Last updated 2026-07-23
TL;DR
Virginia's landlord tenant law, the Residential Landlord and Tenant Act (VRLTA, Va. Code § 55.1-1200 et seq.), now covers almost every rental in the state after a 2020 law change. It caps security deposits at two months' rent, gives landlords 45 days to return deposits, requires 24 hours notice before entry, and needs 30 days notice to end a month-to-month tenancy.
What does Virginia's landlord tenant law actually cover?
Virginia's main landlord tenant statute is the Virginia Residential Landlord and Tenant Act, or VRLTA, found at Va. Code § 55.1-1200 and following [1]. For decades this law had a big loophole: landlords who owned fewer than five rental units in a locality could opt out of most of it. That changed on July 1, 2020, when the General Assembly repealed the small-landlord exemption. Today nearly every residential lease in Virginia, whether you own one duplex or fifty units, falls under VRLTA. That matters because VRLTA sets the floor for almost everything: how much you can charge for a deposit, how you have to handle repairs, how much notice you owe a tenant before you walk in the door, and what happens if either side breaks the deal. A handful of situations still sit outside VRLTA, like certain owner-occupied properties with four or fewer units and no more than one boarder, or transient occupancy in hotels and similar arrangements. If you're not sure whether your rental qualifies, the statute itself lists the exemptions, and it's worth reading them once rather than guessing. On top of the state law, some Virginia localities layer on their own rental registration or inspection rules, which is a separate animal from VRLTA and covered more later in this piece.
What is a landlord, and what does "landlording" actually mean?
A landlord is the person or entity that owns a rental property and leases it to someone else (the tenant) in exchange for rent. Under Virginia law, a landlord is defined broadly to include the owner, lessor, or sublessor of a dwelling unit, along with anyone managing the property on the owner's behalf [1]. That last part matters: if you hire a property manager, you're still the landlord for legal purposes. The manager is your agent, not a substitute for your obligations. "Landlording" is just the informal shorthand people use for the whole job of being a landlord: marketing the unit, screening tenants, writing and enforcing a lease, collecting rent, handling maintenance calls, and dealing with move-outs. It's not a licensed profession in most states, including Virginia, but that doesn't mean it's unregulated. You're bound by fair housing law, your lease, VRLTA, and whatever your city or county requires for rental registration. Landlording well usually comes down to treating the lease as a real contract, documenting everything in writing, and responding to maintenance requests before they become code violations.
How do you become a landlord in Virginia?
Becoming a landlord in Virginia doesn't require a state license the way, say, becoming a real estate agent does. There's no statewide landlord licensing exam. But there are practical steps most new landlords skip at their own risk. First, confirm how you'll hold the property (personal name, LLC, or another entity) since that affects liability and how you're named in a lease. Second, check whether your city or county has its own rental registration, licensing, or inspection requirement; Virginia law specifically allows localities to set up rental inspection districts under Va. Code § 36-105.1:1 for areas with a history of code violations or blight [2], and many cities and towns also run their own general rental registration programs outside that framework. These are local, not statewide, so confirm with your city rental licensing office before you rent out a unit. Third, get a lease that actually complies with VRLTA (deposit terms, notice provisions, disclosures), not a generic template pulled off the internet. Fourth, line up landlord insurance, and decide whether you'll require tenant renters insurance too. Fifth, learn the Fair Housing Act basics before you screen your first applicant, since discrimination liability doesn't care how many units you own . If your city requires a rental license or a pre-occupancy inspection on top of all this, that's a separate process from VRLTA compliance, and it's where a lot of first-time landlords get tripped up by paperwork deadlines rather than the law itself. That's the exact gap our $79 City Rental License & Inspection Prep Packet is built to close, by organizing what a given city actually asks for before an inspector shows up.
What rights do tenants have without a lease in Virginia?
A tenant without a signed written lease in Virginia is not a tenant without rights. If a landlord accepts rent and lets someone occupy a dwelling unit, Virginia law treats that as a rental agreement, oral or implied, and VRLTA still applies as long as the landlord isn't exempt [1]. That means the tenant still gets the statutory protections: a habitable unit, proper notice before entry, and proper notice before the arrangement ends. Without a written lease specifying a term, the tenancy is typically month-to-month (sometimes called a tenancy at will), and Virginia's rules for those tenancies live in Title 55.1, Chapter 13 [3]. Either side generally needs to give 30 days' written notice to end it. The tenant still owes rent on time, still has to keep the unit reasonably clean, and still can't be locked out or have utilities shut off as a shortcut around eviction. The landlord still owes basic maintenance duties. What a tenant loses without a written lease is mostly certainty and proof: no signed document to point to if there's a dispute over rent amount, pet policy, or who pays for what. That cuts both ways for landlords too, which is exactly why relying on a handshake deal is a bad idea even when it's legal.
How much notice does a landlord have to give in Virginia?
| Entering the unit for repairs, inspection, or showings | At least 24 hours notice, entry at reasonable times | Va. Code § 55.1-1229 [4] | |
|---|---|---|---|
| Ending a month-to-month tenancy (either party) | 30 days written notice | Va. Code § 55.1-1253 [5] | |
| Ending a tenancy at will (no lease) | 30 days written notice | Title 55.1, Chapter 13 [3] | |
| Returning a security deposit | Within 45 days of move-out | Va. Code § 55.1-1226 [6] | Rent increases are the notable gap here. VRLTA doesn't set a fixed number of days a landlord must give before raising rent on a periodic tenancy, mostly because raising rent on a month-to-month tenant functionally works through the same 30-day notice used to change or end the arrangement. Virginia also has no statewide rent control law, and state law generally preempts localities from enacting their own rent caps, so there's no ceiling on how much a landlord can raise rent between lease terms, only on how much notice has to precede the change. If you're on a fixed-term lease, the rent is locked for the term unless the lease itself allows adjustments. |
Virginia sets specific notice periods for the situations landlords deal with most, and the numbers are worth memorizing rather than looking up every time. | Situation | Virginia rule | Statute |
What can a landlord look at during a rental inspection?
During a landlord's own inspection (not a city code inspection), Virginia landlords can generally check anything reasonably tied to the condition of the property and compliance with the lease: smoke detectors and carbon monoxide alarms, plumbing fixtures for leaks, HVAC function, signs of pest activity, unauthorized occupants or pets, and obvious safety hazards like exposed wiring or blocked exits. This is the same kind of checklist a city rental inspector uses when a locality's licensing ordinance requires a pre-occupancy or periodic inspection, just done by the owner instead of a code official. What a landlord shouldn't do is treat an inspection as a search. Entry still has to follow the notice rules above, at a reasonable time, and for a legitimate purpose (Va. Code § 55.1-1229 lists purposes like repairs, showings to prospective tenants or buyers, and safety checks) [4]. Going through drawers, closets, or personal belongings that have nothing to do with the property's condition invites a fair housing or privacy complaint, and it's simply not what the entry statute authorizes. If your city requires a formal rental inspection as part of licensing, that inspector is checking for building and housing code compliance specifically (working smoke detectors, egress windows, electrical panel condition, and similar items), which is a narrower and more procedural review than a landlord's own walkthrough.
Who is responsible for the move-in and move-out walkthrough inspection?
In Virginia, VRLTA doesn't mandate a joint move-in/move-out walkthrough the way some states do, but it strongly rewards doing one anyway, since it's your best evidence if you later deduct anything from the deposit under Va. Code § 55.1-1226 [6]. This question comes up a lot with California in mind, since California's rule is more explicit. Under California Civil Code § 1950.5, a landlord must, if the tenant requests it, conduct an initial inspection before the tenant moves out and give written notice of any deficiencies the tenant could fix to avoid deductions . The landlord schedules and conducts that walkthrough; the tenant has the right to be present. Virginia landlords aren't required to offer that pre-move-out inspection, but copying the practice anyway (a written checklist, photos, both parties' signatures, done at move-in and again at move-out) is one of the cheapest ways to avoid a deposit dispute in General District Court later.
Why do landlords require renters insurance?
Renters insurance covers a tenant's personal belongings and gives them liability protection if they accidentally cause damage or someone gets hurt in their unit. A landlord's own property insurance covers the building, not the tenant's stuff and not the tenant's liability, so without renters insurance, a kitchen fire the tenant caused or a dog bite in the hallway can turn into a lawsuit against the landlord's policy instead. Virginia law allows landlords to require tenants to carry renters insurance, or to charge tenants a monthly fee to be added to the landlord's own liability policy if the tenant doesn't want to buy separate coverage. That's addressed within VRLTA's provisions on lease terms and fees [1]. Requiring it is common practice for good reason: it shifts liability risk off the landlord, and it means a tenant who loses everything in a fire isn't relying on the landlord (or a lawsuit) to replace their belongings. It typically costs a tenant somewhere in the range of $15 to $30 a month depending on coverage and location, which is cheap enough that most landlords just build the requirement into the lease rather than debate it.
What are Virginia's security deposit rules for landlords?
Virginia caps a security deposit at two months' rent, and that cap applies for the life of the tenancy even if the rent goes up later, per Va. Code § 55.1-1226 [6]. Once the tenancy ends, the landlord has 45 days to return the deposit, minus any lawful deductions, along with an itemized list of what was withheld and why. The deductions have to be for actual damage beyond normal wear and tear, unpaid rent, or other charges the lease specifically allows, not general cleaning fees invented after the fact. Miss the 45-day window or fail to itemize properly, and a Virginia landlord risks the tenant recovering the wrongfully withheld amount, plus in some cases attorney's fees, through a General District Court claim. This is one of the most litigated corners of VRLTA precisely because it's so mechanical: the deadline is a fixed number, and courts don't have much patience for landlords who blow past it without explanation.
What can't a landlord do in Virginia (and how is that different in Ohio)?
In Virginia, a landlord cannot use self-help to remove a tenant. That means no changing the locks, no shutting off water or electricity, and no hauling the tenant's belongings to the curb to force a move, even if the tenant is behind on rent. Eviction has to go through the Virginia courts, starting with an unlawful detainer action. A landlord also cannot retaliate against a tenant for reporting a code violation or exercising a legal right, and cannot discriminate based on race, color, religion, sex, familial status, national origin, or the other protected classes under the federal Fair Housing Act, which flatly states it is unlawful "to discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling... because of race, color, religion, sex, familial status, or national origin" . Ohio's landlord tenant law, the Ohio Landlord Tenant Act at Ohio Revised Code Chapter 5321, hits the same themes with its own specifics. Ohio landlords must "comply with the requirements of all applicable building, housing, health, and safety codes which materially affect health and safety," under ORC 5321.04(A)(1) . Like Virginia, Ohio bans self-help evictions and lockouts (ORC 5321.15), bans retaliatory action against tenants who report code violations, and requires reasonable notice, generally 24 hours, before a landlord enters the unit for a non-emergency reason. The overlap between Virginia and Ohio isn't an accident: both states based their laws on similar model legislation, so if you own property in more than one state, the broad strokes (no lockouts, no retaliation, notice before entry, fair housing compliance) travel with you even though the specific deposit caps, notice periods, and inspection rules don't.
What happens if a landlord violates Virginia's landlord tenant law?
Consequences depend on what got violated. Mishandle a security deposit and a tenant can sue in General District Court for the amount wrongfully withheld, and in some cases the court can award attorney's fees. Fail to maintain the unit in a habitable condition and a tenant may have remedies under VRLTA including repair-and-deduct rights or, in serious cases, terminating the lease early. Enter without proper notice repeatedly and you're inviting a harassment or breach-of-quiet-enjoyment claim. Retaliate against a tenant for a code complaint and Virginia law specifically protects against that. Separately from VRLTA, if your city has its own rental license or registration ordinance, violating that is a local code enforcement matter, not a VRLTA one, and usually comes with its own fine schedule, a cure period, and sometimes a stop-rent order until you're compliant. Those two systems (state landlord-tenant law and local rental licensing) run in parallel and get confused constantly. Knowing the state law protects you in a dispute with a tenant; knowing your city's specific licensing rules protects you from fines that have nothing to do with the tenant relationship at all. That second category is exactly the gap a packet like our $79 City Rental License & Inspection Prep Packet is meant to help with, since it walks through what a given city's inspection actually checks before it happens rather than after a violation notice arrives.
Frequently asked questions
Does Virginia require a statewide rental license?
No. Virginia has no statewide landlord license. VRLTA governs the landlord-tenant relationship statewide, but rental registration, licensing, or inspection requirements come from individual cities and counties, not the state. Some Virginia localities also use rental inspection districts under Va. Code § 36-105.1:1 for specific high-turnover areas. Always confirm with your city rental licensing office since rules and fees vary widely by locality.
How do I become a landlord in Virginia?
Decide how you'll hold the property, confirm whether your city requires rental registration or a license, use a lease that complies with VRLTA (Va. Code § 55.1-1200 et seq.), get landlord insurance, and learn Fair Housing Act basics before screening tenants. There's no state landlord exam, but skipping local licensing steps is where most new landlords get fined.
What is landlording?
Landlording is the everyday work of owning and operating rental property: marketing units, screening tenants, writing and enforcing leases, collecting rent, handling repairs, and managing move-outs. It's not a licensed profession, but it's governed by state landlord-tenant law, fair housing law, and often local rental registration ordinances.
What is a landlord?
A landlord is the owner, lessor, or sublessor of a dwelling unit who rents it to a tenant in exchange for payment. Virginia's VRLTA also treats anyone managing the property on the owner's behalf, like a property management company, as acting for the landlord, meaning the owner remains legally responsible even when day-to-day duties are outsourced.
What rights do tenants have without a lease in Virginia?
A tenant without a written lease in Virginia still gets VRLTA protections if the landlord accepts rent: a habitable unit, proper notice before entry, and typically 30 days notice before either side ends the arrangement, since it defaults to a month-to-month or tenancy-at-will status under Title 55.1, Chapter 13. What's missing is written proof of specific terms like rent amount or pet rules.
How much notice does a landlord have to give before entering a rental unit in Virginia?
At least 24 hours notice, and entry has to happen at a reasonable time and for a legitimate purpose like repairs, inspections, or showings, per Va. Code § 55.1-1229. Emergencies (like a burst pipe) are the exception where a landlord can enter without advance notice.
What can a landlord look at during a rental inspection?
A landlord can check smoke detectors, plumbing, HVAC, pest issues, unauthorized occupants or pets, and general safety hazards, tied to the property's condition and lease compliance. What a landlord shouldn't do is go through personal belongings unrelated to the property, since that goes beyond what entry-for-inspection statutes like Va. Code § 55.1-1229 authorize.
Who is responsible for the rental property move-in/move-out walkthrough inspection?
In California, landlords must offer a pre-move-out inspection if the tenant requests one, under California Civil Code § 1950.5, and the landlord schedules and conducts it. Virginia doesn't legally require this walkthrough, but doing one at both move-in and move-out anyway is the strongest evidence a landlord can have if a deposit dispute ends up in court.
Why do landlords require renters insurance?
Renters insurance covers a tenant's belongings and personal liability, protecting the landlord from claims when a tenant's negligence causes damage or injury. A landlord's building insurance doesn't cover tenant possessions or tenant-caused liability, so requiring renters insurance (or a comparable fee-based option) shifts that risk off the landlord's own policy.
What can't a landlord do in Ohio?
Under Ohio Revised Code Chapter 5321, a landlord can't use self-help evictions like lockouts or utility shutoffs (ORC 5321.15), can't retaliate against a tenant for reporting code violations, must give reasonable (generally 24-hour) notice before entering, and must comply with building, housing, health, and safety codes affecting health and safety under ORC 5321.04.
How much can a Virginia landlord charge for a security deposit?
Virginia caps security deposits at two months' rent under Va. Code § 55.1-1226, regardless of later rent increases during the tenancy. The landlord then has 45 days after the tenancy ends to return the deposit along with an itemized list of any deductions for damage beyond normal wear and tear or unpaid amounts.
Can a Virginia landlord raise the rent without notice?
On a fixed-term lease, no, rent is locked for the term unless the lease says otherwise. On a month-to-month tenancy, VRLTA doesn't set a specific number of notice days for a rent increase, but practically it happens through the same 30-day notice used to change or end the tenancy. Virginia also has no statewide rent control law.
What happens if a landlord violates the Virginia Residential Landlord and Tenant Act?
Consequences depend on the violation: mishandled deposits can lead to a General District Court claim and possible attorney's fees, habitability failures can trigger repair-and-deduct or lease termination rights, and retaliation or improper entry can support a separate claim. Local rental license violations are handled separately by city code enforcement, not under VRLTA.
Do Virginia landlords need a business license to rent out a property?
It depends entirely on the locality. Some Virginia cities and counties require a business license (often through the BPOL tax system) or a separate rental registration for landlords, while others don't. There's no statewide requirement, so confirm with your city rental licensing office before you rent out a unit.
Sources
- Virginia Legislative Information System, Virginia Residential Landlord and Tenant Act (Va. Code § 55.1-1200 et seq.): Scope and 2020 expansion of VRLTA to nearly all Virginia landlords
- Virginia Code § 55.1-1226, security deposits: Two-month security deposit cap and 45-day return deadline
- Virginia Code § 55.1-1204, rental agreement provisions: Late fee cap of 10% of rent or 10% of unpaid balance, whichever is greater
- Virginia Code § 55.1-1229, landlord's access to dwelling unit: 24-hour minimum notice requirement before landlord entry
- Virginia Code § 55.1-1220, landlord to maintain fit premises: Landlord's statutory duty to maintain habitable premises
- Virginia Code § 55.1-1253, termination of periodic tenancy: 30-day notice requirement to end a month-to-month tenancy under VRLTA
- Virginia Code, Title 55.1, Chapter 13, tenancies not covered by VRLTA: Rules for tenancy at will and 30-day notice without a written lease
- Virginia Code § 36-105.1:1, local rental inspection districts: Authority for Virginia localities to create rental inspection districts
- Ohio Revised Code, Chapter 5321, Landlords and Tenants: Ohio landlord duties, self-help eviction ban, and entry notice requirements