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Tenant Rights in Virginia

A comprehensive guide to your rights as a renter in Virginia. Covers security deposits, eviction procedures, rent control, repair obligations, and when to get legal help.

Data last updated: Apr 16, 2026

Key Takeaways

  • Security deposit max: 2 months' rent..
  • Return deadline: 45 days after the tenancy ends..
  • Rent control: No.
  • Repair and deduct: Allowed.
2 months' rent. Security deposit maximum
45 days after the tenancy ends. Deposit return deadline
No Statewide rent control
Required Judicial eviction

Security Deposits

  • Maximum amount2 months' rent.
  • Return deadline45 days after the tenancy ends.

Landlord may deduct for unpaid rent, damages beyond normal wear and tear, and other charges allowed by the lease. Must provide an itemized list within 45 days. A move-in inspection must be offered to the tenant.

Eviction Process

  • Notice requirements5-day pay-or-quit notice for nonpayment of rent. 21-day notice for material lease violations (with 21-day cure period). 30-day notice for termination of month-to-month tenancy.
  • Judicial eviction requiredYes
  • Estimated timeline3 to 6 weeks for uncontested cases.

Rent Control

Virginia law (Va. Code § 55.1-1232) preempts local governments from enacting rent control.

Repair and Habitability

  • Repair and deductAllowed
  • Rent withholdingAllowed
  • Retaliation protectionYes

Lease Termination

  • Month-to-month notice30 days' written notice by either party.

Tenant may be liable for remaining rent. Landlord must make reasonable efforts to mitigate damages. Military members may terminate under the SCRA. Victims of family abuse may terminate early under Va. Code § 55.1-1236.

Key Statutes

  • Virginia Residential Landlord and Tenant Act: Va. Code §§ 55.1-1200 to 55.1-1262
  • Security Deposits: Va. Code § 55.1-1226
  • Landlord Obligations: Va. Code § 55.1-1220
  • Tenant Remedies: Va. Code § 55.1-1234 to 55.1-1236
  • Retaliation: Va. Code § 55.1-1258

When to Get Legal Help

  • You're facing eviction, especially with short notice
  • Your landlord is withholding a large security deposit
  • You believe you're being discriminated against
  • Your unit has serious habitability issues the landlord refuses to fix

Find free legal aid in Virginia

Frequently Asked Questions

  • What is the security deposit limit in Virginia?

    Virginia limits security deposits to 2 months' rent. The deposit must be returned within 45 days after the tenancy ends, with an itemized statement of deductions.

  • Can I withhold rent for repairs in Virginia?

    Yes. Virginia tenants may withhold rent or use the repair-and-deduct remedy after the landlord fails to address habitability issues within a reasonable time after written notice. Rent can be placed into an escrow account.

  • How much notice is required for eviction for nonpayment in Virginia?

    A landlord must give a 5-day pay-or-quit notice for nonpayment of rent. After the 5-day period, the landlord can file an unlawful detainer action in general district court.

  • Does Virginia have rent control?

    No. Virginia law preempts local governments from enacting rent control ordinances under Va. Code § 55.1-1232.

Legal Disclaimer: FreeNetLaw provides general legal information, not legal advice. The information on this site is not a substitute for consultation with a licensed attorney. Laws vary by jurisdiction and change frequently. Always verify information with official sources and consult a qualified attorney for advice about your specific situation.

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