how their program is structured.
What is landlording, and what is a landlord?
A landlord is the owner of real property, or that owner's authorized agent, who rents the property to another person (the tenant) in exchange for money, under a lease or rental agreement. Virginia's statutory definition in Va. Code § 55.1-1200 defines "landlord" as the owner, lessor, or sublessor of the dwelling unit, including a managing agent acting on the owner's behalf [1]. "Landlording" is the informal, common term for the overall job of owning and managing rental property: collecting rent, handling maintenance requests, screening tenants, complying with state and local law, and managing the lease relationship start to finish. It's not a legal term, just industry shorthand for the day-to-day work. Landlording well means more than owning a building. It means understanding the statutory notice periods, keeping the unit in compliance with the implied warranty of habitability under § 55.1-1220 [8], handling deposits correctly, and responding to repair requests in a reasonable time. Landlords who skip these steps are the ones who end up on the losing end of a tenant lawsuit or a code violation notice.
How to become a landlord in Virginia
Becoming a landlord in Virginia doesn't require a state landlord license, but it does require several practical and legal steps before you hand over keys. First, confirm the property is legal to rent: check zoning, any HOA restrictions, and whether your locality requires rental registration or a rental inspection district permit. Many Virginia cities and counties (this varies widely; confirm with your city rental licensing office) require landlords to register rental property or obtain a certificate of occupancy or rental inspection before leasing. Second, get the lease and disclosures right. Virginia requires certain lease disclosures, including a statement about the identity of the landlord or managing agent (§ 55.1-1204) [9], and federal law requires a lead-based paint disclosure for housing built before 1978 (40 CFR Part 745, enforced jointly by EPA and HUD) [10]. Third, screen tenants consistently under the Fair Housing Act (42 U.S.C. § 3601 et seq.) [11] and Virginia's own Fair Housing Law, and apply the same criteria to every applicant. Fourth, set up your deposit handling, rent collection, and maintenance response system before your first tenant moves in. Landlords who wait until something breaks to figure out their process usually end up missing statutory deadlines. If you're prepping for a city-mandated rental license or inspection on top of all this, our $79 City Rental License & Inspection Prep Packet walks through the document checklist landlords commonly need, though it doesn't replace your city's own application requirements. Confirm exact fees and deadlines with your local office; they vary by city and change over time.
How to be a landlord (day-to-day responsibilities under Virginia law)
Being a landlord day-to-day in Virginia means keeping up with a short list of recurring legal duties, not a one-time setup. Maintenance: § 55.1-1220 requires landlords to keep the premises fit and habitable, comply with building and housing codes affecting health and safety, keep common areas clean and safe, and maintain electrical, plumbing, heating, and other facilities in good working order [8]. This is often called the implied warranty of habitability, and a landlord cannot waive it by putting a clause in the lease. Repairs and tenant remedies: if a landlord fails to make a needed repair, § 55.1-1244 gives tenants a process to send written notice, and after a reasonable period (generally 30 days, or a shorter period for something that materially affects health and safety), the tenant may have remedies including terminating the lease or, in some cases, repairing and deducting the cost from rent, subject to statutory limits [12]. Entry and privacy: give at least 24 hours' notice for routine, non-emergency entry (§ 55.1-1229) [6]. Rent increases and lease renewal: for month-to-month tenancies, Virginia generally requires 30 days' notice of a rent increase or non-renewal (§ 55.1-1253) [5]; for fixed-term leases, the increase can't take effect until the lease term ends unless the lease itself allows a mid-term change. Record-keeping: keep the move-in inspection report, the lease, deposit records, and all written notices. If a dispute ends up in general district court, the landlord with organized paperwork wins more often, simply because Virginia courts expect written documentation for deposit and notice disputes.
Why do landlords require renters insurance?
Landlords require renters insurance mainly to shift liability and reduce their own financial exposure when something goes wrong in the tenant's unit. A landlord's own insurance policy typically covers the building itself, not the tenant's personal belongings and not the tenant's liability if, say, the tenant's dog bites a guest or the tenant accidentally starts a kitchen fire. Renters insurance (liability plus contents coverage) fills that gap. If a tenant's negligence causes damage, having the tenant's own policy in place means the landlord's claim, or a lawsuit, has a funding source that isn't the landlord's own pocket. Virginia law doesn't require renters insurance statewide, but the VRLTA does allow a landlord to require it as a lease condition. Va. Code § 55.1-1206.1 specifically permits landlords to require tenants to carry renters insurance, or to obtain it on the tenant's behalf and charge back the premium as additional rent, as long as the lease says so [13]. That statute also caps how much a landlord can charge if the landlord is the one buying the policy and passing on the cost. Many landlords also require it simply because it's cheap for the tenant (often in the range of $10 to $20 a month, though pricing varies by carrier and coverage) and it meaningfully lowers the landlord's own risk of an uninsured loss.
What rights do tenants have without a lease?
A tenant without a written lease in Virginia, sometimes called a tenant at will or a month-to-month tenant, still has almost all the same statutory protections as a tenant with a signed lease. The VRLTA applies to any residential rental relationship, written lease or not, as long as it's not one of the narrow exemptions under § 55.1-1201 [1]. That means a tenant without a lease still gets the implied warranty of habitability (§ 55.1-1220) [8], the 24-hour entry notice rule (§ 55.1-1229) [6], the security deposit cap and 45-day return rule if a deposit was collected (§ 55.1-1226) [3], and the same eviction process protections, including the 5-day pay-or-quit notice for nonpayment (§ 55.1-1245) [4]. What changes without a written lease is mainly the term and the rent-increase process: an oral or undocumented agreement is generally treated as a month-to-month tenancy, so either party can end it with 30 days' notice under § 55.1-1253 [5], and there's more room for dispute over what was actually agreed on rent amount, due date, or who pays for what. Tenants without a lease should still expect a landlord to follow the same notice and deposit rules; the absence of paper doesn't waive the statute. See our related pages on tenant and tenant rights and renters rights generally.
What can't a landlord do (comparing Virginia to Ohio's rules)
Landlords in every state, including Virginia and Ohio, are barred from a similar core list of actions: no self-help eviction, no shutting off utilities to force a tenant out, no discrimination based on a federally or state-protected class, and no retaliation against a tenant for exercising a legal right like reporting a code violation. Ohio's landlord-tenant law is Ohio Revised Code Chapter 5321, and its tenant-protection structure runs parallel to Virginia's in most respects. Under Ohio Rev. Code § 5321.02, a landlord cannot retaliate by increasing rent, decreasing services, or bringing an eviction action against a tenant who has complained to a government agency about a building, housing, or health code violation, or who has organized a tenant union . Virginia has its own retaliation protection under Va. Code § 55.1-1258, which similarly bars a landlord from terminating a tenancy or refusing to renew mainly because a tenant reported a violation or exercised a legal right . Both states prohibit lockouts and utility shutoffs as a substitute for a court eviction; a Virginia landlord who changes the locks or cuts off electricity to remove a tenant without a court order can face damages, and Ohio's § 5321.03 provides similar tenant remedies for unlawful removal or exclusion. The practical difference for a landlord operating in both states is mostly procedural: notice periods, court forms, and specific deposit-handling deadlines differ, so a policy that's compliant in Ohio isn't automatically compliant in Virginia. If you own property in more than one state, keep separate compliance checklists; don't assume the rules transfer.
How does the VRLTA interact with local rental inspection and licensing programs?
The VRLTA governs the landlord-tenant relationship itself: deposits, notice, habitability, and eviction procedure. It does not create a statewide rental license or registration requirement. Local rental licensing, registration, and inspection programs are a separate layer, adopted under a city or county's own zoning and property maintenance authority, and they vary enormously across Virginia. Some Virginia localities run formal Rental Inspection Districts under state enabling authority (Va. Code § 36-105.1:1 governs how localities may designate such districts, tied to code compliance concerns) , with periodic inspections and fees. Others have no rental licensing program at all. Because this differs city to city and changes as ordinances get amended, always confirm with your city rental licensing office whether registration, a rental certificate, or a periodic inspection applies to your unit, and what the current fee and inspection cycle are. When you're getting ready for a local inspection, the VRLTA's own habitability standard (§ 55.1-1220) [8] is a reasonable baseline for what an inspector will likely check: working smoke detectors, safe electrical and plumbing systems, adequate heat, and no structural hazards. Meeting the state's habitability standard doesn't guarantee you'll pass a local code inspection, since local codes can add requirements like egress window sizes or specific fire-separation rules, but it's the right starting point.
Frequently asked questions
What is the Virginia Residential Landlord and Tenant Act?
It's the state law, Va. Code § 55.1-1200 through § 55.1-1262, that governs almost all residential leases in Virginia. It covers security deposits, notice for entry and termination, habitability duties, and eviction procedure. It applies statewide and preempts most local attempts to write separate landlord-tenant rules, though cities can still run their own rental inspection or registration programs under separate authority.
How much notice does a landlord have to give a tenant in Virginia?
For nonpayment of rent, at least 5 days' written notice before filing for eviction (Va. Code § 55.1-1245). For ending a month-to-month tenancy, 30 days' written notice (§ 55.1-1253). For routine entry to inspect or repair, at least 24 hours' notice (§ 55.1-1229). Lease violations other than nonpayment generally get 21 days to fix the issue, then 30 days' notice to terminate if it's not fixed.
How much can a Virginia landlord charge for a security deposit?
No more than two months' periodic rent, under Va. Code § 55.1-1226. The landlord must return the deposit, minus lawful deductions and with an itemized list, within 45 days after the tenancy ends and the tenant returns possession of the unit.
What can a landlord look at during an inspection?
For routine entry during a tenancy, a landlord can check the general condition of the unit, systems like plumbing and electrical, and safety items, after giving 24 hours' notice under Virginia law. It's not a search of personal belongings. Move-in inspections document existing condition; move-out inspections determine deposit deductions. Local code inspections may cover additional items like smoke detectors and egress, depending on your city's program.
Who is responsible for a rental property walk-through inspection?
The landlord is responsible for offering the move-in inspection report and conducting the move-out walkthrough that determines deposit deductions. This is a landlord-tenant law question that each state answers separately; California's rules differ from Virginia's, so confirm the specific state code that applies to your property rather than assuming one state's rule applies elsewhere.
What is landlording?
Landlording is the everyday work of owning and managing rental property: collecting rent, handling repairs, screening tenants, following notice and deposit laws, and managing the lease relationship. It's an informal industry term, not a statutory one. A landlord, by contrast, is the legally defined owner, lessor, or authorized agent renting out the property.
What is a landlord under Virginia law?
Virginia's statutory definition (Va. Code § 55.1-1200) defines a landlord as the owner, lessor, or sublessor of a dwelling unit, including any managing agent acting on the owner's behalf. That means a property manager who signs leases and handles notices on the owner's behalf is legally a landlord for VRLTA purposes too.
What rights do tenants have without a lease in Virginia?
Almost all the same rights as a tenant with a written lease. The VRLTA applies regardless of whether the agreement is written, so a tenant without a lease still gets the habitability duty, the 24-hour entry notice rule, the deposit cap and 45-day return rule, and eviction notice protections. Without a written term, the tenancy is generally treated as month-to-month, endable by either side with 30 days' notice.
Why do landlords require renters insurance?
Mainly to cover liability and content losses that the landlord's own building insurance doesn't reach, like a tenant's negligence causing a fire or a dog bite to a guest. Virginia law (Va. Code § 55.1-1206.1) specifically allows a landlord to require tenants to carry renters insurance or to buy a policy on the tenant's behalf and bill it as additional rent, within statutory limits.
What can't a landlord do in Ohio?
Under Ohio Rev. Code § 5321.02, a landlord cannot retaliate against a tenant, through rent increases, reduced services, or eviction, for reporting a code violation or joining a tenant organization. Ohio also bars self-help evictions and lockouts under § 5321.03. These protections closely mirror Virginia's own retaliation and self-help eviction bars, though the specific notice periods and court procedures differ between the two states.
How do I become a landlord in Virginia?
Confirm zoning and any local rental registration or inspection requirement, prepare a lease with required disclosures (including federal lead-paint disclosure for pre-1978 housing), screen tenants consistently under fair housing law, and set up your deposit and maintenance systems before your first tenant moves in. There's no statewide landlord license, but local licensing programs vary, so confirm with your city rental licensing office.
Does the VRLTA require a landlord to accept renters insurance in place of a deposit?
No. The VRLTA lets a landlord require renters insurance as a separate lease condition under § 55.1-1206.1, but it doesn't require the landlord to substitute insurance for the security deposit. A landlord can require both a deposit (capped at two months' rent) and renters insurance in the same lease.
Is the VRLTA the same as a city's rental license requirement?
No. The VRLTA is state law governing the landlord-tenant relationship (deposits, notice, habitability, eviction). Rental licensing, registration, or inspection districts are local programs adopted separately by cities and counties under their own zoning or property maintenance codes, and they vary widely across Virginia. Check both: state law compliance doesn't excuse you from a local rental license if your city has one.
Sources
- Virginia Law, Code of Virginia Title 55.1, Chapter 12 (Virginia Residential Landlord and Tenant Act): VRLTA statutory scope, definitions, and exemptions
- Code of Virginia § 55.1-1226, security deposits: Security deposit cap of two months' rent and 45-day return requirement
- Code of Virginia § 55.1-1245, nonpayment of rent: 5-day written notice requirement before filing for nonpayment eviction
- Code of Virginia § 55.1-1253, termination of tenancy: 30-day notice requirement to end a month-to-month tenancy
- Code of Virginia § 55.1-1229, landlord's access to dwelling unit: 24-hour notice requirement for landlord entry
- Code of Virginia § 55.1-1214, move-in inspection report: Landlord must provide written move-in inspection report and tenant has five days to note disagreement
- Code of Virginia § 55.1-1220, landlord's duty to maintain fit premises: Implied warranty of habitability duties for Virginia landlords
- Code of Virginia § 55.1-1204, disclosure of landlord identity: Required lease disclosure of landlord or managing agent identity
- Code of Virginia § 55.1-1244, tenant remedies for landlord noncompliance: Tenant notice and remedy process when landlord fails to make required repairs
- Code of Virginia § 55.1-1206.1, renters insurance: Landlord's authority to require tenant renters insurance or charge back premium as rent
- Ohio Revised Code § 5321.02, landlord retaliation: Ohio's prohibition on landlord retaliation against tenants who report code violations
- Code of Virginia § 55.1-1258, retaliatory conduct prohibited: Virginia's prohibition on retaliatory termination or non-renewal
- Code of Virginia § 36-105.1:1, rental inspection districts: State enabling authority for localities to designate rental inspection districts