What Virginia landlord-tenant law covers
Residential leases in Virginia are governed by the Virginia Residential Landlord and Tenant Act (VRLTA), Chapter 12 of Title 55.1 of the Code of Virginia. Eviction procedure is in Title 8.01, which covers unlawful detainer cases.
The VRLTA is detailed, and the General Assembly has amended it often in recent years. The 2026 session changed the nonpayment notice, barred most repair fees and scheduled further changes for July 1, 2027. Lease forms that were fine in 2024 may now be out of date.
Virginia landlord-tenant rules at a glance
The table covers the rules apartment owners deal with most, as of October 2026. The sections below give the detail.
| Rule | Virginia requirement | Where it comes from |
|---|---|---|
| Month-to-month termination | 30 days’ written notice before the next rent due date, unless the lease sets a different period | Va. Code 55.1-1253 |
| Nonpayment of rent | 14 days’ written notice to pay, or the lease terminates (5 days before July 1, 2026) | Va. Code 55.1-1245 |
| Lease violation | 21 days to remedy, termination no sooner than 30 days after notice | Va. Code 55.1-1245 |
| Security deposit cap | Two months’ periodic rent | Va. Code 55.1-1226 |
| Deposit return | Within 45 days after the tenancy ends, with an itemized written notice of deductions | Va. Code 55.1-1226 |
| Late fees | Only if in the written lease; no more than the lesser of 10% of periodic rent or 10% of the remaining balance | Va. Code 55.1-1204 |
| Entry notice | Notice and reasonable times; 72 hours for routine maintenance the tenant did not request | Va. Code 55.1-1229 |
| Rent increase notice | 60 days before the lease term ends, for owners of more than four units (90 days from July 1, 2027) | Va. Code 55.1-1204 |
How much notice does a landlord have to give in Virginia?
A Virginia landlord must give 30 days’ written notice before the next rent due date to end a month-to-month tenancy, unless the lease sets a different period. Section 55.1-1253 sets the same 30 days for tenants, and 7 days for week-to-week tenancies. An owner who declines to renew at least 20 month-to-month tenancies, or half of them, within 30 days must give each of those tenants at least 60 days’ notice, unless the tenant has not paid rent.
For a holdover or month-to-month tenant with no new lease, the landlord can change the rent by written notice, but the new amount does not take effect until the next rent due date at least 30 days after the notice.
For fixed-term leases, landlords who own more than four rental units, or more than a 10% interest in more than four, must give written notice of a rent increase for the next term, or of nonrenewal, at least 60 days before the lease ends, under Section 55.1-1204(K). From July 1, 2027, House Bill 678 (2026) extends the rent increase notice to 90 days and requires the notice to give the tenant at least 30 days to say whether they will renew.
The 14-day nonpayment notice
If rent is unpaid, a Virginia landlord must now serve a written notice giving the tenant 14 days to pay before the lease can be terminated. House Bill 15 and Senate Bill 48 (2026 Acts, chapters 353 and 354) raised the period from 5 days, effective July 1, 2026. The notice must say the landlord intends to terminate if rent is not paid within the 14 days. The same 14 days applies to bounced checks and rejected electronic payments.
More is coming. Under House Bill 95 (2026), from July 1, 2027, landlords with more than four rental units must state the exact amount owed and, when it is no more than one month’s rent plus late charges, offer a payment plan in equal monthly installments over the lesser of six months or the rest of the lease. The landlord must offer the plan only once per lease.
Security deposit rules in Virginia
Virginia caps security deposits at two months’ periodic rent under Section 55.1-1226. Within 45 days after the tenancy ends, the landlord must return the deposit, with any deductions for damages and charges itemized in a written notice.
Landlords must keep records of deductions for two years and let the tenant inspect them. Section 55.1-1204 also requires landlords to accept payment of rent and security deposits by check or money order, and to give a written receipt when a tenant pays rent in cash or by money order. House Bill 1005 and Senate Bill 313 (2026) amended that section, so check your payment policy against the current text.
Late fee rules in Virginia
A Virginia landlord can charge a late fee only if the written lease provides for it, and the fee cannot exceed the lesser of 10% of the periodic rent or 10% of the remaining balance the tenant owes, under Section 55.1-1204(E).
On a $1,500 monthly rent, the cap is $150. If the tenant has already paid $1,000 and owes $500, the cap drops to $50, since 10% of the remaining balance is lower. Many apartment leases still charge a flat fee; check that yours stays inside both limits.
Landlord entry rules in Virginia
Virginia requires notice before entry but sets no fixed number of hours for most visits. Under Section 55.1-1229, the landlord must give notice of the intent to enter and may enter only at reasonable times, except in an emergency or when notice is impractical.
Routine maintenance the tenant did not ask for is different: the landlord must give at least 72 hours’ notice, perform the work within 14 days of the notice and state the last date it may be done. No advance notice is needed for maintenance the tenant requested.
The eviction process in Virginia
Evictions in Virginia go through an unlawful detainer case, and the court cannot enter an order of possession unless a proper termination notice is in evidence. After the 14-day notice runs, the landlord files.
Under Section 8.01-126, the first hearing must be held as soon as practicable and no more than 21 days after filing, or no later than 30 days if that is not possible. The summons must be served at least 10 days before the return date. After judgment, the order of possession is good for 180 days. Under Section 8.01-470, the sheriff must give the tenant at least 72 hours’ notice before executing the writ, should execute it within 15 calendar days of receiving it and in no case more than 30 days after it issues.
Tenants also have a right of redemption under Section 55.1-1250. They can stop a nonpayment case by paying all rent, late charges, attorney fees and costs at or before the first return date, and can still pay in full up to 48 hours before a scheduled eviction. Landlords with four or fewer units may limit redemption to once per lease period, if they give the tenant written notice of the limit.
| Step | Timing |
|---|---|
| Nonpayment notice | 14 days to pay |
| File unlawful detainer; first hearing | No more than 21 days after filing, or 30 at the latest |
| Service of summons | At least 10 days before the return date |
| Order of possession | Valid for 180 days |
| Sheriff’s notice to tenant | At least 72 hours before execution |
| Execution of the writ | Within 15 days of receipt; never more than 30 days after issue |
Rent control in Virginia
The VRLTA regulates how much notice you give before a rent increase, but it sets no limit on the amount of the increase. The rules that apply are the 30-day notice for month-to-month tenants in Section 55.1-1253 and the 60-day notice before the end of a lease term for owners of more than four units in Section 55.1-1204, which becomes 90 days on July 1, 2027.
Rent-restricted properties are a separate matter. Buildings financed with low-income housing tax credits or other subsidies carry rent limits in their recorded agreements, and those limits bind a buyer as well.
Virginia landlord-tenant law changes in 2026 and 2027
The 2026 General Assembly passed several changes that matter to apartment owners. Most took effect July 1, 2026; others are phased in.
- July 1, 2026: nonpayment notice period raised from 5 to 14 days (HB 15 and SB 48).
- July 1, 2026: landlords may not require tenants to pay any fee for maintenance or repairs unless the tenant’s violation of the VRLTA made the work necessary (HB 1005 and SB 313, Va. Code 55.1-1208).
- July 1, 2026: an Eviction Reduction Program created to support prevention and diversion (HB 527 and SB 628), and a change to military lease termination notice (HB 174).
- July 1, 2027: rent increase notice for owners of more than four units rises to 90 days before the lease ends (HB 678).
- July 1, 2027: owners of more than four units must offer a one-time payment plan in nonpayment notices for small balances (HB 95).
- July 1, 2027: a landlord may not file or maintain an unlawful detainer for an alleged lease violation until a proper termination notice has been given (Va. Code 8.01-126, as amended in 2026).
What happens to leases and deposits when you sell
In Virginia, existing leases survive a sale and the buyer takes the building subject to every tenancy. The buyer also inherits your deposit obligations. Section 55.1-1226(E) says whoever holds the landlord’s interest when a tenancy ends must return any deposit owed to the tenant, whether or not the seller actually transferred the money, and regardless of any agreement between seller and buyer.
That rule makes deposit accounting a closing item. The purchase contract should list every deposit, credit the buyer for the total and include your deduction records, which the law requires you to keep for two years. Hand over leases, the rent roll and any pending notices so the buyer can meet the 2026 notice rules from day one.
Selling a Virginia apartment building with tenants in place
Skyline buys apartment buildings with five or more units in Virginia, occupied and as they stand. We buy directly, close on your timeline, and can work inside 1031 deadlines. You do not need to empty units or update every lease to the 2026 rules before you sell; we take over the leases and deposits at closing.
For the tax side of a sale, see Virginia capital gains tax on real estate and property tax rate in Virginia.
