In Virginia, the landlord-tenant relationship is guided by the state’s Residential Landlord and Tenant Act.
It highlights key rights and responsibilities that both a landlord and tenant acquire after establishing a written rental agreement.
As a Virginia residential landlord, having a firm grasp of the basics of Virginia law is key.
This will ensure the landlord stays legally compliant, and ensure potential disagreements or conflicts with their tenant stay as minimal as possible.
The following are important basics of the Virginia landlord-tenant law every landlord should know.
Tenant Rights and Responsibilities in Virginia
After a tenant signs a lease or rental agreement, they automatically obtain certain rights and responsibilities under federal, state, and local tenancy laws.
As a landlord, you cannot waive these laws either through the lease or rental agreement or otherwise.
Tenants have a right to:
Live in a home that meets the state’s basic habitability requirements.
Have repairs made within 14-21 days after providing proper notification.
Have the landlord obtain a court order before removal from the premises.
Not be retaliated against for exercising certain legal rights, such as reporting a habitability issue to a local government agency.
Terminate the lease or rental agreement after serving proper notification.
Break a fixed-term lease for certain justified reasons.
Proper notification before a rent raise.
The list of tenant responsibilities includes the following:
Keep the unit clean, sanitary, and habitable.
Maintain the plumbing and electrical system.
Report repairs and maintenance issues to the landlord promptly.
Abide by all terms of the lease agreement, including paying rent and utility bills on time.
Use the provided appliances, facilities, and utilities reasonably and for their intended purposes.
Respect the peace and quiet of other tenants and neighbors.
Not tamper with the normal functioning of the smoke of carbon monoxide detectors.
Landlord Rights and Responsibilities in Virginia
The state’s Residential Landlord & Tenant Act grants landlords the following rights after establishing a lease with a tenant. A landlord has the right to:
Reject a tenant’s application based on proper qualifying standards.
Enforce the terms of the lease agreement, such as charging a fee on late rent payments.
Charge tenants a security deposit, and make any necessary withholdings to the security deposit after they move out.
Evict a tenant who fails to abide by the terms of the lease agreement.
Terminate a periodic tenancy after serving proper notice.
Hold a tenant liable for not paying all rent due under the lease. For example, if the tenant chooses to move out for a legally unjustified reason, such as job relocation.
Raise rent by whatever amount and as often as you wish.
Enter a rented premises after providing the tenant with a 72 hours’ advance notice.
When it comes to landlord responsibilities, they include the following:
Provide the tenant with certain disclosures before making the rental agreement effective.
Not charge a late rent fee exceeding 10%.
Provide the tenant with an advance notice of 72 hours before entering their rented premises.
Abide by the Fair Housing Act in all interactions with the tenant.
Notify the tenant before raising their rent.
Make reasonable efforts to find a replacement tenant after the original tenant leaves for a legally unjustified reason.
Take the tenant through the proper judicial eviction process when removing them from the rented premises.
Make necessary repairs promptly, specifically within 14-21 days after getting a written request from the tenant.
Provide a rental property that meets the state’s safety, health, and building codes.
An Overview of the Virginia Landlord Tenant Law
1. Warranty of Habitability
A landlord can only rent out a rental property to tenants that is habitable in Virginia. Rental properties cannot have issues such as:
Pest infestations
Structural issues, such as cracks in the foundation or walls
A landlord must rent out a property to tenants that meets the state’s health, safety, and building codes.
It must, among other things, have running cold and hot water, heating during cold months, and sufficient garbage containers and removal services.
2. Tenant Evictions
These must follow the state’s judicial process. It’d be illegal to try to evict a tenant through threats, intimidation, discrimination, or the use of “self-help” tactics.
A landlord must first have legitimate reasons for eviction of tenants. Next, you must serve the tenant with an eviction notice to terminate their tenancy.
You must use the appropriate notice lest the tenant use that as a legal defense to delay their eviction.
If the tenant doesn’t remedy the violation or move out within the notice period, you can choose to continue with their eviction by filing an eviction lawsuit and go to court.
The court will then choose whether or not the rental eviction has merit and issue the appropriate order.
3. Security Deposit Rules
A landlord must abide by a certain set of rental rules when requiring security deposits in Virginia. The following are a few noteworthy things to keep in mind about the security deposit law:
The maximum security deposit limit must not exceed the equivalent of two months’ rent.
You can only make certain allowable deductions from the deposit after the tenant moves out of the rental. These deductions to security deposits include unpaid rent and/or utilities, or unpaid late fees.
You must return the deposit, minus allowable deductions, within 45 days after moving out of the rental.
4. Rent Increase in Virginia
Virginia is one of the states without rent regulations, and because of this, you can raise the rent by whatever amount and as frequently as you choose to without any restrictions.
In doing so, you must make sure you don’t violate any of the tenant’s rights. For instance, the rent increase must not be borne out of discrimination based on any of the tenant’s protected classes.
5. Landlord Entry
A landlord must respect the tenant’s privacy when looking to access their rented premises. For non-emergencies, the landlord must serve the tenant with an advance notice of at least 72 hours.
No notice is required to enter for emergencies or for repairs requested by the tenant.
Conclusion
This guide offered important basics of the Virginia landlord-tenant laws that every landlord within the state should know.
If you have a question or are looking to hire a property manager for a hands-off landlording experience, look no further than Abrams Realty.
We make property management a seamless and rewarding experience for property owners in Virginia Beach. Get in touch to get started!
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.
