Key Takeaways
Know How Rental Agreements Work – In Virginia, a rental agreement isn’t just a document. It can be created when a tenant signs a lease, pays rent, or even through a verbal agreement. Once that happens, both landlords and tenants have specific rights and responsibilities to follow.
Clear Communication is Key – Landlords need to share important details before a tenant moves in, such as lead-based paint disclosures (for older homes), mold presence, and utility arrangements. Providing this information upfront helps create a smooth rental experience.
Both Landlords and Tenants Have Rights – Tenants have the right to a safe, well-maintained home and fair treatment, while landlords can collect a security deposit of up to two months' rent and adjust rent with proper notice. Understanding these rights helps maintain positive landlord-tenant relationships.
Following the Law Makes Renting Easier – Virginia has clear landlord-tenant laws that outline responsibilities for both parties. Staying informed ensures a seamless rental process. Need expert guidance? KRS Lynchburg is here to help with professional property management solutions.
At KRS Lynchburg, we understand that being a successful landlord means staying compliant with all relevant landlord-tenant laws. These regulations automatically take effect once a rental agreement is established between you and your tenant.
In Virginia, a rental agreement can be formed in one of three ways: when a tenant signs a lease, pays rent in exchange for occupancy, or enters into a verbal agreement. Once any of these occur, both landlords and tenants gain specific rights and responsibilities under Virginia’s Landlord and Tenant Act.
Required Landlord Disclosures in Virginia
As a landlord, there is certain information that you are legally bound to disclose to a tenant before they can move in. The following are the rental disclosures in Virginia.
Lead-based paint concentrations for homes built before 1978.
A written checklist of the unit’s move-in condition.
A statement containing the tenant’s rights and responsibilities that accompanies every new lease.
All fees the tenant is liable for under the lease.
The names and addresses of the owner and the party tasked with managing it (if applicable).
If the unit is located near a military institution.
If any parts of the drywall are defective.
If you have any actual knowledge of the property having been used to manufacture methamphetamine.
Disclosure on how utilities are going to be shared among tenants living in a multi-unit building.
Disclosure of any demolition plans within the next six months after the tenant moves in.
A disclosure on the presence of mold before the tenant moves in.
Virginia Tenant Rights & Responsibilities
The following are some of the basic rights tenants have in the state of Virginia after they establish a lease with a landlord. A right to:
Break the lease if they have a legally justified reason, such as starting active military service or domestic violence victim status.
Live in a habitable rental property that meets the state’s safety, health, and building codes.
A fair eviction process in case of a lease violation, like nonpayment of rent.
The return of part or all of the security deposit after moving out. The refund must be done within 45 days.
Terminate a periodic tenancy, such as a month-to-month lease, after serving appropriate advance notice.
An appropriate advance notice before a rent increment.
Fair treatment as per the state’s Fair Housing Act.
A 72-hour advance notice is required before landlord entry.
Be provided with the aforementioned disclosures.
When it comes to responsibilities, Virginia tenants are obligated to do the following as per state law.
Keep the unit safe and sanitary.
Comply with all applicable building and housing codes in regards to health and safety.
Use the provided appliances, facilities, and utilities reasonably.
Pay for utility services promptly as per the terms of the lease.
Abide by the cleanliness standards.
Prevent mold growth by preventing moisture accumulation in the unit.
Get rid of trash and garbage.
Not cause deliberate or negligent property damage.
Not cause disturbance to other tenants.
Not tamper with the functioning of smoke and carbon monoxide detectors.
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Virginia Landlord Rights & Responsibilities
Landlords in Virginia enjoy the following rights after establishing a lease with a tenant. A right to:
Evict a tenant for failing to abide by the terms of the lease agreement, such as causing negligent property damage.
Charge tenants a security deposit of up to 2x the monthly rent amount.
Terminate a periodic rental agreement after serving the appropriate advance notice.
Raise the rent by whatever amount after meeting the advance notice requirements.
Enter a tenant’s rented premises after serving the mandatory 72 hours advance notice.
Draft a legal lease agreement and enforce its terms.
When it comes to responsibilities, as a Virginia landlord, you’re obligated to do the following.
Make needed or required repairs within 14-21 days after receiving proper notification from tenants.
Follow the due eviction process when removing a tenant from their rented premises.
Only make legitimate deductions from a tenant’s security deposit when returning it.
Serve the tenant appropriate advance notice before terminating their periodic tenancy agreement.
Serve the tenant appropriate advance notice before increasing rent.
Abide by the Fair Housing Act in all landlord-tenant interactions.
Enter a tenant’s rented premises after serving 72 hours of advance notice.
Provide the tenant with the required disclosures before allowing them to move in.
An Overview of the Landlord-Tenant Laws in Virginia
Landlord Entry
Landlords have a right to enter their tenants’ rented premises. Under the Virginia Residential Landlord and Tenant Act, landlords can enter legitimately for any of the following reasons.
To inspect the unit.
To respond to a repair request.
To respond to an emergency.
To present the rental property to prospective renters or buyers.
Before entering, however, you must meet certain requirements. First, you must provide the tenant with the appropriate advance notice. That is, 72 hours of advance notice. Secondly, you must do so during normal business hours or as agreed.
Fair Housing Act in Virginia
The Virginia Fair Housing Act requires landlords to treat tenants fairly, equally, and respectfully regardless of certain protected classes. The classes include race, color, religion, national origin, sex, age, family status, income source, gender identity, sexual orientation, military status, or disability.
Among other scenarios, you must keep the act in mind when interacting with anyone in the housing industry, especially when you are marketing the property, screening tenants, and responding to repairs.
Rent Increases
Virginia doesn’t have rent control, and state law prohibits local jurisdictions from creating rent control laws. Because of this, landlords can increase rent however they want and do so as frequently as they wish.
With that in mind, the rent raise must not be to discriminate against a protected class or in retaliation.
Tenant Eviction
Landlords can evict tenants for certain lease violations. Including failure to pay rent after it becomes due or causing negligent property damage.
Before evicting a tenant, however, you must first obtain a court order. And this would require you to strictly follow a series of procedures. Including, serving the tenant with an eviction notice and attending the court hearing.
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Conclusion
Before renting out your property, it’s important to familiarize yourself with the key basics of the Virginia landlord-tenant law. This can help you understand what you can and cannot do when doing your everyday landlording duties.
For expert help in all landlording matters in Lynchburg, get in touch with KRS Lynchburg. We’re your reliable and professional partner for all your property management needs. Get in touch to learn more!
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws pertaining to property management may change, rendering this information outdated by the time you read it.