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Virginia Landlord-Tenant Law 2026: The Complete Handbook
Deposits max 2 months. Late fees capped at 10% (5-day grace required). 45-day return deadline. Free VA late fee calculator + 2026 VRLTA guide.
Quick answer
Virginialate fee & security deposit rules (2026)
In Virginia, a landlord's late fee is capped by statute at 10% of the amount past due, and a 5-day grace period is required before any fee. Security deposits are limited to 2x rent and must be returned within 45 calendar days of move-out.
- Late fee cap: 10% of the amount past due
- Grace period: 5 days (required by law)
- Max security deposit: 2x rent
- Deposit return deadline: 45 calendar days after move-out
- Deposit escrow: Not required
- Statutes: Va. Code § 55.1-1204(E) · Va. Code § 55.1-1226
Free Tool
Virginia Late Fee Calculator + Notice Generator
Check VA's 10% cap + 5-day grace period and generate a compliant notice in 60 seconds.
Tenby is an AI-powered property management platform for independent landlords managing 1-50 rental units. Tenby's compliance engine is loaded with Virginia-specific rules — security deposit deadlines, required disclosures, late fee limits, and eviction notice requirements — automatically enforced for every Virginia property.
Virginia's landlord-tenant relationship is governed by the Virginia Residential Landlord and Tenant Act (VRLTA), which applies to most residential rentals in the state. Here's everything you need to know.
Security deposits in Virginia
| Rule | Virginia Law |
|---|---|
| Maximum deposit | 2 months' rent |
| Return deadline | 45 days after move-out |
| Escrow required? | No |
| Interest required? | No |
| Itemized deductions? | Yes — written list required |
| Pet deposit allowed? | Yes (separate from security deposit) |
Key details:
- You must return the deposit (or an itemized list of deductions) within 45 days
- If you fail to return within 45 days, you may owe the tenant the full deposit plus attorney's fees
- Deductions must be reasonable and documented — keep receipts and photos
- The deposit must be held in a separate escrow account if required by the lease
Eviction process in Virginia
Virginia eviction follows a strict legal process. Self-help evictions (changing locks, removing belongings, shutting off utilities) are illegal.
Step 1: Serve proper notice
| Reason | Notice Period | Notice Type |
|---|---|---|
| Nonpayment of rent | 5 days | Pay or Quit |
| Lease violation (first time) | 21 days (with 21-day cure period) | Notice to Comply |
| Lease violation (repeat within 6 months) | 30 days | Notice to Quit (no cure) |
| Month-to-month termination | 30 days | Notice to Vacate |
| Illegal activity | 30 days | Notice to Quit |
| Criminal activity (imminent danger) | Immediate | File with court |
Step 2: File an unlawful detainer
If the tenant doesn't comply with the notice, file an unlawful detainer action in General District Court. Filing fee is approximately $50-$60.
Step 3: Court hearing
The court hearing is typically scheduled within 21-30 days of filing. Both parties can present their case.
Step 4: Writ of eviction
If the court rules in your favor, you receive a writ of eviction. The sheriff executes the writ, giving the tenant 72 hours to vacate.
Total timeline: Expect 30-60 days from notice to physical eviction in most cases.
Late fees in Virginia
| Rule | Virginia Law |
|---|---|
| Grace period | 5 days (required) |
| Maximum fee | 10% of monthly rent |
| Must be in lease? | Yes |
| Daily fees allowed? | No specific prohibition, but must be reasonable |
> Calculate your late fee: Use our free Virginia late fee calculator to check if your proposed fee is compliant with Virginia law. Also try our prorated rent calculator for move-in/move-out calculations and rent estimate tool to see if your rent is at market rate.
Rent is due on the date specified in the lease. You cannot charge a late fee until the 5-day grace period has expired. The maximum late fee is 10% of the periodic rent — for $1,500 rent, that's $150 maximum.
Required disclosures in Virginia
Virginia landlords must disclose the following before or at lease signing:
- Move-in inspection report — written report of the unit's condition
- Lead paint disclosure — for properties built before 1978 (federal requirement)
- Mold disclosure — if the landlord knows of visible mold
- Defective drywall disclosure — if applicable
- Military air installation disclosure — if the property is near a military base
- Dam break inundation zone — if applicable
- Landlord's name and address — or authorized agent's information
- Written lease — VRLTA requires written rental agreements for tenancies over 1 year
- Maintain the property in habitable condition
- Comply with all building and housing codes
- Keep all systems in good working order (plumbing, heating, electrical, AC, appliances)
- Provide running water and reasonable heat
- Maintain common areas
- Provide working smoke detectors and carbon monoxide detectors
- Make repairs within a reasonable time after notice
- Keep the unit clean and sanitary
- Use appliances and systems reasonably
- Not damage the property
- Not disturb neighbors
- Comply with all building and housing codes
- Notify the landlord of needed repairs promptly
- 30 days written notice required for month-to-month tenancies
- No rent control — Virginia prohibits local rent control ordinances statewide
- Cannot raise rent during a fixed-term lease unless the lease includes a rent increase clause
- Cannot raise rent in retaliation for tenant exercising legal rights
- Habitable housing — landlord must maintain the property
- Privacy — landlord must give 24-hour notice before entering (except emergencies)
- Withhold rent — if the landlord fails to make essential repairs (after proper notice)
- Repair and deduct — for repairs under $1,500 or one month's rent (after proper notice)
- Protection from retaliation — landlord cannot evict, raise rent, or decrease services in response to complaints
- Domestic violence protections — victims can terminate leases early with proper documentation
- 45-day deposit return tracking with countdown alerts
- 5-day grace period enforcement for late fees
- 10% late fee cap automatically applied
- Required disclosure checklist at lease creation
- Move-in inspection workflow with photo documentation
- 30-day rent increase notice tracking
- Eviction timeline guidance with proper notice generation
Maintenance obligations
Landlord must:
Tenant must:
Rent increase rules in Virginia
Tenant rights in Virginia
Tenants in Virginia have the right to:
How Tenby helps Virginia landlords
Tenby's compliance engine handles Virginia-specific requirements automatically:
The bottom line
Virginia is a moderately landlord-friendly state with clear, well-defined rules. The key requirements to remember: 2-month max deposit, 45-day return deadline, 5-day grace period, 10% late fee cap, and 24-hour notice before entry. Follow the VRLTA, document everything, and you'll avoid most legal issues.
Put this into practice
Virginia Late Fee Calculator + Notice Generator
Landlord Law Watch
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This guide is current today — but Virginia's late fee caps, deposit rules, grace periods, and notice requirements change more often than most landlords realize. Law Watch monitors the statutes and emails you the moment Virginia moves: what changed, old vs. new, and what to update in your lease.
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