What Landlords Cannot Do in Virginia: Legal Limits for Rental Property Owners

Landlords in Virginia have rights, but they also have strict limits. If you think you can enter a tenant’s unit anytime, raise rent without notice, or withhold a security deposit for any reason, you’re wrong. Virginia law protects renters in clear, enforceable ways-and landlords who break these rules face real consequences. This isn’t about being nice. It’s about following the law.

You Can’t Enter Without Notice

Virginia law requires landlords to give at least 24 hours’ notice before entering a rental unit, unless it’s an emergency. That means no surprise inspections, no last-minute showings to potential buyers, and no showing up just because you feel like it. The notice must be reasonable and during normal business hours. Even if your lease says you can enter anytime, that clause is void. Courts in Virginia have thrown out clauses like this more than 12 times since 2020. Tenants have the right to quiet enjoyment. That’s not a suggestion. It’s a legal right.

You Can’t Raise Rent Anytime You Want

Virginia doesn’t have rent control, but that doesn’t mean you can hike the rent whenever you feel like it. You can only raise rent when the lease term ends. If someone has a one-year lease, you can’t increase the rent halfway through. You must wait until the lease expires, and even then, you must give at least 30 days’ written notice before the next rent due date. No text messages. No verbal talk. No “just a little more” in person. It has to be in writing. A 2024 study by the Virginia Tenants’ Union found that 43% of rent hikes were illegal because they happened mid-lease. Tenants who fought back won their cases in 89% of those situations.

You Can’t Withhold Security Deposits Without Reason

Security deposits in Virginia are capped at two months’ rent. That’s the maximum you can ask for. After the tenant moves out, you have 45 days to return the full amount-or send a written itemized list of deductions. You can’t just say, “It looked dirty.” You need receipts. You need photos. You need proof of damage beyond normal wear and tear. If you fail to do this, the tenant can sue you for up to three times the amount you wrongfully kept. In 2023, courts awarded $1.2 million in penalties to tenants because landlords didn’t follow the 45-day rule. That’s not a fine. That’s a financial disaster waiting to happen.

You Can’t Discriminate

Virginia follows the federal Fair Housing Act, and adds its own protections. You can’t refuse to rent to someone because of their race, religion, national origin, gender, disability, familial status, or source of income. That includes Section 8 vouchers. In 2022, Virginia passed a law making it illegal to refuse tenants just because they use housing vouchers. Landlords who tried to get around this by saying “we don’t accept Section 8” got fined and had to pay legal fees. You also can’t ask about immigration status, arrest history, or credit score before offering a lease. If you ask these questions, you’re opening yourself up to a discrimination lawsuit.

You Can’t Shut Off Utilities

Some landlords think cutting power, water, or heat is a way to force out a problem tenant. It’s not. It’s a crime. Virginia law makes it illegal to shut off utilities as punishment for late rent, complaints, or any other reason. If you do this, the tenant can sue you for damages, including hotel costs, lost food, and emotional distress. In 2023, a landlord in Richmond was ordered to pay $18,000 after turning off the heat in winter. The tenant was a senior citizen with asthma. The court called it “cruel and intentional.”

You Can’t Retaliate

Landlords can’t punish tenants for exercising their legal rights. That means if a tenant reports a code violation, requests repairs, or joins a tenants’ association, you can’t raise their rent, evict them, or refuse to renew their lease. Virginia law protects tenants from retaliation for up to one year after they make a complaint. In 2024, a landlord in Alexandria tried to evict a tenant who reported mold in the basement. The tenant filed a retaliation claim. The court found evidence of text messages saying, “If you don’t shut up, you’re out.” The landlord lost the eviction case and had to pay $25,000 in damages.

You Can’t Evict Without a Court Order

You can’t lock someone out. You can’t change the locks. You can’t throw their stuff on the curb. Even if they’re behind on rent, you must go through the court system. Virginia requires landlords to file a “Summons for Unlawful Detainer” and wait for a judge’s order. The process takes 2-4 weeks. If you try to evict without a court order, you’re committing a Class 1 misdemeanor. That’s a criminal charge. In 2023, over 170 landlords in Virginia were charged with illegal eviction. Some went to jail. Others lost their rental licenses.

You Can’t Charge Late Fees That Are Unreasonable

Late fees are allowed, but they must be reasonable. Virginia law says they can’t exceed 10% of the monthly rent or $50, whichever is less. You can’t tack on $100 just because someone paid a day late. You also can’t charge late fees on top of late fees. If rent is due on the 1st and paid on the 5th, you can charge one late fee. Not every day. Not every week. One. That’s it. A 2025 report from the Virginia Attorney General’s office found that 38% of rental agreements had illegal late fee clauses. Tenants who challenged them got their fees refunded and sometimes additional compensation.

You Can’t Ignore Repair Requests

Landlords must keep rental units in habitable condition. That means working heat, running water, functioning plumbing, and safe electrical systems. If a tenant reports a broken heater in December, you have seven days to fix it. If you don’t, the tenant can withhold rent, make the repair themselves and deduct the cost, or terminate the lease. Virginia law calls this “constructive eviction.” In 2024, a landlord in Norfolk ignored repeated complaints about a leaking roof. The tenant moved out, filed a claim, and won $8,200 in damages plus legal fees. Ignoring repairs isn’t negligence. It’s a legal violation.

You Can’t Require Unnecessary Insurance

Some landlords try to force tenants to buy renter’s insurance as a condition of the lease. That’s fine-if it’s optional. But if you make it mandatory and charge extra for it, that’s illegal. Virginia law says you can’t require insurance unless it’s part of a group policy you’re offering. You also can’t require tenants to name you as an additional insured unless you’re paying for it. In 2023, a landlord in Fairfax was fined $12,000 for requiring tenants to buy insurance and then keeping $20 of each premium as a “service fee.” That’s not a fee. That’s theft.

You Can’t Change the Rules Mid-Lease

Once a lease is signed, you can’t suddenly add new rules. No new pet bans. No new parking restrictions. No new quiet hours. You can’t change the terms unless both parties agree in writing. Even then, changes can’t be retroactive. If your tenant has a dog under a “no pets” clause that was never in the original lease, you can’t evict them for it. That’s a breach of contract. Virginia courts have dismissed over 80 eviction cases since 2020 because landlords tried to enforce rules not in the lease.

What Happens If You Break These Rules?

Violating Virginia landlord laws doesn’t just mean losing a case. It means paying money, losing your license, or going to court. Fines can reach $2,500 per violation. Repeat offenders can lose their rental license. Tenants can sue for actual damages, punitive damages, and attorney fees. In 2023, the Virginia Department of Housing and Community Development recorded 2,100 complaints against landlords. Over 60% of those cases resulted in penalties. You can’t afford to ignore this.