Rental Property Compliance and Responsibilities for Virginia Landlords

Part of being a successful landlord is adhering to regulations and all federal, state, and local laws. This can be a complex and confusing task for even the most seasoned investors. However, failing to comply means facing potential fines, loss of license, or expensive litigation. Continue reading below as we highlight the rental property compliance needs and basic responsibilities of Virginia landlords.

Key Takeaways

• Virginia landlords must comply with the Virginia Residential Landlord and Tenant Act, applicable building and housing codes, Fair Housing laws, and any additional local rental requirements.
• Landlords have responsibilities related to property maintenance, required disclosures, security deposits, tenant screening, lease enforcement, and lawful termination and eviction procedures.
• Rental requirements can vary by locality, and Virginia landlord-tenant laws can change over time, so property owners should verify current state and local requirements before making compliance decisions.

Essential Rental Property Compliance in Virginia

No matter the location of your investment property, there will be essential rules and laws every landlord must follow. This helps to ensure both renters and landlords are protected from unsafe or fraudulent rental practices. So, let’s review what rental property compliance landlords need in Virginia below –

Applicable Rental Laws

Several important laws and regulations govern the rights and responsibilities of Virginia landlords and tenants. In addition, landlords must comply with applicable Fair Housing requirements. Check out a summary of these rental property compliance laws below.

• The Virginia Residential Landlord and Tenant Act – The Virginia Residential Landlord and Tenant Act (VRLTA) establishes many of the rights and responsibilities of residential landlords and tenants throughout Virginia. It generally applies to residential rental dwelling units across the Commonwealth, although certain tenancies and occupancies are excluded under the law.
• Virginia’s Uniform Statewide Building Code – This applies to any and all rental units within the state of Virginia. The statewide building codes dictate standards when building, repairing, or renovating properties, including rentals.
• The Fair Housing Act – Fair Housing Laws protect renters across the country from housing discrimination based on a list of “protected classes.” In Virginia, landlords cannot legally refuse a renter based on – race, color, religion, national origin, sex, elderliness, familial status, disability, source of funds, sexual orientation, gender identity, or veteran status. So, it is essential to create a standard list of qualifications that comply with fair housing and stick to it for every renter – every time!

Rental Property Licensing

Rental licensing, registration, and inspection requirements can vary depending on where a property is located in Virginia. Some localities may require certain rental properties or businesses to obtain licenses, register with the locality, or participate in rental inspection programs.

Before renting a property, owners should check with the city or county where the property is located to determine which local licensing, zoning, registration, and inspection requirements apply.

Lead Inspections for Rental Properties

Lead-based paint was banned for consumer use in residential properties in 1978. As such, homes built before 1978 are more likely to contain lead-based paint and may be subject to federal disclosure requirements.

Federal law generally requires landlords of most residential properties built before 1978 to provide prospective tenants with required lead-based paint disclosures and an EPA-approved lead hazard information pamphlet before the lease is signed.

• An EPA-approved lead hazard information pamphlet
• Written disclosure of any knowledge of the presence of lead-based paint or lead-based paint hazards, including any applicable reports
• Copy of a signed written acknowledgment of receipt of the necessary disclosures

Legal Disclosures in Virginia

In addition to the lead disclosures above, landlords in Virginia must make additional disclosures as part of their rental property compliance. Failing to include any of these could result in fines, disputes, or costly litigation. Therefore, always read requirements carefully and ensure your rental and lease fully comply. Check out these essential disclosures below –

• Presence of Mold – Virginia law includes specific requirements for documenting and addressing visible evidence of mold during the move-in inspection process.
• Defective Drywall – If a landlord has actual knowledge that a property contains unremediated defective drywall, the required disclosure must be provided to the tenant.
• Lead-based Paint – For homes built before 1978, landlords must provide EPA-approved information about potential lead concentrations and contaminants.
• Authorized Agents – Disclose any relevant contact information for any parties that own or manage the property.
• Military Air Installation Zones – Landlords must provide the required disclosure when a property is located in a designated noise zone or accident potential zone associated with a military air installation.
• Methamphetamine Manufacturing – If a landlord has actual knowledge that a property was previously used to manufacture methamphetamine and has not been cleaned up in accordance with applicable requirements, the landlord must provide the required disclosure.

Additional Owner Responsibilities Every Landlord Needs to Know

Besides the rental property compliance above, landlords in Virginia have many other responsibilities. While you have expectations of your tenants, they too have expectations of you. That said, continue reading below for a few more landlord responsibilities regarding rental properties and tenant relations.

1. Implied Warranty of Habitability
2. Tenant and Community Safety
3. Essential Repairs and Responsiveness
4. Adhere to State Rent and Security Deposit Guidelines
5. Follow Procedures for Lawful Termination of Tenancy and Eviction

Implied Warranty of Habitability

It should go without saying, but tenants deserve to live in a safe and habitable housing unit. That said, by law, landlords are legally obligated to maintain the livable condition of their rental property. In Virginia, this is known as an “implied warranty of habitability.” Some of these obligations include but are not limited to the following –

1. Maintain the structural integrity of the dwelling
2. Promptly address any repair concerns
3. Ensure heat, electric, and hot/cold water facilities are in working order
4. Proactively maintain a pest-free living environment
5. Comply with all state and local building requirements, inspections, or codes
6. Ensure living conditions are free of safety hazards

While maintaining a safe and habitable rental property is essential for tenants, it is also an important part of keeping your rental looking its best. Besides, failing to maintain the unit as required by Virginia law may give tenants certain legal remedies.

Tenant and Community Safety

Every tenant deserves to feel safe and secure in their new rental home. For landlords, this could begin with ensuring the home’s locks are sturdy and functioning properly. While not required, if your budget allows, consider adding a security system, video doorbell, or motion-activated lighting for added peace of mind.

That said, landlords may also consider criminal history as part of the tenant screening process, but screening policies should comply with federal, state, and local fair housing requirements. Although criminal history itself is not a federally protected characteristic, overly broad or inconsistently applied criminal-history policies may create Fair Housing concerns.

Landlords should use lawful, consistently applied screening criteria and carefully evaluate whether criminal-history information is relevant to a legitimate housing-related concern.

Essential Repairs and Responsiveness

It goes without saying that repairs are an inevitable factor in running a rental property business. Not only are they important to keep your tenants happy, but it also ensures your investment property retains its value. Failing to make timely repairs can lead to more extensive, and in turn costly, damage. That said, the consequences do not end there.

If serious conditions are not corrected after proper notice, tenants may have legal remedies available, including filing a tenant’s assertion and paying rent into court escrow when the statutory requirements are met.

So, both prompt response and timely action are critical to avoiding tenant disputes. The appropriate response time can depend on the severity and nature of the issue, with emergency conditions generally requiring more immediate attention.

Either way, communication with your tenants is key. Respond as quickly as possible to acknowledge their concern and let them know the steps you are taking to correct the problem. That way, even if it takes a little longer for any reason, the tenant still knows you are working on fixing it, and their well-being is important to you.

Adhere to State Rent and Security Deposit Guidelines

Each state has specific guidelines regarding deposit limits, rent increases, and rent collection. As a landlord, it is your responsibility to ensure the policies outlined in your lease agreement comply with these regulations. Let’s look at a few examples of these laws in Virginia below –

• If rent remains unpaid when due, Virginia law generally requires the landlord to provide the tenant with a written 14-day notice of nonpayment and the landlord’s intention to terminate the rental agreement if the rent is not paid within that period.
• For bounced checks, the state limits the penalty landlords can charge to a maximum of $50.00.
• Virginia restricts the maximum security deposit to 2 months’ rent.
• Virginia landlords generally have 45 days after the tenancy terminates or the tenant vacates the dwelling, whichever occurs last, to return any security deposit due to the tenant and provide a written itemization of applicable deductions.
• Any withholding of deposit funds should include a written itemized list to be sent to the tenant.

Follow Procedures for Lawful Termination of Tenancy and Eviction

While landlords make every effort to find the best tenant, eviction is sometimes needed. That said, landlords must strictly follow any applicable eviction procedures set forth by the state. Also, why the landlord seeks to terminate the tenancy matters. For example, certain serious or nonremediable lease violations may provide grounds for termination, but landlords must follow the notice and court procedures required under Virginia law.

Although the eviction process can take time, each step is important in the legal process. At no time should landlords attempt to take matters into their own hands. Never retaliate against a tenant who makes a lawful complaint, and do not try to remove a tenant by any means other than a court eviction.

FAQ About Virginia Rental Property Compliance

What Laws Do Virginia Landlords Need to Follow?

Virginia residential landlords generally need to comply with the Virginia Residential Landlord and Tenant Act, applicable building and housing codes, Virginia and federal Fair Housing laws, and relevant local ordinances. Additional requirements may apply depending on the property, location, and type of tenancy.

Do Landlords Need a Rental License in Virginia?

Virginia does not impose one universal rental licensing requirement for every residential landlord. However, cities and counties may have their own licensing, registration, zoning, or rental inspection requirements. Landlords should check the requirements in the locality where their rental property is located.

How Much Can a Virginia Landlord Charge for a Security Deposit?

Under Virginia law, a landlord generally cannot require a security deposit exceeding two months’ periodic rent. Additional rules apply to how security deposits are handled and returned after a tenancy ends.

How Long Does a Virginia Landlord Have to Return a Security Deposit?

Virginia landlords generally must provide the tenant with any amount of the security deposit due back, along with a written itemization of applicable deductions, within 45 days after the tenancy terminates or the tenant vacates the dwelling, whichever occurs last.

Can a Virginia Tenant Withhold Rent if Repairs Aren’t Made?

Tenants should not simply stop paying rent because a landlord has failed to make a repair. Virginia law provides specific remedies for qualifying conditions, including a tenant’s assertion and rent escrow process. Tenants must follow the applicable legal requirements to use these remedies.

Can Virginia Landlords Check an Applicant’s Criminal History?

Virginia landlords may consider criminal-history information as part of tenant screening, subject to applicable federal, state, and local laws. Screening criteria should be lawful, consistently applied, and carefully tailored to legitimate housing-related concerns rather than relying on broad exclusions.

How to Comply with Landlord-Tenant Law Without the Hassle

Rental property compliance, wherever the location, is a complex issue for landlords. After all, failing to comply could result in costly fines or even a lawsuit, which could ruin your financial future. Thankfully, there is an easier way to ensure lawful compliance and get the most from your investment – hire local property management in Leesburg.

Bay Property Management Group has the expertise to guide owners through every step of the rental process, from initial inspection to ongoing maintenance, marketing, leasing, and financial reporting. Our team has offices throughout Maryland, Northern Virginia, and Southern Pennsylvania to serve the needs of single- and multi-family property owners. Give us a call today to learn more about the benefits of full-service rental management.