Key Takeaways
- Understand the Virginia Residential Landlord and Tenant Act: The Virginia Residential Landlord and Tenant Act establishes the legal framework for residential lease agreements, outlining the rights, responsibilities, and obligations of both landlords and tenants once a rental agreement is in place.
- Comply With Disclosure Requirements: Virginia residential landlords must provide numerous required disclosures before move-in, including information about lead-based paint, mold, utility billing, property conditions, ownership, and tenant rights.
- Know Your Rights and Responsibilities: Both landlords and tenants have clearly defined rights under Virginia law, such as proper, written notice for entry and security deposit returns, along with responsibilities like maintaining the property, making timely repairs, and following written lease terms.
- Follow Virginia Laws: Landlords should understand key legal requirements governing rent payment increases, security deposits, property owner entry, habitability, fair housing compliance, and eviction processes to avoid disputes and remain compliant.
When operating a rental in Virginia, it’s essential that you familiarize yourself with the Virginia Residential Landlord and Tenant Act (VRLTA). It provides a legal framework for residential tenancies, including the rights and responsibilities of both the landlord and the tenant, as well as important topics like security deposits, habitability requirements, property owner entry, and required disclosures.
Please note, however, that the Virginia Residential Landlord and Tenant Act only applies after the property owner has established a written lease. In Virginia, that comes about if there is a verbal or written rental agreement, or if the property owner accepts a payment as rent.
This blog by Peak Property Management will provide you with a comprehensive overview of the VRLTA. This way, you’ll be able to avoid noncompliance issues and possible conflicts or misunderstandings with the resident.
Required Landlord Disclosures in Virginia
Virginia residential landlord must disclose the following information to residents before they can move in.
- Concentrations of lead-based paint if renting out a house built before 1978.
- A move-in checklist with a description of the rental property’s inventory and the rental property’s condition.
- A statement regarding the rights and responsibilities the resident has.
- The total rent payment and any other cost they might incur under the written lease agreement.
- The name and address of the rental property owner and manager (if any).
- Whether the rental is in an ordinance location.
- Whether any parts of the drywall are defective.
- A disclosure on whether you have any knowledge of the dwelling being used in the past to manufacture meth.
- A disclosure on whether there is mold in the rental property.
- The formula for sharing utility payments between residents.
- A disclosure on whether you’ll be demolishing the rental property during the term of the written lease agreement.
Virginia Tenants’ Rights & Responsibilities
Generally speaking, residents in Virginia obtain the following rights after establishing a lease agreement with a landlord. A right to:
Occupy livable premises.
Be treated fairly per the Fair Housing Act in Virginia.
- Be notified before termination of a periodic tenancy, like when on a month-to-month lease agreement.
- A proper eviction process, which is devoid of illegal procedures like shutting down of utilities or removal of personal belongings.
- Get a refund of the security deposit, minus any allowable deduction, within 45 days after moving out.
- Break the lease agreement for legally justifiable reasons, like after being a domestic violence victim.
- Get a 72-hour’ advance notice before a Virginia residential landlord can access the rental property.
When it comes to responsibilities, they include the following.
- Keep the premises clean, sanitary, and habitable.
- Keep the plumbing, facilities, and fixtures clean.
- Pay rent on time, every month, and pay for utility services when payment becomes due.
- Not cause negligent or deliberate damage to the rental property.
- Not disturb the peace and quiet of other residents and neighbors.
- Not tamper with the functioning of the smoke or carbon monoxide detector.
- Notify the Virginia residential landlord before breaking the lease agreement.
- Abide by all policies in the written lease agreement, such as the pet policy.
Landlords’ Rights & Responsibilities in Virginia
Equally, the Virginia Residential Landlord-Tenant Act grants property owners the following rights in a written lease agreement.
- Charge residents who break their lease agreement without a legally justifiable reason.
- Change the monthly rent payments by any amount and do so as frequently as you choose.
- Enter the rented premises after providing 72 hours of advance written notice.
- Not to provide a grace period before charging a fee for unpaid rent, unless the lease agreement says otherwise.
Charge up to 2 months’ rent as a security deposit.
Terminate the periodic tenancy of a resident after serving them the appropriate advance notice.
Evict residents who fail to observe the terms of the lease.
These rights aren’t without responsibilities, though. Virginia residential landlords must do the following in a landlord-tenant relationship.
- Make necessary repairs to the rental within 14-21 days after getting notified.
- Keep residents’ security deposits per the state’s security deposit rules.
- Make a reasonable effort to re-rent the dwelling unit after a resident breaks the lease agreement unjustifiably.
- Notify the resident before a rent increase. The written notice period for residents on a month-to-month lease or rental agreement is 30 days.
- Abide by the state’s anti-discrimination rules.
- Notify the resident at least 72 hours before entering their rented premises.
- Provide the resident with the required disclosures.
An Overview of the Landlord-Tenant Laws in Virginia
The following are some additional elements that make up the Virginia landlord-tenant act:
Landlord's Right to Entry
Virginia residential landlords can enter rented premises to perform crucial responsibilities. Such as, inspections, repairs, maintenance, and when responding to emergencies. But save for emergencies, you must notify the resident before entering the rental. This is usually at least 72 hours before the entry.
Housing Discrimination
Under Virginia law, you must treat residents fairly, regardless of 8 protected classes. The classes are: race, color, religion, disability, familial status, sex, nationality, and age. The agency that handles enforcement of the housing discrimination laws in the state is the Virginia Fair Housing office.
Rent Increases
There is no rent control law in Virginia, and Virginia law prohibits local jurisdictions from enacting their own laws.
But before you can raise it, you must provide the resident with an advance notice. For residents on a month-to-month lease or rental agreement, you must provide them with a 30 days’ written notice. For tenants that make rental payments weekly, under Virginia law the requirement is at least a 7 days’ written notice.
Security Deposits
You can collect a security deposit under Virginia law. However, there are rules that you must keep when you do so. For example, the maximum amount you can collect is capped at 2 months’ rent. Also, the timeline for its return is 45 days after the resident moves out.
Bottom Line
The journey to a smooth rental ownership experience begins with understanding your legal responsibilities. Luckily for you, now you have a comprehensive overview of what that entails when operating a rental under Virginia law.
If you have a question or need expert property management help, look no further than Peak Property Management. Our full array of management services can guarantee you an optimal ROI and peace of mind. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.
