Laws by state / Virginia

Virginia landlord and tenant rules

The figures that decide most disputes between Virginia landlords and tenants, each with a calculator and the statute behind it.

RuleVirginiaStatuteTool
Maximum security depositTwo months' periodic rentVa. Code § 55.1-1226Deposit rules
Deposit return deadlineItemized statement and refund within 45 days after termination of the tenancy or the date the tenant vacates, whichever occurs lastVa. Code § 55.1-1226Deposit rules
Interest on the depositNot requiredVa. Code § 55.1-1226
Maximum late feeLesser of $null or 10% after a 5-day grace periodVa. Code § 55.1-1204(E); § 55.1-1204(C)(5)Late fee calculator
Landlord notice, month-to-month30 daysVa. Code § 55.1-1253; § 55.1-1245(F)Notice calculator
Tenant notice, month-to-month30 daysVa. Code § 55.1-1253; § 55.1-1245(F)Notice calculator
Rent increase notice30 daysVa. Code § 55.1-1253; § 55.1-1245(F)Notice calculator
Pay-or-quit notice14 daysVa. Code § 55.1-1253; § 55.1-1245(F)Notice calculator
Rent increase capNone statewide

Security deposits in Virginia

Virginia limits security deposits to two months' periodic rent. The deposit must be returned itemized statement and refund within 45 days after termination of the tenancy or the date the tenant vacates, whichever occurs last, with an itemised list of any deductions. No interest is owed on the deposit under state law. Interest on deposits is no longer required (requirement repealed effective 2015). Deductions made during the tenancy must be itemized within 30 days; tenant may request a move-out inspection within 72 hours of delivering possession. Full deposit rules and move-out checklist.

Late fees in Virginia

Virginia caps late fees at the lesser of $0.00 or 10% of the monthly rent. Rent must be at least 5 days late before any fee may be charged. Calculate the maximum fee.

Notice periods in Virginia

A Virginia landlord must give 30 days’ written notice to end a month-to-month tenancy, and the tenant must give the same. A rent increase needs 30 days’ notice. For nonpayment, the landlord must serve a 14-day notice to pay or quit before filing for eviction. Calculate the effective date of a notice.

Sources

Frequently asked questions

How much can a landlord charge for a security deposit in Virginia?

Two months' periodic rent. Interest on deposits is no longer required (requirement repealed effective 2015). Deductions made during the tenancy must be itemized within 30 days; tenant may request a move-out inspection within 72 hours of delivering possession.

What is the maximum late fee for rent in Virginia?

Lesser of $null or 10%. Late charge must be in the written rental agreement and may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due. Rent paid after the fifth day of the month may incur a late charge (§ 55.1-1204(C)(5), the statutory default term), giving an effective 5-day grace period.

How much notice does a landlord have to give a tenant to move out in Virginia?

30 days’ written notice for a month-to-month tenancy. At least 30 days' written notice before the next rent due date by either party, unless the rental agreement sets a different period (7 days for week-to-week). Multifamily owners declining to renew 20 or more (or 50% of) month-to-month tenancies within 30 days must give 60 days' notice. Nonpayment: 14-day written notice to pay or vacate; landlords owning more than four units must offer a payment plan before filing when the amount owed is one month's rent or less (§ 55.1-1245(G)).

How long is a pay-or-quit notice in Virginia?

14 days. The tenant can stop the eviction by paying the full amount within that time.

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