Virginia Tenant Law: Security Deposits, Late Fees & Landlord Entry (2026)

Security deposits

Max

2 months' periodic rent (security deposit however named). Security deposit plus damage-insurance and renter's-insurance premiums paid before the tenancy starts may not exceed 2 months' rent in total.

Return deadline days

45 days

Itemization required

Yes

Source: Va. Code §§ 55.1-1226(A), 55.1-1208(A)(7)

Late fees

Rule

Only if provided for in the written rental agreement; capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due.

Source: Va. Code § 55.1-1204(E)

Landlord entry

Notice

Notice of intent to enter and entry only at reasonable times, except in an emergency or where impractical. At least 72 hours' notice for routine maintenance the tenant did not request. Landlord may not abuse access or use it to harass the tenant.

Source: Va. Code § 55.1-1229(A)

Ending a month-to-month tenancy

Tenant

30 days (written, before the next rent due date), unless the rental agreement provides a different period

Landlord

30 days (written, before the next rent due date), unless the rental agreement provides a different period; 60 days for certain mass non-renewals in multifamily premises

Source: Va. Code § 55.1-1253(A)-(B)

Rent increases

Rule

Landlords owning more than four rental units (or >10% interest in more than four) must give written notice of a rent increase for the next term, and of non-renewal, at least 60 days before the lease term ends, to tenants with a renewal option or auto-renewal clause. An amended version effective July 1, 2027 raises the rent-increase notice to 90 days.

Source: Va. Code § 55.1-1204(K)

Repairs & habitability

Rule

Landlord must comply with building and housing codes materially affecting health and safety, make all repairs needed to keep the premises fit and habitable, and keep supplied electrical, plumbing, heating and air-conditioning facilities in good working order. If the landlord fails to fix a serious condition after written notice, the tenant may file a rent-escrow assertion in general district court, paying rent into court within 5 days of the due date; a delay of more than 30 days after notice is presumed unreasonable.

Source: Va. Code §§ 55.1-1220, 55.1-1244

Retaliation

Rule

Landlord may not raise rent, cut services, or threaten/bring an eviction or termination because the tenant complained to a housing-code agency, complained or sued under the Act, joined a tenants' organization, or testified against the landlord. Tenant may recover actual damages and raise retaliation as a defense. (Expanded version effective January 1, 2027.)

Source: Va. Code § 55.1-1258

Clauses often unenforceable in Virginia

• Waiver of the tenant's rights or remedies under the Act (55.1-1208(A)(1))
• Confession of judgment (55.1-1208(A)(3))
• Tenant pays the landlord's attorney fees except as the Act allows (55.1-1208(A)(4))
• Limiting the landlord's liability or making the tenant indemnify the landlord for it (55.1-1208(A)(5))
• Deposit plus pre-paid insurance premiums above 2 months' rent (55.1-1208(A)(7))
• Advance waiver of Servicemembers Civil Relief Act rights (55.1-1208(A)(8))
• A general maintenance/repair fee not caused by the tenant's violation (55.1-1208(C))
• Late fee above 10% of rent / of the balance due (55.1-1204(E))