Virginia lease rental laws

Virginia, home of the Blue Ridge mountains, the Chesapeake Bay and beautiful Virginia Beach. Overall, Virginia is moderately landlord friendly. However, the pandemic has created a more tenant-friendly climate.


At a Glance:

Late Fees: Virginia does not have a stated late fee limit.

Security Deposit: Landlord may not collect more than the amount equal to two months rent.

Returned Payment Fee Limit: There are specific laws around NSF (insufficient funds) fees and they can be no more than $50.

Notice to Enter: State of Virginia requires 72 hours’ notice before entering for non-emergencies.


Application Fee/Late Fee/Returned Check Fee

Late Fee: In Virginia landlord tenant law, there is no stated limitations placed on the amount of a late fee that can be charged to the tenant. However, it must be specified in the lease and should not be an unreasonable amount.

Returned Payment Fees: In accordance with Virginia Code § 8.01-27.1., a landlord may charge a tenant interest from the date of the returned check in addition to a returned payment fee, plus a processing fee of no more than $50 for a returned check. If the landlord must take the tenant to court he/she may charge the tenant reasonable attorney fees. This law is the same for electronic transfers such as ACH deposits.


Security Deposits

Virginia landlord tenant law limits the amount of security deposit to no more than 2 months rent.

Once the tenant vacates the rental property, the landlord must return the full amount within thirty days. If the tenant owes rent, other charges or has caused physical damages beyond normal wear and tear, the landlord may make deductions, and provide the tenant with a statement and any balance left, if applicable.

(article continues below)

rental property loans comparisonWhat do lenders charge for a rental property mortgage? What credit scores and down payments do they require?

How about fix-and-flip loans?

We compare the best purchase-rehab lenders and long-term landlord loans on LTV, interest rates, closing costs, income requirements and more.


The landlord is required to provide a habitable rental premises for tenants. If the tenant requests repairs, these must be made in a “reasonably timely” manner. Virginia law does not state an exact timeframe.


Right of Entry

Virginia’s laws for the steps the landlord must take for entry have been recently changed. Now the landlord must provide tenants at least 72 hours’ notice. It used to be 24 hours’ notice.

During a state of emergency, particularly based on a pandemic, tenants may provide written notice to the landlord that they do not want non-emergency maintenance conducted. If a tenant provides this notice, the landlord can only enter the home to conduct non-emergency maintenance once every six months.

Emergencies can be handled as usual.


Notice to End Lease

Year to year leases or Fixed term are as specified in the lease agreement. There are no written statutes providing a time frame.

Month to month leases would require at least three months notification.

Week to week, requires at least thirty days’ notice.



Non-Payment of Rent: When a tenant fails to pay rent, 5 days’ notice to pay or quit is needed.
**IMPORTANT** Until July 1, 2022, all landlords must provide tenants who fail to pay rent on time a 14-day “pay or quit” notice (read up on other lingering eviction rules and state eviction moratoriums here). There is more, landlords who own five or more rental dwelling units must allow the tenant to enroll into a payment arrangement to pay off the balance owed.

Other Violations: For violations other than non-payment of rent or illegal activity, the landlord must provide to the tenant a 30 Days’ Notice to Cure or Quit. If a tenant has already gotten a notice about the same violation, landlords do not have to provide any chance to the tenant to cure their behavior.

Illegal Activity: If a tenant commits or is involved in any illegal activity, the landlord can simply file for eviction with the court without providing advance notice to the tenant.

Read more about the eviction process in general if you have questions about it.

DISCLAIMER: Wellspring Financial LLC DBA is for informational purposes only! Any information, legal or otherwise is provided “as is” without any representations, truth, accuracy, exactness or warranties, expressed or implied. Any data, form, or information provided shall NOT be construed or taken to be legal advice. You must NOT rely on any data, form, or information on this website as an alternative to obtaining sound, legal advice from a licensed or professional legal service provider.



Become a Better (and More Profitable!) Landlord:

I want to know more about…

Automate Your Rents

Collect rent by credit card or bank transfer, with one-click income & expense reports, and instant late rent notices.

FREE for landlords 😎

Want to create passive income?


We’ll email a series of videos in our free course,

to help you start earning income from rentals.

[mc4wp_form id=”501″]

Privacy Policy: Your info will never be shared or sold to a 3rd party. Even if Dr. Evil offers us 1 million dollars 🙂

Rental ROI Ebook

Want to earn more from your rentals?


Download our free Ultimate Guide to Higher ROI and be dazzled by the charming wit, disarming frogs and invaluable tips for higher profits and less work.


[mc4wp_form id=”501″]

Free Mini-Course: Passive Income from 2-4 Unit Multifamilies

Free Mini-Course: Passive Income from 2-4 Unit Multifamilies


Ready to build passive income from small multifamily properties?

Over the next week, we'll email you a free series of videos, so enter your best email and let's get started!

You're in! Check your email to confirm, and you can email us directly at [email protected] with any questions :-)

Free Webinar: Earn 15-50% on Passive Real Estate Syndications

LIVE masterclass on Tues. 10/25 @ 8pm EST

Your seat is reserved! Check your email to confirm.

Inside a group real estate investment

Here's a quick video breakdown of a past group investment — and how it's performed since our Co-Investing Club invested in it in early 2023.

You got it! Check your email for the link, and some other fun freebies.

Ready to Build Passive Income?

Ready to Build Passive Income?


We'll email you the course videos over the next week, so enter your best email!

You're in! Check your email to confirm.

Ditch Your Day Job: Free 8-Video Course


Our brand new course on how to reach financial independence and retire early (FIRE) with rental properties is open for one week from Oct. 23-30!

You're in! Check your email for the link, or click here for the 1st video!

How do group real estate investments work?

If you want the cash flow, appreciation, and tax benefits of real estate without hassling with loans or landlording, learn how to invest passively. 

Awesome! Check your email :-)