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What are tenant rights in Virginia?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Virginia tenant rights are governed by the Virginia Residential Landlord and Tenant Act (VRLTA), Va. Code § 55.1-1200 et seq.

1. Security Deposit — Capped at 2 months' rent under § 55.1-1226. Landlord must return within 45 days of termination with an itemized accounting of deductions.

2. Habitability — § 55.1-1220 requires landlords to comply with building and housing codes; make all needed repairs; keep common areas clean and structurally safe; maintain electrical, plumbing, sanitary, heating, ventilation, air-conditioning systems and appliances in good and safe working order; and supply running water and reasonable heat.

3. Tenant Remedies — § 55.1-1234 (Tenant's Assertion) allows tenants to pay rent into court escrow when habitability is at issue. Tenants may also seek injunctive relief, damages, or termination.

4. Notice for Entry — § 55.1-1229 requires 24 hours' notice for non-emergency entry.

5. Eviction Notice — § 55.1-1245 requires a 5-day pay-or-quit notice for nonpayment, or 30-day notice for non-remediable breaches. Curable breaches require 21/30 notice (21 days to cure or 30 days to vacate).

6. Termination of Month-to-Month — § 55.1-1253 requires 30 days' written notice.

7. Rent Control — Prohibited by Va. Code § 55.1-1204.

8. Discrimination — Virginia Fair Housing Law (§ 36-96.1) prohibits discrimination on race, color, religion, national origin, sex, elderliness, familial status, source of funds, sexual orientation, gender identity, military status, and disability.

9. Retaliation — § 55.1-1258 prohibits retaliation against tenants who complain to government or assert rights, with damages including up to 3 months' rent and attorney fees.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Facing eviction in court
  • Landlord retaliating after complaint
  • Habitability issue causing health risk
Related Statutes & Laws
  • Va. Code § 55.1-1220
  • Va. Code § 55.1-1226
  • Va. Code § 55.1-1245
  • Va. Code § 55.1-1258

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.