Tenant Rights and Responsibilities in Virginia

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:

• How much the rent will be per month.
• How much the security deposit is, if there is one. A security deposit cannot be more than two months’ rent.
• What day rent is due and when it is considered late.
• How much the late fee is if you don’t pay on time. A late fee cannot be more than 10% of the amount you owe or 10% of one months’ rent, whichever is less.
• How long the lease runs; month to month, six months, a year.
• How far ahead of time you have to tell your landlord if you want to move out.
• 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 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:

• Any visible evidence of mold.
• The name and address of the owner or property manager.
• If the property is in a noise or accident potential zone.
• The existence of defective drywall.
• If the property was used to manufacture methamphetamines.
• Notice of sale or foreclosure of the property.

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 to pay everything and cancel the eviction.

If your landlord owns less than five rental units AND lets you know in writing ahead of time, they can limit your right to pay and stay to once every 12 months. If they own more than five rentals, they have to let you use this right as often as you need.

If you live in public housing, you have some additional rights.

No fees for repairs and maintenance

The housing authority cannot make you pay any fee for the maintenance or repair of your unit, unless you caused the damage.

Required information for unpaid rent notices

If you owe rent, the unpaid rent notice must give you clear information printed on pink or orange paper about how to recertify your household income. It should explain how to report changes in your income, how to request a hardship exemption, and how to file a grievance.

The housing authority should also post this information in public, visible spaces around the public housing community.

No appeal bonds in eviction cases

If the housing authority wins an eviction case against you, you have the right to appeal without paying an appeal bond. This is true even if the case was about unpaid rent.

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 apply to become a tenant within 10 days, 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:

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.