Virginia Rental Laws – An Overview of Landlord Tenant Rights in Virginia Beach

By Jason | September 23, 2021

Landlords and tenants in Virginia must abide by the Virginia landlord-tenant law. Virginia law outline the most essential details of the landlord-tenant relationship, from security deposits to each party’s rights and duties.

If you’re just getting started as a Virginia residential landlord or simply want to learn more, here’s everything a landlord needs to know about local landlord-tenant laws and the Virginia landlord-tenant law.

What are the Required Disclosures in Virginia?

Before signing a written lease, a Virginia residential landlord has to make certain information known to their tenant.

These disclosures are outlined in the Virginia Residential Property Disclosure Act and include essential details about the dwelling unit, including rent terms, that the landlord must provide to ensure transparency.

Mold Presence: If the landlord has a mold issue in the property, then the landlord must make that information known to the tenant before signing a lease.
Lead Paint Presence: Exposure to lead can be a health hazard. For this reason, the landlord must let a prospective tenant know if your rental has lead paint beforehand.
Defective Drywall: Also known as ‘Chinese drywall’, this material can emit dangerous levels of sulfur-bearing gases. So, if the rental has them, the landlord must let interested applicants know.
Sale of Property: Are you a landlord looking to sell your rental soon? If so, you must let your tenant know of your intention to do so.
Property Changes: If you’re looking to make significant changes or even planning to demolish your unit in the near future, the landlord must let the tenant know of your plans.
Flood Risk: If your rental is located in a dam break inundation zone or any other flood hazard area, you should disclose this.
Nearby Sex Offenders: If anyone living in the surrounding area is on the sex offender registry, you must make this known.

This signed disclosure doesn’t actually have to include all the information above – at minimum, you need to state that you ‘make no representations about’ each item.

This means the tenant will be duties for their own due diligence and research, including understanding the lease terms and ensuring the landlord’s rent aligns with their expectations.

Virginia Tenant Rights & Responsibilities

The Virginia landlord-tenant law outlines tenants’ rights. Some Virginia tenants rights include the right to:

Live in a unit that meets all the applicable health, safety and building codes.
Live in peace and quiet without unreasonable disruptions from neighbors or the landlord.
Continue living in their rented unit until the lease ends, or until the landlord has followed the due eviction process.
Be given proper notice if the landlord wants to make changes to the terms of the lease or rental agreement.
Be treated respectfully and fairly as per the Virginia Fair Housing Act.
Have needed repairs done within a reasonable amount of time.
Have the right to action if the landlord fails in their duties.
Be served proper notice when the landlord needs to enter their premises.

When it comes to responsibilities, Virginia tenants are responsible for:

Abiding by all terms of the lease agreement, such as to pay rent on time.
Taking care of their rented premises in accordance with the lease agreement.
Notifying the landlord of any maintenance issues that crop up.
Notifying the landlord if they plan to leave for an extended period of time.
Serve the landlord proper notice when looking to move out.

Landlord Responsibilities and Rights in Virginia

A landlord also has certain rights under the Virginia Residential Landlord and Tenant Act. They have a right to:

Enter their rental to carry out needed repairs or to show the unit to prospective tenants, lenders or buyers.
Be served proper notice by a tenant wishing to move out.
Evict a tenant for violating the terms of the agreement, such as failure to pay rent on time.
Make changes to the lease or rental agreement as long as they notify the tenant.

Here are some of the responsibilities Virginia landlords have under the Landlord and Tenant Act.:

Abiding by the terms of the lease or rental agreement.
Following the proper eviction procedure as outlined in the Virginia landlord-tenant law.
Taking care of requested or needed repairs within a reasonable amount of time.
Ensuring the tenant can enjoy the unit in peace and quiet.
Providing the tenant with proper notice when looking to make changes to the agreement.
Meeting all basic habitable standards.
Providing a notice of at least 24 hours prior to entering a tenant’s unit.

Basic Overview of the Virginia Landlord Tenant Act

1. Landlord Entry

Can a landlord enter without permission in Virginia?

As mentioned earlier, a landlord has a right to enter their tenants’ units under certain situations. Examples of such situations include addressing rent-related issues or conducting inspections to ensure the dwelling unit is fit for rent.

To make required or requested repairs.
Under order of the court.
To show the unit to a prospective tenant, buyer or lender.
To inspect the unit for damage or compliance to the terms of the written rental agreement.
In an emergency.
If the landlord has sufficient reason to believe the tenant has abandoned their unit.

Before entering, though, Virginia landlords must first notify their tenants. Specifically, the landlord must provide your tenant with a notice of at least 24 hours prior to the entry. (Va. Code Ann. §§ 55.1-1229).

2. Fair Housing Law

Discrimination against tenants on the basis of their protected characteristics is illegal not only in Virginia but the entire country, as well.

The protected characteristics at the federal level include race, color, disability, religion, national origin, and familial status.

Virginia tenant laws also provide additional protection to tenants of certain classes, such as on the basis of marital status, age, veteran status, gender identity, and rent-related disputes or concerns, including those that may require resolving issues in court.

These protections extend to fair housing practices, ensuring all tenants have equal access to housing, regardless of the cost. Additionally, the cost of housing and rent must be fair and non-discriminatory, offering equal opportunities to all tenants.

3. Warranty of Habitability

A landlord has a duty to provide a rental property that meets all the basic living standards as outlined in the lease agreement. Among other things, that means providing a rental property that is structurally sound, clean, sanitary, and has adequate water, heat, and electricity.

4. Small Claims Courts

Virginia, just like other states, has small claims court. The maximum amount one can sue in a Virginia small claims court is $5,000.

5. Security Deposits

Although security deposits are not required by law, most landlords require their tenants to pay a security deposit prior to moving in. If the landlord requires a security deposit, the landlord must then abide by certain rules; for example, the security deposit must not exceed two months of rent.

Disclaimer: This information isn’t a substitute for professional legal advice. Laws change often and this post might not be updated at the time you read it. For expert help, kindly contact a qualified attorney with reasonable attorney fees or an experienced property management company.

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