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

Security deposit may not exceed two months' periodic rent. (Va. Code § 55.1-1226) The deposit must be accounted for within 45 days after the tenancy ends (Va. Code § 55.1-1226).

Is there a limit on late fees in Virginia?

A late fee may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed. (Va. Code § 55.1-1204(K))

How much notice must a landlord give before entering a rental in Virginia?

Landlord must give at least 24 hours' notice before entering for routine maintenance, except in an emergency. (Va. Code § 55.1-1229)

How do you end a month-to-month tenancy in Virginia?

Either party must give at least 30 days' written notice before the next rent due date to end a month-to-month tenancy. (Va. Code § 55.1-1253)

What happens if a tenant does not pay rent in Virginia?

Tenant has 5 days to pay rent or vacate before the landlord may file an unlawful detainer. (Va. Code § 55.1-1245) The case is filed as an unlawful detainer in General District Court. A landlord may never change the locks or remove a tenant's belongings without a court order.

Does a residential lease have to be in writing in Virginia?

A written lease is not always legally required, but it is what makes the terms enforceable and provable. Virginia tenancies are governed by the Virginia Residential Landlord and Tenant Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Virginia with the statutory citations printed in it.

Virginia Residential Lease Agreement

A lease that works in the Commonwealth of Virginia has to respect the Virginia Residential Landlord and Tenant Act: a security deposit capped at two months' rent, accounted for within 45 days of move-out, and late fees limited to 10% of the rent. Below is every number that governs a Virginia tenancy, with the statute it comes from.

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Virginia rental law at a glance

Each row is the rule Landy applies when it builds a Virginia lease. The citation is printed in the finished document too, so a tenant can check it.

Virginia landlord-tenant rules with statutory citations
Rule	Virginia	Citation
Security deposit limit	two months' rentSecurity deposit may not exceed two months' periodic rent.	Va. Code § 55.1-1226
Deposit return deadline	45 daysLandlord must return the deposit or an itemized list of deductions within 45 days after termination and delivery of possession.	Va. Code § 55.1-1226
Interest on deposits	Not requiredVirginia no longer requires interest on security deposits.	Va. Code § 55.1-1226
Late fee limit	10% of the rentA late fee may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed.	Va. Code § 55.1-1204(K)
Grace period before rent is late	5 daysRent is subject to a 5-day grace period before a landlord may serve a pay-or-quit notice.	Va. Code § 55.1-1245
Notice to pay or quit	5 daysTenant has 5 days to pay rent or vacate before the landlord may file an unlawful detainer.	Va. Code § 55.1-1245
Time to cure a lease violation	21 daysTenant generally has 21 days to remedy a curable lease violation, with the tenancy terminating 30 days after notice if not remedied.	Va. Code § 55.1-1245
Ending a month-to-month tenancy	30 days' noticeEither party must give at least 30 days' written notice before the next rent due date to end a month-to-month tenancy.	Va. Code § 55.1-1253
Notice before landlord entry	24 hoursLandlord must give at least 24 hours' notice before entering for routine maintenance, except in an emergency.	Va. Code § 55.1-1229

Disclosures a Virginia lease must carry

Missing a required disclosure is the most common way an otherwise fine lease creates a problem. Landy adds these automatically, plus any that apply only to your specific property.

Lead-Based Paint Disclosure
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can pose health hazards if not managed properly. Lead exposure is especially harmful to young children and pregnant women. Before renting pre-1978 housing, landlords must disclose the presence of known lead-based paint and lead-based paint hazards in the dwelling, provide any available records and reports to the tenant, and give the tenant the EPA-approved pamphlet "Protect Your Family From Lead In Your Home." Tenant acknowledges receipt of this information by signing below.
42 U.S.C. § 4852d; 24 C.F.R. Part 35; 40 C.F.R. Part 745 · applies to housing built before 1978
Mold Disclosure
Landlord discloses the results of the move-in inspection regarding the presence of visible evidence of mold in the dwelling.
Va. Code § 55.1-1215
Statement of Tenant Rights and Responsibilities
Landlord has provided Tenant with the Statement of Tenant Rights and Responsibilities developed by the Virginia Department of Housing and Community Development.
Va. Code § 55.1-1204(D)

If things go wrong in Virginia

Where eviction is filed

General District Court, as an unlawful detainer.

Governing law

Virginia Residential Landlord and Tenant Act, cited from the Code of Virginia.

Never self-help

Changing locks, removing belongings, or shutting off utilities to force a tenant out is unlawful. A court order is the only route.

Virginia lease questions, answered

How much can a landlord charge for a security deposit in Virginia?: Security deposit may not exceed two months' periodic rent. (Va. Code § 55.1-1226) The deposit must be accounted for within 45 days after the tenancy ends (Va. Code § 55.1-1226).
Is there a limit on late fees in Virginia?: A late fee may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance owed. (Va. Code § 55.1-1204(K))
How much notice must a landlord give before entering a rental in Virginia?: Landlord must give at least 24 hours' notice before entering for routine maintenance, except in an emergency. (Va. Code § 55.1-1229)
How do you end a month-to-month tenancy in Virginia?: Either party must give at least 30 days' written notice before the next rent due date to end a month-to-month tenancy. (Va. Code § 55.1-1253)
What happens if a tenant does not pay rent in Virginia?: Tenant has 5 days to pay rent or vacate before the landlord may file an unlawful detainer. (Va. Code § 55.1-1245) The case is filed as an unlawful detainer in General District Court. A landlord may never change the locks or remove a tenant's belongings without a court order.
Does a residential lease have to be in writing in Virginia?: A written lease is not always legally required, but it is what makes the terms enforceable and provable. Virginia tenancies are governed by the Virginia Residential Landlord and Tenant Act, and a written lease is the practical way to document rent, deposits, and each party's obligations. Landy builds a lease specific to Virginia with the statutory citations printed in it.

Build a Virginia lease with these rules already in it.

Answer questions in plain English. Landy writes the Virginia lease around your answers, applies every limit above, and shows you the finished document before you decide to pay.

Lease laws in other states

This page summarizes Virginia law for general information and is not legal advice. Landy is a self-help document service, not a law firm. Cities and counties may impose additional requirements, and statutes change. Have a licensed Virginia attorney review your lease before you rely on it.