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Contents
Landlord Studio is an easy to use property management and accounting software designed for landlords.
Find and screen tenants, collect rent online, track income and expenses, run reports, and more - all for free.
This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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SECTION 1
According to the provisions under the Virginia Residential Landlord and Tenant Act, both tenants and landlords have some rights and certain obligations that guide their landlord-tenant relationship.
Below is a summary of some key aspects of Virginia's landlord-tenant laws.
Rights
Responsibilities
Rights
Responsibilities
Are landlords in Virginia required to give notice before entering the property?
In Virginia, landlords are required to provide tenants with 72 hours notice before entering the premises to make repairs, show the unit to prospective buyers, and more. The only exception to this is if there is an emergency, such as a fire or severe leakage. (Va. Code Ann. § 55.1-1229)
Are landlords allowed to enter the property to conduct maintenance and repairs?
Yes, as long as they give the renters enough warning, landlords are allowed to access rental properties to carry out maintenance and repairs. (Va. Code Ann. § 55.1-1229)
Landlords can only charge a late payment fee from a tenant if it is stipulated in the lease agreement.
There's a cap on how much landlords can charge for late payment of rent. The late fee for rent can't be higher than 10% of your monthly rent payment or 10% of the amount you still owe after missing a payment, whichever is lesser. (Va. Code Ann. § 55.1-1204)
Source: Virginia Statement of Tenant Rights and Responsibilities
SECTION 2
The state of Virginia does not have a rent control law. Also, state law prohibits local cities or counties from enacting rent control policies.
Consequently, landlords have maximum freedom when it comes to rent increases. However, they are expected to, out of courtesy, provide prior notice to tenants before increasing rent.
Landlords in Virginia typically give the following notice when raising rent:
There are certain situations where it would be illegal for landlords to raise rents under Virginia Rent Increase laws. Some of these are the following:
Source: Federal Fair Housing, Virginia Fair Housing Law.
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SECTION 3
Virginia law recognizes and accepts both oral and written lease as a form of rental agreement.
According to Virginia's landlord-tenant law, a rental agreement in the majority of states (including Virginia) contains the terms and conditions set forth by the landlords for renting their property.
In general, if the tenancy is anticipated to last longer than 12 months, a formal rental agreement must be created; nevertheless, using a written lease is always advised, regardless of the length of the lease.
Virginia law mandates that the name and address of the property owner be included in a rental agreement. Apart from that, the landlord is free to include as many terms as they feel fit for their rental agreement.
The following is a summary of the most typical language found in written rental agreements in Virginia:
Source: Virginia Tenant Landlord Handbook
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SECTION 4
Landlords are permitted by Virginia landlord-tenant law to collect a security deposit from their tenants. These security deposits protect against unforeseen expenses such as damages exceeding normal wear and tear, default rent bills, and insurance against any lease agreement violations.
There's a limit to the maximum amount a landlord can demand as a security deposit in Virginia. A landlord may only charge a renter a maximum of two months' rent as a security deposit. (Va. Code Ann §55.1-1226)
Virginia landlords are allowed to charge an additional pet deposit if a tenant wants to bring a pet onto their rented property. This fee, however, can't be changed for service pets in compliance with the Americans with Disabilities Act and Federal Fair Housing Laws.
Typically, a pet deposit usually falls within the $200 to $500 range. However, the entire security deposit that a landlord is allowed to collect cannot be more than the two-month maximum.
According to the Virginia code, landlords are allowed to take money out of a tenant's security deposit for a variety of reasons.
Here are some of the acceptable reasons for security deposit deductions:
When it comes to holding a tenant's security deposit, Virginian landlords are not required to follow any particular regulations.
In Virginia, landlords are required to return a tenant's security deposit 45 days after the tenant's move-out date.
In the event that the landlord made some deductions in the deposit, an itemized statement must be included with the remaining portion of the deposit when it is returned. The amount of the security deposit and the deductions that were made must be included in the statement.
Virginia's law no longer mandates landlords place a tenant's security deposit in an interest-accruing account. This will only apply if it is agreed upon in writing by you and your tenant and is a requirement of the lease or rental agreement.
Source: (Va. Code Ann. § 55.1-1226)
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SECTION 5
To legally evict a tenant from a rental property in Virginia, landlords must follow certain reasons. These grounds, which are referred to as "Grounds for Eviction in Virginia," cover a range of circumstances.
Rent nonpayment is the first offense. After giving the required Virginia notice to quit, the landlord may begin the eviction process if a tenant doesn't pay their rent.
A breach of the conditions of the lease is another reason. The landlord may seek eviction if a tenant violates any of the terms of the lease, including bringing in unapproved pets or making loud noises.
Taking part in unlawful activity is another reason to deny someone their home. The landlord may proceed with eviction if a tenant engages in unlawful activities, such as drug usage or criminal activity, on the rented property.
Moreover, damage to property that goes beyond typical wear and tear is another reason to be evicted. The landlord may file for eviction and take legal action if a renter seriously damages the property.
In Virginia, another reason for eviction is the expiration of a lease. The landlord may begin the eviction process if a lease has ended and the tenant is still residing on the property without a new agreement.
It is imperative that landlords adhere to the correct legal protocols and grant the mandatory notice period prior to initiating the eviction process. If this isn't done, there may be an unauthorized eviction and related legal repercussions.
The notice required for an eviction in Virginia depends on the reason for the eviction and the type of tenancy. Below is a summary of Virginia eviction notice requirements:
Here is a summary of the Virginia eviction process:
Source: Virginia Residential Landlord and Tenant Act
SECTION 6
Under the Virginia Residential Landlord and Tenant Act, rental application fees are considered nonrefundable and are required in order for a landlord to consider you as a renter.
A landlord is only allowed to collect an application fee up to a maximum of $50. However, the application cost cannot exceed $32 if the housing unit is governed by regulations set forth by the Department of Housing and Urban Development.
The landlord or management agent may charge these costs for doing credit, background, or other pre-occupancy checks on the applicant. In essence, a landlord is free to include any questions they choose in a Virginia rental application, but these inquiries must not be deemed to discriminate against prospective tenants.
Source: (Va. Code Ann. § 55.1-1203)
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SECTION 7
While both tenants and landlords can break the terms of a lease, there are certain penalties that come with doing so. However, there are certain situations where it can be justified for either party to legally break the lease agreement.
This provision, which some landlords include, enables a renter to lawfully end their lease early. Tenants, however, are required to fulfill specific conditions.
Giving prior notice, usually 30 days in advance, is one of those criteria. This gives the landlord enough time to re-lease the property. The other condition is paying an early termination charge, which is often equal to two months' worth of rent.
The Servicemembers Civil Relief Act allows tenants who are deployed and currently serving in the armed forces to terminate their lease early.
Nevertheless, a tenant is required by the act to fulfill a number of obligations, such as presenting a copy of the relocation letter and documentation proving they plan to continue their active duty for the following 90 days or longer.
The lease won't expire immediately, even if they present all the documentation. It shall expire 30 days from the start of the subsequent rent cycle following delivery of the written notice.
It is the landlord's responsibility to give their renter a livable rental home. In the event that the landlord fails to comply with this requirement, the tenant may choose to take advantage of any available legal remedies, including ending the lease by giving a 30-day notice in advance. (Va. Code Ann. § 55.1-1234.1)
Another valid justification for violating a lease can be landlord harassment. Some of the following behaviors may qualify as landlord harassment:
Under Virginia law, victims of criminal assault or abuse are entitled to certain protections. Tenants must give their Virginia landlord 30 days' notice in writing to terminate the lease, along with a copy of the protection order. (Va. Code Ann. § 55-225.16)
Tenants in Virginia are not legally protected from fines for early lease termination for the reasons listed below:
Source: (Va. Code Ann. § 55.1-1308)
Either party may terminate a rental agreement with a term of 60 days or more by giving written notice to the other at least 60 days prior to the termination date; however, the rental agreement may require a longer period of notice. (Va. Code Ann § 55.1-1308)
SECTION 8
Below are some Virginia HOA laws that govern the creation and operation of HOAs in the state.
In Virginia, the creation and operation of homeowners' associations are governed by the Property Owners Association Act (POAA).
It describes procedures for collecting association fees, holding meetings, and enforcing rules and regulations. It also specifies the rights and duties of the association and property owners. The laws also include procedures for resolving conflicts and provide legal action for noncompliance.
The formation and operation of condominium organizations are governed by this regulation. All horizontal property regimes, condominiums, condominium-related projects, and other developments started after July 1st, 1974 are covered by it.
Since the majority of HOAs in Virginia are nonstock corporations by incorporation, their organizational structure and operating operations are regulated under the Nonstock Corporation Act. It addresses a number of subjects, including the association's authority to hold meetings and sell its property.
The board of directors and the common interest community ombudsman are established by this Act. It also includes information on manager license requirements.
This act prohibits homeowner associations in Virginia from preventing homeowners from installing their own solar energy-gathering equipment on their property unless the community association specifically states as much in its recorded statement.
The only restrictions that can be placed on the size, positioning, and arrangement of gadgets are sensible ones.
Grievances from HOA members and non-members are addressed by the Virginia Common Interest Community Ombudsman Regulations. This law requires community associations in the state to set up procedures for receiving and reviewing complaints.
It is broken down into four pieces and may be found in Title 18, Chapter 70 of the Virginia Code.
Procedures for collecting debt in the state of Virginia are governed by the Virginia Debt Collection Act. The National Fair Debt Collection Practices Act (FDCPA) is analogous to it.
This law forbids debt collectors from using unfair, abusive, or deceptive methods in their pursuit of debt recovery. Under the FDCPA, homeowners are protected consumers and unpaid HOA assessments are treated as debts.
However, the HOA is not typically categorized as a debt collector. This is usually the case for homeowner associations that use authorized management companies to handle debt collection.
Source:
SECTION 9
According to Virginia's adverse possession rules, a squatter must fulfill a number of requirements in order to effectively assert adverse possession. The essential prerequisites are:
Occupying the property for 15+ years
For a minimum of fifteen years, the squatter is required to retain actual, exclusive, and continuous possession of the property. A brief leave from the land won't affect the squatter's possessions, but they must stay there for the majority of the 15 years.
Actual possession
The land must be physically occupied by the squatter, who must then use it as their own. It is not true possession to merely cross the land or camp there from time to time.
Hostile possession
It must be hostile possession, which denotes that the owner is not consulted. The squatter must occupy the land in an open manner, in opposition to the legitimate owner's rights.
Exclusive possession
It is forbidden for the squatter to share their belongings with others, including the owner. The only person asserting ownership rights is the adverse possessor.
Visible possession
Anyone must be able to tell that the squatter is the only one utilizing and inhabiting the land. They have no choice but to announce their occupation.
Continuous possession
The squatter's occupancy cannot be extended beyond a short time. They have to live on the property on a regular basis and not take long vacations. Sporadic, irregular uses of the property will not be acceptable, under Virginia squatters rights.
Source
SECTION 10
Below, you’ll find some helpful Virginia landlord–tenant law resources:
DISCLAIMER: This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
