Virginia Landlord-Tenant Law for DIY Landlords (2026)

Security deposits, late fee caps, entry notice, the new 14-day pay-or-quit notice and the unlawful detainer timeline in Virginia, in plain English for landlords who manage their own rentals.

Last updated September 23, 2026

Virginia runs almost every residential rental through one statute, the Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq). There is no small-landlord carve-out. The Act reaches single-family and multifamily units, applies in every city and county, and overrides local ordinances on landlord and tenant relations (§ 55.1-1201).

One thing changed this year. As of July 1, 2026, the pay-or-quit notice went from 5 days to 14. If your notice template still says five days, replace it today.

Here is what a Virginia landlord has to get right, with the code section behind each rule.

Security deposits

The cap is two months' rent. No landlord may demand or receive a deposit worth more than two months of periodic rent (§ 55.1-1226).

You have 45 days to return it. The clock runs from the termination date of the tenancy or the day the tenant moves out, whichever is later. Deductions have to be itemized in writing and sent with whatever balance is owed (§ 55.1-1226).

Deductions during the tenancy need their own notice. If you take money out of the deposit mid-lease, tell the tenant in writing within 30 days of making that determination (§ 55.1-1226).

Do a move-in report within five days. Within five days after the tenant takes occupancy, give them a written report itemizing existing damage. The report stands as correct if the tenant does not object in writing within five days of getting it (§ 55.1-1214).

Inspect within 72 hours of move-out. The tenant has a right to be present. You have to tell them so in writing, either when you ask them to vacate or within five days of getting their notice to leave (§ 55.1-1226).

No interest is required. The statute carries no obligation to pay interest on a deposit you hold.

The penalty for a willful failure. A court can order the whole deposit returned, plus actual damages and reasonable attorney fees (§ 55.1-1226).

Late fees

Ten percent, and no more. A late charge cannot exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance the tenant owes. The charge has to be written into the rental agreement before you can collect it (§ 55.1-1204).

Where there is no written agreement, the statute fills the gap. Rent is due on the first and counts as late after the fifth (§ 55.1-1204).

Rent increases and rent control

Virginia has no rent control statute and no cap on how much you raise rent. Localities cannot write their own version. The Act supersedes local ordinances on landlord and tenant relations and cannot be modified by any governing body (§ 55.1-1201).

The Act sets no notice period for an increase itself. On a fixed term, raise at renewal. On a month-to-month, give the same 30 days the statute requires to end the tenancy and make the new rent start on a rent due date.

Entering the unit

72 hours for routine maintenance. For routine work the tenant did not request, give at least 72 hours' notice. The work has to happen within 14 days of that notice, and the notice has to state the last day the work might be done (§ 55.1-1229).

Emergencies are different. You can enter without consent in an emergency, meaning a condition that needs fixing inside 24 hours. You cannot abuse that right or use entry to harass a tenant (§ 55.1-1229).

Temporary relocation takes 30 days' notice. If a non-emergency condition means the tenant has to move out so you can fix it, you give 30 days' written notice and cover a comparable unit or hotel for up to 30 days, at no cost to them (§ 55.1-1229).

Ending a month-to-month tenancy

Either side ends a month-to-month with written notice served at least 30 days before the next rent due date. A week-to-week takes 7 days. A lease can set a different notice period (§ 55.1-1253).

If a tenant holds over without your consent, you can sue for possession and recover actual damages, attorney fees and costs. A lease can set liquidated damages of up to 150 percent of the daily rent for each day past the end date (§ 55.1-1253).

When rent isn't paid

Serve a written notice telling the tenant the rent is unpaid and that you intend to end the rental agreement if it is not paid within 14 days. Wait out the 14 days. Then you can terminate and file for possession (§ 55.1-1245).

This is the July 1, 2026 change. The old window was five days.

The eviction (unlawful detainer) process

File. You file a summons for unlawful detainer in the general district court for the county or city where the property sits (§ 8.01-126).
Serve. The summons has to be served at least 10 days before the return date (§ 8.01-126).
First hearing. For a VRLTA tenancy the first return date is set as soon as practicable and no more than 21 days from filing, stretching to 30 days if the docket forces it (§ 8.01-126).
Redemption. The tenant can pay everything claimed on the summons, including rent, damages, late charges and court costs, at or before the first return date and stop the case. After that, they can still pay up to 48 hours before the scheduled eviction (§ 55.1-1250).
Appeal window. Either side has 10 days to appeal a district court judgment to circuit court, heard fresh (§ 16.1-106).
Writ of eviction. An order of possession stays valid for 180 days. The sheriff serves notice of the date and time at least 72 hours before executing the writ, carries it out within 15 days of receiving it, and no later than 30 days from issuance (§ 8.01-470).
The tenant's belongings. After the eviction, the tenant has 24 hours to collect personal property left behind (§ 55.1-1255).

Two things that will cost you

No self-help. You cannot take back a unit by cutting off a utility the lease requires or by locking the tenant out without a court order for possession (§ 55.1-1252). A willful lockout, service shutoff or act that makes the home unsafe exposes you to actual damages plus the greater of $5,000 or four months' rent, plus attorney fees (§ 55.1-1243.1).

No retaliation. Raising rent, cutting services, threatening a possession action or ending a tenancy after a tenant complains to a housing authority, sues you, testifies against you or joins a tenants' organization is retaliatory conduct (§ 55.1-1258). A version taking effect January 1, 2027 widens the protected acts to include complaints made to a news or media outlet.

Repairs and habitability

You have to meet building and housing codes that materially affect health and safety, make repairs to keep the home fit and habitable, keep electrical, plumbing, heating and cooling systems working, supply running water and heat in season, control moisture and mold, and certify smoke alarms every year (§ 55.1-1220).

The short version

Deposit cap of two months, returned within 45 days with an itemized written statement
Move-in report within five days, move-out inspection within 72 hours with the tenant invited
Late fee capped at 10 percent, and only if it is in the lease
No rent control and no cap on increases
72 hours' notice for routine maintenance the tenant did not ask for
30 days' written notice to end a month-to-month, tied to the next rent due date
14-day written pay-or-quit notice before you file, as of July 1, 2026
First hearing inside 21 days, 10-day appeal window, 72-hour sheriff notice before the writ

Let Taz handle the paperwork

Taz is an AI property manager for landlords who would rather not live in the code books. It tracks the 45-day deposit clock, sends rent reminders, takes maintenance requests day and night, and keeps the records a Virginia general district court judge would ask for, at a flat monthly price per door instead of a cut of your rent. See how Taz works.

Where this guide says a state has no rule on something, that means we found no statute setting one, which is not the same as none existing. Local ordinances and court practice can add requirements. Confirm anything you plan to rely on.

This guide is general information, not legal advice. Laws change, and your city or county may add rules. Talk to a Virginia attorney before acting on a specific situation. Last checked September 2026.