Renting in Virginia
Your rights as a tenant in Virginia
In Virginia, the security deposit can be up to 2 months of rent. What state law says about your deposit, the notices you must get, repairs and eviction. Every rule comes with its citation and the text of the law.
Key numbers in Virginia
- Maximum deposit
- Up to 2 months of rent
- Va. Code §55.1-1226(A)
- To return your deposit
- 45 days
- Va. Code §55.1-1226(A)
- Notice for late rent
- 14 days
- Va. Code §55.1-1245(F)
What the law says
The rules, one by one
The basic rules for renting in Virginia, answered with state law and its citation.
Tap “What the law says” to read the exact text and see where it comes from.
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How much can they charge for a deposit?
Up to 2 months of rent
A landlord may not demand or receive a security deposit, however it is named, of more than two months' rent.
What the law says · Va. Code §55.1-1226(A)
“No landlord may demand or receive a security deposit, however denominated, in an amount or value in excess of two months' periodic rent.”
Source: Virginia General Assembly (Code of Virginia) · Verified on October 23, 2026
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When must they return my deposit?
45 days
Within 45 days after the tenancy ends or you vacate, whichever is later, the landlord must give you an itemized written notice of any deductions together with any amount due to you.
What the law says · Va. Code §55.1-1226(A)
“The security deposit and any deductions, damages, and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due to the tenant, within 45 days after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last.”
Source: Virginia General Assembly (Code of Virginia) · Verified on October 23, 2026
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If I fall behind on rent, what notice must I get?
14 days
If you owe rent, the landlord must serve a written notice giving you 14 days to pay; if you do not pay within that time, the landlord may end the rental agreement and seek possession in court.
What the law says · Va. Code §55.1-1245(F)
“If rent is unpaid when due, and the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the 14-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in § 55.1-1251.”
Source: Virginia General Assembly (Code of Virginia) · Verified on October 23, 2026
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How much notice ends a month-to-month rental?
30 days
In a month-to-month tenancy, you or the landlord may end it with written notice at least 30 days before the next rent due date, unless the rental agreement sets a different period. Week to week, the notice is 7 days.
What the law says · Va. Code §55.1-1253(A)
“The landlord or the tenant may terminate a week-to-week tenancy by serving a written notice on the other at least seven days prior to the next rent due date. The landlord or the tenant may terminate a month-to-month tenancy by serving a written notice on the other at least 30 days prior to the next rent due date, unless the rental agreement provides for a different notice period.”
Source: Virginia General Assembly (Code of Virginia) · Verified on October 23, 2026
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Are there limits on late fees?
A landlord may charge for late rent only if the written rental agreement provides for it, and the charge may not exceed 10 percent of the periodic rent or 10 percent of the remaining balance you owe, whichever is less.
What the law says · Va. Code §55.1-1204(E)
“A landlord shall not charge a tenant for late payment of rent unless such charge is provided for in the written rental agreement. No such late charge shall exceed the lesser of 10 percent of the periodic rent or 10 percent of the remaining balance due and owed by the tenant.”
Source: Virginia General Assembly (Code of Virginia) · Verified on October 23, 2026
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How much notice before a rent increase?
60 days
If your landlord owns more than four rental units in Virginia and your lease can be renewed or renews on its own, they must tell you in writing of any rent increase for the next term at least 60 days before your lease ends. This does not apply to a month-to-month tenancy that began when an earlier lease ran out.
What the law says · Va. Code §55.1-1204(K)
“K. A landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth shall provide written notice to any tenant who has the option to renew a rental agreement or whose rental agreement contains an automatic renewal provision of any increase in rent during the subsequent rental agreement term. Such landlord shall also provide written notice of nonrenewal to any tenant. Such notices shall be provided to the tenant no less than 60 days prior to the end of the rental agreement term. This subsection shall not apply to any periodic tenancy created pursuant to subsection C of § 55.1-1253 .”
Source: Virginia General Assembly – Code of Virginia (Virginia Residential Landlord and Tenant Act) · Verified on November 6, 2026
Protections
Protections the law gives you
We show only what state law says, with its citation. Your city may give you more protections.
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Only a court order can remove you
Yes: state law says so
A landlord may not take back the home by willfully cutting an essential service or refusing you access, except under a court order for possession. If it happens, you may petition the general district court for an urgent order (hearing within 5 days) and damages of $5,000 or four months' rent, whichever is greater.
What the law says · Va. Code §55.1-1252
“A landlord may not recover or take possession of the dwelling unit (i) by willful diminution of services to the tenant by interrupting or causing the interruption of an essential service required by the rental agreement or (ii) by refusal to permit the tenant access to the unit unless such refusal is pursuant to a court order for possession.”
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Protection from retaliation
Yes: state law says so
A landlord may not raise rent, cut services, sue for possession or end your rental agreement in retaliation because you complained to a housing-code agency, filed a complaint or action under this law, joined a tenants' organization or testified against the landlord. You may raise it as a defense to an eviction.
What the law says · Va. Code §55.1-1258(A)
“a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession or by causing a termination of the rental agreement pursuant to § 55.1-1253 or 55.1-1410 after he has knowledge that (i) the tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health or safety, (ii) the tenant has made a complaint to or filed an action against the landlord for a violation of any provision of this chapter, (iii) the tenant has organized or become a member of a tenant's organization, or (iv) the tenant has testified in a court proceeding against the landlord.”
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Repair and deduct from the rent
Yes: state law says so
If a serious condition (such as no heat, water or electricity, or a rodent infestation) is not fixed within 14 days of your written notice, you may hire a licensed contractor and deduct the actual cost from rent, up to one month's rent or $1,500, whichever is greater, after giving an itemized statement with receipts.
What the law says · Va. Code §55.1-1244.1(C)
“A tenant who contracts with a third-party licensed contractor or pesticide business is entitled to recover the actual costs incurred for the work performed, not exceeding the greater of one month's rent or $1,500. Unless the tenant has been reimbursed by the landlord, the tenant may deduct the actual costs incurred for the work performed pursuant to the contract with the third-party contractor or pesticide business after submitting to the landlord an itemized statement accompanied by receipts for purchased items and third-party contractor or pest control services.”
Eviction
How an eviction works in Virginia
Step by step, with the time periods the law sets. No landlord can skip the court.
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Written 14-day notice to pay (or 30 days for another breach, with 21 to cure)
at least 14 days
What the law says · Va. Code §55.1-1245(F)
“If rent is unpaid when due, and the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the 14-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises”
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Unlawful detainer summons; first hearing within 21 days of filing, served at least 10 days before
10 to 21 days
What the law says · Va. Code §8.01-126(B)
“If the summons for unlawful detainer is filed to terminate a tenancy pursuant to the Virginia Residential Landlord and Tenant Act (§ 55.1-1200 et seq.), the initial hearing on such summons shall occur as soon as practicable, but not more than 21 days from the date of filing. If the case cannot be heard within 21 days from the date of filing, the initial hearing shall be held as soon as practicable, but in no event later than 30 days after the date of the filing. … Such summons shall be served at least 10 days before the return day thereof.”
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Paying everything owed (rent, charges, fees and costs) by the court date ends the case
What the law says · Va. Code §55.1-1250(C)
“In cases of unlawful detainer, a tenant, or any third party on behalf of a tenant, may pay the landlord or the landlord's attorney or pay into court all (i) rent due and owing as of the court date as contracted for in the rental agreement, (ii) other charges and fees as contracted for in the rental agreement, (iii) late charges contracted for in the rental agreement and as provided by law, (iv) reasonable attorney fees as contracted for in the rental agreement and as provided by law, and (v) costs of the proceeding as provided by law, at which time the unlawful detainer proceeding shall be dismissed, unless there are bases for the entry of an order of possession other than nonpayment of rent stated in the unlawful detainer action filed by the landlord.”
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Appeal to circuit court within 10 days
up to 10 days
What the law says · Va. Code §8.01-129(A)-(B)
“The appeal shall be taken within 10 days and the security approved by the court from which the appeal is taken. … In no case, however, shall the sheriff evict the defendant from the dwelling unit prior to the expiration of the defendant's 10-day appeal period.”
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Writ of eviction issued within 180 days of the judgment
up to 180 days
What the law says · Va. Code §8.01-471
“Writs of eviction, in case of unlawful entry and detainer, shall be issued within 180 days from the date of judgment for possession and shall be made returnable within 30 days from the date of issuing the writ”
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Sheriff gives at least 72 hours' notice of the eviction date and time
3 to 30 days
What the law says · Va. Code §8.01-470
“the officer to whom a writ of eviction has been delivered to be executed shall, at least 72 hours before execution, serve notice of intent to execute, including the date and time of execution … The execution of the writ of eviction by the sheriff should occur within 15 calendar days from the date the writ of eviction is received by the sheriff, or as soon as practicable thereafter, but in no event later than 30 days from the date the writ of eviction is issued.”
Free or low-cost legal help
If you get a notice or a court case, look for help early: the deadlines are short. These are official pages or pages the state courts link to.
Virginia Fair Housing Office and the protections state law adds
Virginia's Fair Housing Law bars discrimination based on race, color, religion, national origin, sex, elderliness (age 55 or older), familial status, disability, source of funds (for example, housing assistance or subsidies), sexual orientation, gender identity or military status. The Fair Housing Office investigates complaints, which must be filed in writing within one year after the practice occurred or ended.
Virginia Department of Professional and Occupational Regulation (Fair Housing Office)- VirginiaLawHelp.org: evictions guide (Virginia Poverty Law Center)guides.valawhelp2go.org
- Eviction Defense Center (Virginia Poverty Law Center)fightmyeviction.org
- Virginia courts self-help: find a lawyer or free legal aidselfhelp.vacourts.gov
- Virginia DHCD: Statement of Tenant Rights and Responsibilities (Spanish version available)dhcd.virginia.gov
Frequently asked questions
How much can a landlord charge for a deposit in Virginia?
A landlord may not demand or receive a security deposit, however it is named, of more than two months' rent. (Va. Code §55.1-1226(A))
When must a deposit be returned in Virginia?
Within 45 days after the tenancy ends or you vacate, whichever is later, the landlord must give you an itemized written notice of any deductions together with any amount due to you. (Va. Code §55.1-1226(A))
What notice is required for late rent in Virginia?
If you owe rent, the landlord must serve a written notice giving you 14 days to pay; if you do not pay within that time, the landlord may end the rental agreement and seek possession in court. (Va. Code §55.1-1245(F))
How much notice ends a month-to-month rental in Virginia?
In a month-to-month tenancy, you or the landlord may end it with written notice at least 30 days before the next rent due date, unless the rental agreement sets a different period. Week to week, the notice is 7 days. (Va. Code §55.1-1253(A))
Are there limits on late fees in Virginia?
A landlord may charge for late rent only if the written rental agreement provides for it, and the charge may not exceed 10 percent of the periodic rent or 10 percent of the remaining balance you owe, whichever is less. (Va. Code §55.1-1204(E))
How much notice before a rent increase in Virginia?
If your landlord owns more than four rental units in Virginia and your lease can be renewed or renews on its own, they must tell you in writing of any rent increase for the next term at least 60 days before your lease ends. This does not apply to a month-to-month tenancy that began when an earlier lease ran out. (Va. Code §55.1-1204(K))
A summary of state law, not legal advice. Cities may have additional rules.
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