Know Your Rights - A Guide for Tenants Renting in the State of Virginia - June 1

Sep 16, 2026

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Know Your Rights outlines key tenant protections under Virginia law across the rental timeline: what makes someone a tenant, what notices are required before eviction, and what landlords must provide in written lease agreements. It explains lease terms such as rent due dates, late fees, and limits on security deposits. The guide also covers deposit return timelines, repair responsibilities for landlords and tenants, and practical steps for inspections, documentation, and move-in/move-out compliance.

LanguageEnglish

CategoryLetters

FormatPDF

Pages11

Reading Time4 min

AccessFree to download

Introduction

Lease Agreements

Security Deposits

Repairs

[www.cvlas.org](www.cvlas.org) 101 W. Broad St., Suite \#101 Richmond, Virginia 23220 804-648-1012 or 800-868-1012 Fax: 804-649-8794 229 North Sycamore Street Petersburg, Virginia 23803 804-862-1100 or 800-868-1012 Fax: 804-861-4311 1000 Preston Avenue, Suite B Charlottesville, Virginia 22903 434-296-8851 or 800-390-9983 Fax: 434-296-5731 Know Your Rights: A Guide for Tenants Renting in the State of Virginia Introduction Under Virginia law, tenants have certain rights when they move in, while they are renting, and before they can be evicted. You are a tenant if you pay regular amounts of rent during regular time periods, such as once a month or once a week. You also are a tenant if you have lived in a hotel or motel for more than 90 days, or you are subject to a written lease for a period of more than 90 days. You are not a tenant if you have lived in a hotel or motel for less than 90 days. In this case, the only legal right you have is to receive a five day “pay or quit”notice before your landlord evicts you by self-help without going to court. Lease Agreements Starting July 1, 2019, landlords must offer written leases. If the landlord does not do that, the law sets out a specific lease that will apply. This lease has these rules: • The lease is 12 months with no automatic renewal. • Rent is paid in 12 monthly payments. • Rent is due on the first of the month and late after the fifth of the month. • A reasonable late fee may be charged. • The security deposit can be no more than two months’ rent. • The landlord and tenant still may enter into a written lease. A lease is a contract stating what the landlord will do and what you as the renter will have to do. The law generally will make you follow all the terms of lease, so make sure you clearly understand what you have agreed to do. Pay careful attention to the following items: 1. How much the rent will be per month. 2. How much the security deposit will be, if there is one. 3. What day is the rent due and when is it considered late. 4. How much is the late fee, if you are late with the payment. 5. How long the lease runs: month-to-month, 6 months, one year. 6. How many days advance notice do you have to give if you wish to move. 7. Whether the electric, heat, water and sewer are included in the rent. 8. Whether a refrigerator and stove are provided by the landlord. 9. What you must do to get repairs made. 10. Any specific rules or other charges. IMPORTANT TIP: If you and the landlord agree to something that is not written in the lease, for example specific repairs the landlord will make, add it to the lease and have both you and the landlord initial and date it. You also can write the agreement on apiece of paper, have both you and the landlord sign and date it, and keep a copy for yourself. Security Deposits Most landlords will make you pay a security deposit before you move in. Under Virginia law, the security deposit cannot be more than 2 months ’ rent. The security deposit is held by the landlord until you move out to cover the cost of any damages, above reasonable wear and tear, you may make to the apartment or house while you live there, or any unpaid rent or other charges that you owe. If you leave owing no money and the premises are clean and in generally the same condition as when you first moved in, the security deposit will be returned to you. However, if there are damages or money owed, the landlord will keep the security deposit. Within 45 days after you move out, the landlord must return the security deposit, or send you an itemized list of the damages or charges deducted from the security deposit. If the landlord does not do either of these things within 45 day period, or if you disagree with the itemized list of the damages or charges, you can go to court and sue for the return of your security deposit. IMPORTANT TIPS: Always thoroughly check the rooms, appliances, and plumbing before you move

FAQs

Who is considered a tenant under Virginia law in this guide?

You are a tenant if you pay regular rent during regular time periods, have lived in a hotel or motel for more than 90 days, or are under a written lease for more than 90 days. If the stay is less than 90 days, the guide explains that you are not a tenant and only receive a five-day pay or quit notice before eviction by self-help without court.

What written lease requirements apply starting July 1, 2019?

Landlords must offer written leases; if they do not, a specific lease applies. The guide states the lease is 12 months with no automatic renewal, rent is paid in 12 monthly payments due on the first and late after the fifth, a reasonable late fee may apply, the security deposit is capped at two months’ rent, and the parties may still enter a written lease.

How long does a landlord have to return a security deposit in Virginia?

Within 45 days after you move out, the landlord must return the deposit or send an itemized list of damages or charges deducted. If they do neither within the period, or if you disagree with the list, the guide indicates you can go to court and sue for return of the deposit.

Sep 16, 2026

Upload by Franzy