Repairs

You have the right to a written lease.
Landlords must offer written leases. The lease is a contract stating what the landlord will do and what you as the renter will have to do. The law will generally make you follow all the terms of the lease, so make sure you clearly understand what you have agreed to do. Pay careful attention to the following items:

• How much the rent will be per month.
• How much the security deposit will be, if there is one.
• What day the rent is due and when it is considered late.
• How much is the late fee, if you are late with the payment.
• How long the lease runs; month to month, six months, a year.
• How many days advance notice you have to give if you wish to move.
• Whether the electric, heat, water and sewer are included in the rent.
• Whether a refrigerator, stove, air conditioner, or other appliances are provided by the landlord.
• What you must do to get repairs made.
• Any specific rules or other charges.
• If no written lease is offered, the law has a default lease that will apply. This is a 12-month lease with no automatic renewal. Rent is paid in 12 monthly payments due on the first of the month and late after the fifth of the month. There are no oral leases in Virginia.

You have the right to know about certain property conditions.
Landlords must reveal certain information to tenants, including:

• Any visible evidence of mold. (§55.1-1215)
• The name and address of the owner or property manager. (§55.1-1216
• If the property is in a noise or accident potential zone. (§55.1-1217)
• The existence of defective drywall. (§55.1-1218)
• If the property was used to manufacture methamphetamines. (§55.1-1219)
• Notice of sale or foreclosure of the property. (§55.1-1216, 1237)

You have the right to inspect the property at move-in and move-out.
The landlord has the right to ask for a security deposit. A security deposit cannot be more than two months’ rent. Within five days of move in, the landlord and tenant must do a written move-in inspection. Within five days, the tenant has the right to object to anything in the move-in report. Within three days of move out, the landlord and tenant must do a written move-out inspection.

You have the right to a refund of your security deposit at the end of your tenancy.
Within 45 days of moving out of the property, the landlord must return the deposit and/or give the tenant a written list of how the deposit was used. A deposit may be used only for unpaid rent, late fees, other charges in the lease, and damages more than reasonable wear and tear.

You have the right to receipts of your rent payments and a written statement of all charges and payments.
Upon request, a tenant is entitled to a written receipt of rent paid by cash or money order. Upon request, a tenant is entitled to a written statement of all charges and payments over the past 12 months. (§55.1-1204-D/I)

You have the right to privacy.
A landlord may not release information about a tenant without consent, except under certain conditions. (§55.1-1209).

You have the right to quiet enjoyment of the property.
Tenants have the right of “quiet enjoyment” of the property. Quiet enjoyment is a right to the undisturbed use and enjoyment, free of unreasonable inference by the landlord.

A landlord may enter a rental unit without a tenant’s consent only in an emergency. A tenant cannot unreasonably withhold consent to the landlord to enter a rental unit. A landlord may not abuse the right of access or use it to harass a tenant. Except in an emergency, a landlord must give a tenant notice of intent to enter and enter only at reasonable times. Unless it is an emergency, a landlord must give a tenant at least 72 hours’ advance notice.

You have the right to fit and habitable premises.
A tenant has the right to a fit and habitable rental unit. The landlord must make all repairs needed to keep premises fit and habitable. (§ 55.1-1220-21). For information about repairs, see The landlord has a duty to keep the premises fit and habitable.

Tenants also have the right to be notified of properly notified before pesticides are applied in the premises.

You have the right to be heard by the court before the landlord can evict you.
A landlord may not evict a tenant without following the court eviction process. For more information about the eviction steps see the Evictions page. For more information about how to stop an illegal eviction, see “My Landlord Locked Me Out or Cut Off My Utilities.”

You have the right to redemption of the property.
After an eviction lawsuit for nonpayment of rent is filed, a tenant has the right to pay to a zero balance on or before the court date and have the lawsuit dismissed. After a court issues a judgment of possession, a tenant has the right to pay to a zero balance up to two business days before the Sheriff’s eviction and have the eviction cancelled. A tenant may use one of these rights only once in a 12-month period. (§55.1-1250). For more information about how to exercise the right of redemption, see How do I prepare for court? on the Eviction and Lease Termination page.

Special rules for victims of domestic violence.
There is a special law about how you may enter into a rental agreement if you have been the victim of domestic violence. Here is the most likely situation, and how it works:

1. You have been living with someone who has abused you;
2. You are not a tenant or authorized occupant listed on the lease, but have been living there; or
3. You obtain a final Protective Order in which the judge orders the abuser to stay away from you AND gives you exclusive possession and use of the rented premises.

If you in fact want to stay living there, you can give a copy of the Protective Order to the landlord and submit an application within ten days after the Protective Order was issued to become a tenant in the same place. If the landlord decides they don’t want to accept you as a tenant, they have to give you written notice that your application was rejected. You then have 30 days after that notice to move out. If, on the other hand, you don’t, within ten days, apply to become a tenant, and don’t give the landlord a copy of the Protective Order, you have to move out no later than 30 days after the Protective Order was issued.

Special Rules for Armed Service Members.
Any member of the armed forces of the United States or a member of the National Guard serving on full-time duty or as a Civil Service technician with the National Guard may terminate the lease early if the tenant:

1. Has received permanent change of station orders to depart 35 miles or more away from the property;
2. Has received temporary duty orders in excess of three months’ duration to depart 35 miles or more away from the property;
3. Is discharged or released from active duty with the armed forces of the United States or from his full-time duty or technician status with the National Guard; or
4. Is ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters.

A tenant who meets this critera may end the lease early by giving written notice to the landlord at least 30 days before the next rent payment is due. The lease end date cannot be more than 60 days before the military depature orders. The tenant must also give the landlord a copy of the official  nootification of the orders or a signed letter letter confirming the order from the tenant’s commanding officer. The landlord must prorate the final rent payment to the date of termination and cannot charge any liquidate damages.