Key Takeaways
- Know How Rental Agreements Work – In Virginia, a written lease agreement isn't just a document. It can be created when a tenant signs a rental or lease agreement, pays rent, or even through a verbal agreement. Once that happens, both property owners and tenants have specific rights and obligations to follow within Virginia law.
- Clear Communication is Key – A Virginia property owner needs to share important details about the rental property before a tenant moves in, such as lead-based paint disclosures (for older homes), mold presence, and utility arrangements. Providing this information upfront helps create a smooth rental experience and follow the landlord-tenant law.
- Both Landlords and Tenants Have Rights – Tenants have the right under the Residential Landlord and Tenant Act to a safe, well-maintained home and fair treatment, while landlords can collect a security deposit of up to two months' rent and adjust it with proper notice. Understanding these rights that have to do with a security deposit or rent payment helps maintain positive landlord-tenant relationships.
- Following the Virginia Landlord-Tenant Law Makes Renting Easier – Virginia has a clear landlord-tenant law that outlines responsibilities for both parties for things such as a security deposit or rent payment. Staying informed ensures a seamless rental process. Need expert guidance? KRS Lynchburg is here to help with professional rental management solutions.
At KRS Lynchburg, we understand that being a successful Virginia property owner means staying compliant with all relevant local Virginia landlord-tenant laws. These landlord-tenant regulations automatically take effect once a rental agreement is established between you and your tenant.
In Virginia, a lease agreement can be formed in one of three ways: when a tenant signs a written lease, pays rent in exchange for occupancy and perhaps pays a security deposit, or enters into a verbal agreement. Once any of these occur, both the landlord and tenant gain specific rights and responsibilities under Virginia's Residential Landlord and Tenant Act and Virginia's Fair Housing Act.
Required Landlord Disclosures in Virginia
As a Virginia residential landlord, there is certain information that you are legally bound to disclose to a tenant before they can move into a rental property. The following are the rental disclosures in Virginia.
- Lead-based paint concentrations for homes built before 1978.
- A written checklist of the dwelling unit's move-in condition.
- A statement containing the tenant's rights and responsibilities that accompanies every new lease.
- All fees the tenant is liable for under the lease, including security deposits.
- The names and addresses of the owner and the party tasked with managing it (if applicable).
- If the dwelling unit is located near a military institution or community development.
- If any parts of the drywall are defective.
- If you have any actual knowledge that the rental has been used to manufacture methamphetamine.
- Disclosure on how utilities are going to be shared among tenants living in a multi-unit building or multifamily residential structure.
- Disclosure of any demolition plans within the next six months after the tenant moves in.
- A disclosure on the presence of mold before the tenant moves in or any other dwelling unit issues.
Virginia Tenant Rights and Obligations
The following are some of the basic tenant rights in the state of Virginia that are gained after establishing a lease term with a landlord. A right to:
- Lease termination if they have a legally justified reason, such as starting active military service or domestic violence victim status, and tell a landlord prior to leaving.
- Live in a habitable rental property that meets the state's safety, health, and building codes.
- A fair eviction process in case of a lease violation, like nonpayment of rent, but not move personal belongings before the unlawful detainer.
- The return of part or all of the security deposit after moving out. The refund of the security deposit must be done within 45 days.
- Terminate a periodic tenancy, such as a month-to-month lease or rental agreement, after serving appropriate advance written notice.
- An appropriate advance notice before a rent payment increase.
- Fair treatment as per the state's Fair Housing Laws as monitored by The Department of Housing and Urban Development.
- A 72-hour advance written notice is required before landlord entry.
- Be provided with the aforementioned disclosures.
When it comes to responsibilities, Virginia tenants are obligated to do the following as per Virginia landlord-tenant law.
- Keep the dwelling unit safe and sanitary.
- Comply with all applicable building and housing codes in regards to health and safety.
- Use the provided appliances, facilities, and utilities reasonably.
- Pay for utility services promptly as per the terms of the written rental agreement.
- Abide by the cleanliness standards.
- Prevent mold growth by preventing moisture accumulation in the unit or multifamily dwelling units.
- Get rid of trash and garbage.
- Not cause deliberate or negligent rental unit damage.
- Not cause disturbance to other tenants.
- Not tamper with the functioning of smoke and carbon monoxide detectors.
Have questions about rental laws or property management?
Virginia Landlord Rights and Obligations
Landlords in Virginia enjoy the following rights after establishing lease terms with a tenant. As defined by Virginia law, a landlord may:
- Evict a tenant if the tenant fails to abide by the terms of the lease agreement, such as causing negligent rental housing damage.
- Charge tenants a security deposit of up to 2x the monthly rental amount.
- Terminate a periodic written rental agreement after serving the appropriate advance notice.
- Raise the rental amount by whatever amount after meeting the advance notice requirements.
- Enter a tenant's rented premises after serving the mandatory 72-hour advance notice.
- Draft a legal lease agreement and enforce its terms.
When it comes to responsibilities, as a Virginia landlord, you're obligated to do the following.
- Make needed or required repairs within 14-21 days after receiving proper notification from tenants.
- Follow the due eviction process when removing a tenant from the rental property, and only if the tenant fails to abide by the lease agreement.
- Only make legitimate deductions from a tenant's security deposit when returning it.
- Serve the tenant appropriate advance written notice before lease termination.
- Serve the tenant appropriate advance notice before increasing rent.
- Abide by the Fair Housing Act in all residential landlord and tenant interactions.
- Enter a tenant's rented premises after serving 72 hours of advance notice.
- Provide the tenant with the required disclosures before allowing them to move in.
An Overview of the Virginia Landlord-Tenant Laws
Landlord Entry
Landlords have a right to enter their tenants' rented premises. Under the Virginia Residential Landlord and Tenant Act, landlords may enter a rental property legitimately for any of the following reasons.
- To inspect the single or condominium unit.
- To respond to a repair request.
- To respond to an emergency.
- To present the rental to prospective renters or buyers.
Before entering the rental property, however, a landlord must meet certain requirements. First, the landlord must provide the tenant with the appropriate advance notice. That is, 72 hours of advance notice. Secondly, landlords must do so during normal business hours or as agreed and not touch any personal property.
Fair Housing Act in Virginia
The Virginia Fair Housing Act requires landlords to treat tenants fairly, equally, and respectfully, regardless of certain protected classes. The classes include race, color, religion, national origin, sex, age, family status, income source, gender identity, sexual orientation, military status, or disability. Unfair treatment of tenants could result in legal action through the Virginia fair housing office.
Among other scenarios, landlords must keep the act in mind when interacting with anyone in the housing industry, especially when they are marketing the rental, screening tenants, and responding to tenant requests for repairs. Otherwise, the landlord may face legal consequences for infringing on tenant rights.
Rent Increases
Though it does have security deposit and lease agreement laws, Virginia does not have rent control policies, and Virginia landlord-tenant law prohibits local jurisdictions from creating such laws. Because of this, landlords may increase rates however they want and do so as frequently as they wish.
With that in mind, if a landlord decides to increase increase the rent in order to discriminate against a protected class, the landlord may face retaliation in the form of having to pay the tenant as well as any reasonable attorney fees.
Tenant Eviction
Under Virginia landlord-tenant law, landlords may evict tenants for certain lease term violations, including failure to make rental payments after they're due, or causing negligent damage. However, you must follow a strict eviction process to stay legally compliant.
Before evicting a tenant, landlords must first obtain a court order. This would require the landlord to strictly follow a series of procedures, including serving the tenant with an eviction notice and attending the general district court hearing.
It's also important to know the proper treatment of security deposits following an eviction, so as to continue abiding by the lease terms throughout the whole process of settling this landlord tenant dispute.
Find Out Why Landlords Choose Us
Conclusion
Before renting out your residential rental, it's important to familiarize yourself with the key basics of landlord tenant rights Virginia. This can help you understand what you can and cannot do when doing your everyday duties under the Virginia landlord tenant law.
For expert help in all landlording matters in Lynchburg, get in touch with KRS Lynchburg. We're your reliable and professional partner for all your rental management needs. 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 Virginia landlord-tenant laws pertaining to management like a security deposit may change, rendering this information outdated by the time you read it.