Articles : Virginia Landlord Tenant Law and Regulations

May I charge an application fee?
An application fee shall not exceed $50, excluding any actual out-of-pocket expenses paid by the landlord to a third party performing background, credit, or other pre-occupancy checks on the applicant. However, where an application is being made for a dwelling unit which is a public housing unit, an application fee shall not exceed $32. Any landlord may require an application fee and a separate application deposit. If the applicant fails to rent the unit for which application was made, from the application deposit the landlord shall refund to the applicant within 20 days after the applicant's failure to rent the unit or the landlord's rejection of the application all sums in excess of the landlord's actual expenses and damages together with an itemized list of said expenses and damages.

How much can I charge for rent?
The General Assembly of Virginia has declared that federal rent control is no longer necessary. However, there are areas where subsidized and low income housing is still in place, but no rent control.

May I accept Pre-Paid Rent?
Landlords may accept pre-paid rent. Any prepaid rent shall be placed in an escrow account in a federally insured depository in Virginia by the end of the fifth business day following receipt, and shall remain in the account until such time as the pre-paid rent becomes due. Unless the landlord has otherwise become entitled to receive any portion of the pre-paid rent, it shall not be removed from the escrow account.

May I charge a late fee?
Assessed fees should be reasonably related to the expenses the landlord incurs as a result of a late payment.

May I charge a returned payment fee?
The processing fee for a returned check or payment shall not exceed $50 and must be specified in the rental agreement.

Is there a limit on the amount I may collect for a security deposit?
The security deposit may not exceed 2 month's rent. The landlord must place the security deposit in an FDIC Insured Financial Institution.

Please Note: Security deposits that are held for more than 13 months earn interest. For all rental agreements signed or renewed after January 1, 1995, interest accrues in 6 month periods at a rate equal to the Federal Reserve Board's discount rate as of January 1st of each year.

After my tenant has moved, how long do I have to send the security deposit back
A landlord is required to either mail or hand deliver a security deposit return, along with a written statement itemizing any deductions, to a tenants last known address within 14 days of after the tenant moves out. However the 14 day period begins on the date the landlord discovers that the tenant has vacated or abandoned the dwelling unit or the date the tenant vacated the unit provided the tenant gave notice to the landlord of that date.

It is not required to specify in the lease the maximum number of days to return the security deposit, this is optional.

What is a common problem where security deposits are concerned?
At times landlords may try claiming deductions for items that are often characterized by the court as normal wear and tear. This situation may be prevented by realistically evaluating each deduction, providing proof of damage, as well as including repair receipts and pictures.

What are the rules for ending a Lease Agreement?
Week-to-Week: The landlord or the tenant may terminate a tenancy by serving a written notice to the other 7 days prior to the next rental due date.
Month-to-Month: The landlord or the tenant may terminate a tenancy by serving a written notice to the other at least 30 days prior to the next rental due date.
Year to Year: The landlord or tenant may terminate a tenancy by either party giving 3 months' notice, in writing, prior to the end of any year of the tenancy.
Fixed-Term: As specified in the Lease Agreement.

How much notice do I have to give a tenant in order to evict them?
When there is a material noncompliance by the tenant or when a violation of VRLTA § 55-248.16 materially affects health and safety, the landlord may serve a written notice on the tenant specifying the acts and omissions constituting the breach and stating that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice if the breach is not remedied within 21 days, and that the rental agreement shall terminate as provided in the notice.

If the tenant adequately remedies the breach prior to the date specified in the notice, the rental agreement shall not terminate.

If rent is unpaid when due, and the tenant fails to pay within 5 days after written notice is served notifying the tenant of their nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the 5 day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in VRLTA § 55-248.35.

What must I do to inspect my property? Do I have to notify the tenant?
A tenant may not unreasonably withhold consent to the landlord to enter into the leased premises in order to make necessary or agreed upon repairs, supply services, or show the unit. Except in an emergency or when it's impractical to do so, the landlord shall give the tenant a 24 hour notice of his intent to enter the leased premise.

Do I have the right to enforce no smoking in my rental property?
A landlord may establish a “No Smoking” policy by providing so in the lease.

How do I tell if my tenant has “skipped” out of the apartment?
If a landlord cannot determine whether the premises have been abandoned by the tenant, the landlord shall serve written notice to the tenant in accordance with VRLTA §55-248.6 requiring the tenant to give written notice to the landlord within 7 days that the tenant intends to remain in occupancy of the premises. If the tenant gives such a written notice to the landlord, or if the landlord otherwise determines that the tenant may remain in the premises, the landlord shall not treat the premises as having been abandoned. Unless the landlord receives written notice from the tenant or otherwise determines that the tenant remains in occupancy of the premises, upon the expiration of seven days from the date of the landlord’s notice to the tenant, there shall be rebuttable presumption that the premises have been abandoned by the tenant and the rental agreement shall be deemed to terminate on that date.

Aside from the lease agreement, are there any additional documents necessary?
Inspection Report
The landlord shall within 5 days after tenant takes occupancy, submit a written report to the tenant for tenant’s safekeeping, which will itemize any damages that existed in the property unit at the time of occupancy. This report will be considered correct unless the tenant objects in writing within 5 days of receipt of the report. The landlord may also adopt a written policy allowing a tenant to prepare a move-in inspection report in which case the tenant will submit the report to the landlord within 5 days after receipt and both landlord and tenant will sign and receive a copy. If no objections are noted, the report will be deemed correct.

Mold Disclosure
As part of the move-in inspection report the landlord MUST disclose to the tenant whether there is any visible evidence of mold. If the inspection states that there is NO visible evidence of mold it shall be deemed correct unless the tenant objects in writing within 5 days of receipt of the report. If there is evidence of mold, the tenant shall have the option to terminate the tenancy. If the tenant requests to take possession or remain in possession, the landlord shall promptly remediate the mold condition within 5 days.

Disclosure of Military Facility
If the rental property is located in a noise zone or accident potential zone or both as designated by it’s locality on the official zoning map, the landlord must provide written disclosure to prospective tenants. A person who is not provided a disclosure as specified in VRLTA §55-248.12:1, may terminate the lease agreement at any time during the first 30 days of the lease as per the VRLTA.

Lead Disclosure
If the leased premises was constructed prior to 1978, the landlord must provide all tenants with the Lead-Based Paint EPA Disclosure and the Lead-Based Paint EPA Pamphlet. Mold Disclosure is also needed.

Disclaimer:
The information provided herein is intended as a general discussion of legal issues concerning landlord tenant law. Information provided is not legal advice or a legal opinion, and it is recommended that the reader seek independent counsel for any specific issue.