Virginia Rent Control Laws in 2024

Rent Control Laws in Virginia

Virginia has no statewide rent control or rent stabilization laws limiting how much landlords can raise rent each year. Landlords can raise rents to market rates when an existing lease ends or with proper notice during a lease term, as long as the tenant is given sufficient written notice (typically 30-60 days). 

While there are no rent control laws at the state level, some localities in Virginia have implemented limited rent stabilization measures. For example, Arlington County has restrictions to limit rent increases to no more than 3% during lease renewals. The city of Alexandria also previously had rent control policies, but they were abolished in the 1980s. 

Advocacy groups like the Virginia Poverty Law Center have been pushing for more tenant protections and rights in Virginia, including implementing rent control or stabilization to protect tenants from significant rent hikes. Several bills have been proposed unsuccessfully to grant localities the authority to institute rent regulations in recent years. Tenant advocacy organizations' efforts are expected to continue in 2022. However, significant opposition from landlords and real estate groups makes statewide rent control in Virginia unlikely shortly.

Rent Increase Laws 

Virginia has no statewide laws limiting or controlling how much a landlord can raise rents when a lease expires or renews. This means landlords can raise rents to market rates when a lease ends, with no caps on the maximum allowable increase. 

However, landlords in Virginia must provide tenants with written notice before increasing rent, even when a lease expires. The amount of notice needed depends on the terms of the rental agreement:

- If the tenant has a month-to-month rental agreement, the landlord must provide at least 30 days notice before increasing rent.

- For tenants with leases for longer fixed terms (such as 6 months or 1 year), the landlord must provide notice of any rent increase at least 30 days before the end of the lease term.

- If the tenant has a week-to-week rental agreement, a minimum 7 days' notice is required for a rent increase.

The landlord's notice of a rent increase must be in writing; verbal notifications are not sufficient. 

If the landlord fails to provide proper written notice per Virginia law before raising the rent, the tenant may only pay the increased amount once proper notice is given.

So, while Virginia landlords can raise rents without limits when leases expire, they must adhere to notice requirements before doing so. Tenants should review their lease agreements closely to understand applicable notice periods in Virginia.

Eviction Laws in Virginia

Virginia landlords must follow proper legal procedures to evict a tenant. This involves providing written notice to the tenant, filing court eviction paperwork, and obtaining a court order to remove the tenant.

During the COVID-19 pandemic, Virginia implemented temporary eviction protections that prohibited evictions for nonpayment of rent due to financial hardship from the pandemic. Most of these eviction limitations expired in June 2021. 

If a landlord files for eviction, tenants can appear in court and contest the eviction. Reasons to contest an eviction may include improper notice, retaliation, discrimination, uninhabitable conditions, or an illegal eviction lockout. Tenants facing eviction should seek legal assistance to understand their rights and options.

Virginia Legal Aid and other legal aid organizations provide free or low-cost legal help for qualifying low-income tenants facing eviction. The Virginia Poverty Law Center and tenant advocacy groups also have resources to assist tenants in navigating the eviction process.

Tenant Rights in Virginia

Tenants in Virginia have several rights under state law that provide important protections for renters. Some essential tenant rights in Virginia include:

Right to Habitable Living Conditions

Virginia law requires landlords to maintain rental properties in habitable condition. This means the unit must be fit for occupancy and comply with relevant building and housing codes. Landlords are required to make any necessary repairs to keep the property habitable. Suppose a landlord fails to fix serious conditions that affect the tenant's health or safety (such as lack of heat, water leaks, or rodent infestation). In that case, the tenant may terminate the lease or take other actions.

Protection from Discrimination and Retaliation 

Landlords in Virginia cannot refuse to rent to or discriminate against potential tenants based on race, color, religion, national origin, sex, elderliness, familial status, or disability. Tenants are also protected from retaliation if they file a complaint against the landlord or attempt to enforce their rights.

Access to Landlord-Tenant Dispute Resolution

Many localities in Virginia have landlord-tenant dispute resolution systems to help mediate issues between tenants and landlords. Tenants can bring complaints about maintenance, security deposits, illegal actions by the landlord and more. Some counties provide tenant-landlord counseling services.

Security Deposit Return within 45 Days  

Virginia law requires landlords to return any unused portion of the security deposit to the tenant within 45 days of moving out. The landlord must include a list of any damages/costs deducted from the deposit. If the landlord fails to return the deposit in time, the tenant can sue to recover up to double the withheld amount.

Rental Agreements in Virginia

Virginia does not have a standard state rental or lease agreement that landlords must use. However, all rental agreements in Virginia should contain some basic provisions to make them legally binding:

- Names of the landlord and tenant(s)

- Address of the rental property  

- Amount of monthly rent  

- When rent is due each month

- Length of the rental term (6 months, 1 year, etc)

- Security deposit amount and terms

- Tenant and landlord responsibilities 

- Signatures of all parties

In Virginia, rental agreements can be either oral or written. However, written leases are highly recommended to avoid misunderstandings between tenants and landlords. With a written lease, both parties have documentation to refer to in case of disputes.

All rental agreements in Virginia must abide by the state's landlord-tenant laws and regulations, regardless of any conflicting lease terms. Landlords cannot include illegal or unenforceable provisions even if a tenant signs it. Essential laws relate to security deposits, discrimination, habitability, rent increases, evictions, etc.   

A strong rental agreement for both parties will clearly and in writing detail all expected terms, payments, policies, and procedures. This includes the rent amount, due date, grace period, late fees, security deposit details, tenant responsibilities, prohibited activities, maintenance requests, right of entry, and termination/renewal provisions.

Renting Tips for Virginia Tenants

When renting in Virginia, tenants need to understand their rights and responsibilities. Here are some tips for renters in Virginia:

- Read the lease carefully before signing. Take your time, and make sure you understand all the terms and conditions. Look for any prohibited activities and be aware of fees. Get clarification from the landlord on anything that is unclear. 

- Document the condition of the unit when moving in. Take photos or video, note any damages or issues, and submit a copy to the landlord. This protects you when moving out.

- Pay rent on time. Pay by the due date and get receipts for rent paid. Late fees can add up quickly. Notify the landlord immediately if you anticipate any problems paying rent. 

- Maintain open communication with your landlord. Being upfront prevents misunderstandings. Notify them promptly about needed repairs or issues. Send maintenance requests in writing.

- Purchase renters insurance. Get liability coverage and personal property coverage. Virginia law does not require this but it provides protection if issues arise.

- Avoid withholding rent without proper procedures. There are very specific steps tenants must follow to legally withhold rent in Virginia. Consult an attorney to ensure you follow the law.

- Understand when the landlord can enter your unit. Virginia law outlines reasons a landlord may enter and requires proper notice be given to tenants beforehand. 

Renting Tips for Virginia Landlords

As a landlord in Virginia, you want to find and keep good tenants while following all applicable laws. Here are some tips for being a successful landlord:

- Screen tenants thoroughly - Have rental applicants complete a detailed application covering income, employment, rental history, credit check, and criminal background check. Call previous landlords for references. Review applications carefully to avoid problem tenants. 

- Follow all notice requirements - Provide proper written notice for entry, non-renewal, termination, and any rent increases. Adhere to notice periods outlined in rental agreements. Send notices by registered or certified mail.

- Make repairs promptly - Address maintenance issues like plumbing, appliances, pest control etc. in a timely manner. Provide 24-72 hours notice before entering for non-emergency repairs. Neglecting repairs can violate the warranty of habitability.  

- Avoid illegal discrimination - Do not refuse to rent to or treat anyone differently based on race, religion, national origin, sex, disability, familial status, elderliness, or other protected classes. Set the same terms and qualifications for every applicant.

- Understand landlord-tenant laws - Be familiar with federal, state, and local landlord-tenant laws pertaining to security deposits, evictions, rent control, discrimination, and more. Consult an attorney when needed.

- Create detailed leases - Use thorough written leases that comply with Virginia laws. Address late fees, returned checks, maintenance, guests, pets, early termination, and other policies.

- Document everything - Keep copies of leases, rent payments, maintenance requests, notices, and communications. Photograph rental unit's condition when tenants move out.

Rental Assistance Programs

There are several rental assistance programs available to Virginia residents who need help affording housing costs:

Rent and Mortgage Relief Program

The Rent and Mortgage Relief Program provides financial assistance for rent and mortgage payments for households facing financial hardship due to the COVID-19 pandemic. If eligible applicants meet income and need requirements, they can receive up to 15 months of assistance. The Virginia Department of Housing and Community Development administers the program.

Housing Choice Voucher Program 

The federal Housing Choice Voucher program provides rental assistance vouchers to very low-income families, seniors, and people with disabilities. The vouchers pay a portion of the household's monthly rent directly to the landlord. Eligible households find their own rental housing and apply through local public housing agencies.

Emergency Solutions Grants Program

The Emergency Solutions Grants Program provides funding for organizations in Virginia that assist individuals and families experiencing homelessness or at risk of becoming homeless. The grants support emergency shelter, transitional housing, street outreach, and homelessness prevention services. The U.S. Department of Housing and Urban Development allocates the funds.

Low-Income Housing Tax Credit

The Low Income Housing Tax Credit provides tax incentives to encourage private investment in affordable rental housing for low-income tenants. Developers apply for tax credits to help finance the construction or rehabilitation of affordable housing units. The Virginia Housing Development Authority administers the program.

Virginia Landlord Associations

Virginia has several notable landlord and property management associations that provide services, education, and advocacy for landlords and rental housing providers in the state.

Virginia Apartment Management Association

The Virginia Apartment Management Association (VAMA) is the largest landlord association in Virginia. Through its member companies, VAMA represents over 230,000 apartment homes across the state. The association offers training, workshops, and certifications for property managers and lobbies on behalf of landlords and the rental housing industry in Virginia.

Central Virginia Landlord Association  

The Central Virginia Landlord Association provides services and advocacy for landlords in the greater Richmond region. It offers monthly meetings, continuing education, and resources on maintenance, fair housing laws, and evictions. The association promotes professionalism and fairness in the local rental housing market.

Hampton Roads Residential Rental Association

Based in Virginia Beach, the Hampton Roads Residential Rental Association serves landlords and property managers in the Hampton Roads metropolitan area. It offers training programs, sample rental forms, credit reports, and other services for members. The association also engages in advocacy efforts related to landlord-tenant laws and rental housing policies in the region.

Tenant Resources in Virginia

Some several organizations and groups provide support, advocacy, and legal aid for tenants in Virginia.

Virginia Poverty Law Center

The Virginia Poverty Law Center is a non-profit legal services organization that provides free legal assistance to low-income individuals on housing issues such as evictions, foreclosures, and landlord-tenant disputes. It has offices across the state and helps connect tenants with pro bono attorneys.

Virginia Fair Housing Office

The Virginia Fair Housing Office assists with housing discrimination complaints and ensures landlords comply with fair housing laws. Tenants who feel they have faced discrimination can file a report to have their case investigated.

Legal Aid Organizations

Several legal aid groups operate locally and regionally in Virginia. They offer free or low-cost legal help to qualifying tenants, including assistance with eviction defense. Examples include Blue Ridge Legal Services, Legal Aid Justice Center, and Legal Aid Works.

Tenant Unions

Grassroots tenant unions and advocacy groups provide counseling, organizing, and support for tenants fighting unfair practices. The Richmond Tenants Union and the Harrisonburg Tenants Union are two active organizations.

Frequently Asked Questions

How much can a landlord increase rent in Virginia?

In Virginia, there is no statewide rent control policy, so landlords can increase rent by any amount as long as they provide proper notice, typically 30 days before the lease renewal or at the end of the lease term, unless a different notice period is specified in the lease agreement.

Is Virginia rent stabilized?

Virginia does not have rent stabilization policies. Rent stabilization typically involves laws or regulations that limit the amount by which rent can be increased annually, and such measures are not currently implemented in the state.

What laws protect renters in Virginia?

Renters in Virginia are protected under the Virginia Residential Landlord and Tenant Act, which provides guidelines on security deposits, lease requirements, and the rights and duties of both landlords and tenants. This act also includes provisions for maintaining safe and habitable housing and outlines procedures for addressing lease violations and evictions.

Does Virginia have a rent increase cap?

Virginia does not impose a cap on rent increases. While some states or cities might limit how much rent can be raised in a given period, Virginia allows landlords to set rental prices freely, as long as they adhere to the lease agreement and provide adequate notice to tenants.