Living in a rental home in Virginia doesn’t mean you’re at your landlord’s mercy. You have real, enforceable rights under state law-whether you’re in a downtown apartment in Richmond or a quiet house in Arlington. Too many renters don’t know what they’re entitled to, and that leaves them vulnerable to unfair practices. This guide breaks down exactly what you can expect from your landlord and what you can do if things go wrong.
Your Right to a Habitable Home
Your landlord must keep your rental unit in a safe, livable condition. This isn’t just common sense-it’s the law. Under Virginia’s Implied Warranty of Habitability, your home must have working heat, running water, electricity, and plumbing. Roofs can’t leak. Walls can’t have mold that’s making you sick. Pest infestations must be addressed.
If something breaks-like your heater in January or a broken lock on your front door-you must notify your landlord in writing. Keep a copy. Virginia law gives them 14 days to fix serious issues. If they don’t, you can legally withhold rent or repair the problem yourself and deduct the cost from your rent. But don’t just stop paying. Follow the steps exactly or you risk eviction.
Security Deposit Rules
Landlords in Virginia can ask for up to two months’ rent as a security deposit. That’s the maximum. No more. They must give you a written receipt when you pay it. After you move out, they have 45 days to return your deposit-or send you a written list of deductions.
Deductions can only be for unpaid rent or damage beyond normal wear and tear. That means a few scuffs on the floor? Not deductible. A broken window? Yes. A dirty carpet? Only if it’s stained or smells bad from neglect. If your landlord keeps your deposit without a valid reason, you can sue for twice the amount wrongfully withheld, plus court costs.
Privacy and Entry Rules
Your landlord can’t just walk into your home whenever they want. They must give you at least 24 hours’ notice before entering, except in emergencies like a burst pipe or fire. They can’t enter for no reason. No "just checking in." No "I want to see how you’re keeping the place."
Allowed reasons for entry are limited: repairs, inspections, showing the unit to new tenants, or emergencies. If your landlord shows up unannounced or harasses you with frequent visits, you can file a complaint with the Virginia Department of Housing and Community Development. Repeated violations could lead to penalties.
Rent Increases and Lease Terms
If you’re on a month-to-month lease, your landlord can raise your rent with 30 days’ written notice. But if you’re under a fixed-term lease-say, a one-year agreement-they can’t increase the rent until the lease ends. No sneaky clauses that say "rent may increase at any time." That’s not legal in Virginia.
There’s no statewide rent control, so landlords can raise rent by any amount as long as they give proper notice. But if you think the increase is retaliatory-like after you complained about mold-you may have grounds to fight it. Document everything.
Eviction Protection
You can’t be kicked out without a court order. Even if you’re late on rent, your landlord can’t change the locks, turn off your utilities, or throw your stuff out on the street. That’s illegal and called a "self-help eviction." It’s a Class 1 misdemeanor in Virginia.
Legal eviction starts with a written notice: a 5-day notice for nonpayment of rent, or a 30-day notice for lease violations. Then they must file a case in General District Court. You’ll get a notice to appear. Don’t ignore it. Even if you owe rent, showing up in court gives you a chance to explain your side, ask for more time, or set up a payment plan.
Repairs and the Right to Withhold Rent
Virginia lets tenants pay for repairs themselves and deduct the cost from rent-but only under strict conditions. First, the problem must be serious enough to affect health or safety. Second, you must notify your landlord in writing and give them 21 days to fix it. Third, you can’t be more than 30 days late on rent. Fourth, you can’t deduct more than one month’s rent at a time.
Keep receipts. Take photos. Send all communication by certified mail. If you skip any step, you could lose your case if your landlord tries to evict you for nonpayment. This isn’t a loophole-it’s a legal process. Use it right.
Discrimination Is Illegal
Your landlord can’t refuse to rent to you because of your race, religion, gender, disability, national origin, or family status. That includes having kids. They can’t charge you extra because you have a service animal. They can’t say "no pets allowed" and then make exceptions for some people but not others.
If you believe you’ve been discriminated against, you can file a complaint with the Virginia Human Rights Commission. You have up to one year from the date of the incident to act. Evidence like text messages, emails, or witness statements helps your case.
What to Do If Your Landlord Breaks the Rules
If your landlord ignores repair requests, illegally withholds your deposit, or tries to evict you without a court order, you have options:
- Document everything: photos, dates, emails, letters.
- Send a formal written notice demanding action.
- Contact the Virginia Department of Housing and Community Development (DHCD) for free tenant counseling.
- File a complaint with your local housing authority.
- Go to small claims court for money damages up to $5,000.
Many counties offer free legal aid for renters. Don’t assume you can’t afford a lawyer. Organizations like Legal Aid Justice Center and Virginia Poverty Law Center help tenants for free.
Know Your Lease
Not every lease clause is legal. Landlords sometimes add things like "no guests," "no cooking," or "you pay all repairs." These are unenforceable. Virginia law overrides any lease term that takes away your statutory rights.
Before you sign, read every line. If something seems unfair, ask for clarification. If they refuse to change it, walk away. A bad lease signed today can haunt you for a year.
Resources for Virginia Renters
You’re not alone. These organizations can help:
- Virginia Department of Housing and Community Development (DHCD) - Offers free tenant education and mediation services.
- Legal Aid Justice Center - Free legal help for low-income renters facing eviction or discrimination.
- Virginia Poverty Law Center - Advocates for tenant rights and publishes easy-to-read guides.
- Virginia State Bar Association - Has a lawyer referral service for affordable consultations.
Bookmark the DHCD tenant rights page. Save their phone number. Keep a printed copy of your lease and all communication. Knowledge is your strongest tool as a renter.
Can my landlord enter my apartment without notice in Virginia?
No. Landlords must give at least 24 hours’ written notice before entering, unless it’s an emergency like a water leak or fire. They can’t enter for casual visits or inspections without a valid reason and proper notice.
How long does a landlord have to return my security deposit in Virginia?
Landlords have 45 days after you move out to return your full deposit or send a written itemized list of deductions. If they don’t, you can sue for double the amount wrongfully kept.
Can I break my lease if my landlord doesn’t make repairs?
You can’t just walk away. But if the unit becomes uninhabitable and the landlord ignores written requests for 21 days, you may legally terminate the lease. You must document everything and follow Virginia’s repair-and-deduct or lease termination rules exactly.
Is there rent control in Virginia?
No. Virginia does not have any state or local rent control laws. Landlords can raise rent by any amount as long as they give proper notice-30 days for month-to-month leases, or wait until the end of a fixed-term lease.
What if my landlord tries to evict me without going to court?
That’s illegal. Changing locks, shutting off utilities, or removing your belongings without a court order is a criminal offense in Virginia. Call the police and contact a tenant rights organization immediately.
If you’re unsure about your rights, don’t guess. Reach out to a tenant advocacy group. The law is on your side-if you know how to use it.
