As a tenant in Virginia, you have certain rights that protect you when renting a home. Learn more about your rights below.
You have the right to a written lease.
Your landlord has to give you a written lease. The lease is a contract that says what the landlord will do and what you, 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 are agreeing to. Pay attention to what the lease says about:
If your landlord does not give you a written lease, the law says there are lease terms that will automatically apply to your tenancy.This is a 12-month lease that does not renew automatically. Rent is due in 12 monthly payments on the first of the month and is late after the fifth of the month.
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.
You have the right to know about certain property conditions.
Your landlord has to tell you the following:
You have the right to inspect the property at move-in and move-out.
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.
Your landlord must return your deposit within 45 days of when you move out. If they want to keep some or all of it, they have tell you in writing and give you a detailed list of what they’re using it for. They should also do that within 45 days. They can only use it to cover unpaid rent, late fees, other charges in the lease, and damages to the property. Your landlord cannot keep your deposit because of regular wear and tear.
You have the right to privacy.
Your landlord cannot release information about a tenant without consent, except under certain conditions. (§55.1-1209).
You have the right to quiet enjoyment of the property.
You have the right of “quiet enjoyment” of the property. Quiet enjoyment means your landlord cannot unreasonably disturb or interfere with your use of the property.
Your landlord cannot enter your unit without your consent, unless it’s an emergency. But you cannot withhold consent if there’s a good reason your landlord needs to come in. Your landlord should not abuse the right of access or use it to harass you. 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.
You have the right to a “fit and habitable” rental unit, which means the property you rent should be safe and healthy to live in. The landlord hast to make any repairs needed to keep premises in safe and healthy condition. Learn what to do if your landlord won’t make repairs.
Your landlord should also notify you before pesticides are used on the property.
You have the right to be heard by the court before the landlord can evict you.
Your landlord cannot evict you without following the court eviction process. For more information about the steps of that process and about how to stop an illegal eviction, visit the Eviction Defense Center.
You have the right to pay and stay.
After your landlord files an eviction lawsuit for unpaid rent, you can stop the case by paying everything you owe on or before the court date. After the court date, if your landlord got permission to evict you from a judge, you have until 48 hours before the final eviction day to pay everything and cancel the eviction. You can use one of these rights only once in a 12-month period.
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:
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.
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:
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.
Tenants are also responsible for certain costs and possible damage to the property. Learn more about your responsibilities below.
Application fees and deposits
Landlords can charge you a nonrefundable application fee. It should not be more than $50, but the landlord can also charge you for the cost of paying a third party to do a background check. They can also require a refundable application deposit. If you decide not to rent the unit, they must return the deposit to you, but they can subtract costs or damages they had to pay.
Security deposit
The landlord can require you to pay a security deposit. A security deposit cannot be more than two months’ rent. Unless your landlord agrees in writing, they do not have to apply your security deposit to missed rent payments or your last months’ rent. Your landlord can sue you if you do not pay rent for each month of your lease, even if they still have your deposit.
The landlord can require you to have and pay for damage insurance instead of a security deposit. But they cannot ask you to pay for both.
Rent and late fees
Unless the lease says otherwise, rent is due in equal payments each month. If you do not pay on time, your landlord can charge you a late fee if the lease allows. The fee cannot be higher than 10% of your monthly rent, or 10% of the total unpaid amount, whichever is less.
Renter’s insurance
Your landlord can require you to have renter’s insurance if they choose.
Other fees
Your landlord can require you to pay other fees if they are listed in the lease you signed.
Your landlord has to keep the space safe and healthy for you to live in, but you also can be responsible for damage you cause to the property. The law says you should keep your rental and plumbing as clean and safe as you can.
Starting July 1, 2020, all landlords must give new tenants a Statement of Tenant Rights and Responsibilities that explains all your rights and duties as a tenant.
You should know:
Virginia Poverty Law Center
919 East Main Street, Suite 610
Richmond, VA 23219
P: (804) 782-9430
F: (804) 649-0974