Virginia Lease Agreement Review
Virginia's Residential Landlord and Tenant Act in Title 55.1 sets numeric limits that are easy to check against a lease: a two-month deposit cap, a 45-day refund deadline, and a late fee ceiling of 10%. It also gives victims of family abuse, sexual assault, stalking or trafficking a 28-day exit right. A change to the rent increase notice rule takes effect July 1, 2027, so check the date your lease renews.
Security deposit
2 months
Entry notice
72 hours (routine maintenance); otherwise reasonable notice
Security deposits in Virginia
Virginia caps deposits at two months’ rent. Landlords must give 72 hours’ notice for routine maintenance the tenant did not request, and otherwise notice of intent to enter at reasonable times.
Virginia lease law sets the limit above. Before you sign, check the deposit against it, get the amount and the return terms in writing, and watch for a deposit that exceeds what the state allows, a common and negotiable red flag.
Landlord entry and your privacy in Virginia
Virginia generally requires 72 hours (routine maintenance); otherwise reasonable notice of advance notice before a landlord enters for non-emergency reasons. A lease clause letting the landlord enter “at any time” conflicts with that and should be brought in line.
Habitability and repairs in Virginia
Like nearly every state, Virginia recognizes an implied warranty of habitability, the landlord’s duty to keep the home livable. A clause making you accept the unit “as is” or waive that warranty is generally void, and a clause shifting all repairs (including major systems) onto you is a red flag worth negotiating.
What is the Virginia late fee limit?
Under Code of Virginia 55.1-1204(E), a late charge must be in the written lease and cannot exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due.
For notice of a rent increase, landlords with more than four units must currently notify tenants who have a renewal option at least 60 days before the lease term ends. From July 1, 2027, the statute requires notice at least 90 days before the term ends, with a response deadline of at least 30 days.
How are Virginia deposits returned?
Code 55.1-1226 requires a written accounting, with any refund, within 45 days after the tenancy ends or you vacate, whichever is later. Deductions must be itemized in writing. Landlords must keep itemized deduction records for two years, and you may inspect them. Willful noncompliance lets a court order the deposit returned with actual damages and attorney's fees.
Can Virginia victims of abuse end a lease early?
Under Code 55.1-1236, a tenant who has a protective order, or a warrant, indictment or conviction order against the perpetrator for a listed offense, can end the lease by written notice with a copy of the document. Termination takes effect 28 days after the landlord receives it, rent is owed only through that date, and no liquidated damages may be charged.
Virginia sources checked 2026-10-09: Va. Code 55.1-1204, rental terms and late fees · Va. Code 55.1-1226, security deposits · Va. Code 55.1-1229, landlord access · Va. Code 55.1-1236, early termination for victims. Laws change; confirm the current rule before relying on it.
What ClauseAudit checks in a Virginia lease
- Security deposit vs the Virginia limit, and the return terms
- Landlord entry notice against Virginia requirements
- Waiver of the warranty of habitability (generally void)
- Who is responsible for repairs and maintenance
- Late fees, grace periods, and any state caps
- Early-termination penalties and the duty to mitigate
Virginia lease FAQ
How much can a landlord charge for a security deposit in Virginia?
As of October 2026, the security-deposit rule in Virginia is: 2 months. Virginia caps deposits at two months’ rent. Landlords must give 72 hours’ notice for routine maintenance the tenant did not request, and otherwise notice of intent to enter at reasonable times. Deposit caps change, so confirm the current figure, ClauseAudit checks it against Virginia law when you run your lease.
How much notice must a landlord give before entering in Virginia?
In Virginia, a landlord generally must give 72 hours (routine maintenance); otherwise reasonable notice before entering for non-emergency reasons. Emergencies are an exception. Check that your lease’s entry clause matches or improves on that.
Can a Virginia lease make me waive my right to a habitable home?
In nearly every state, the implied warranty of habitability, the landlord’s duty to keep the unit livable, cannot be waived, and a clause trying to make you accept the home “as is” is generally void. Flag any such clause in a Virginia lease; it does not override your rights.
How much can a landlord charge as a security deposit in Virginia?
Virginia caps it: 2 months. Virginia caps deposits at two months’ rent. Landlords must give 72 hours’ notice for routine maintenance the tenant did not request, and otherwise notice of intent to enter at reasonable times. 6 jurisdictions use the same limit. A lease asking for more than the statutory maximum is asking for something the law does not allow.
Do the states next to Virginia treat deposits the same way?
No, and the gap can be large: District of Columbia (1 month), Kentucky (No statewide cap), Maryland (1 month (since October 2024)), North Carolina (2 weeks to 2 months (depends on lease term)). Deposit rules are set state by state, so a landlord operating across a state line may be working from the wrong rulebook, and a lease template borrowed from a neighbouring state may carry that state's figure rather than Virginia's.
Is there anything specific to Virginia tenants should know?
Virginia caps deposits at two months’ rent. Landlords must give 72 hours’ notice for routine maintenance the tenant did not request, and otherwise notice of intent to enter at reasonable times. Both the deposit ceiling and the entry-notice period come from statute here, so a lease that contradicts either is worth questioning.
Does a Virginia landlord need 72 hours' notice for every entry?
No. Code 55.1-1229 requires at least 72 hours' notice for routine maintenance you did not request, to be done within 14 days. For maintenance you asked for, no notice is required. For other entry, the landlord must give notice of intent and come at reasonable times, and may enter without consent in an emergency.
Can a Virginia landlord charge me for ending my lease under the abuse exit right?
Not as a penalty. Under Code 55.1-1236 you owe rent through the termination date, 28 days after notice, but the landlord may not charge liquidated damages. Co-tenants stay liable for the rest of the term, and if the perpetrator is the only remaining tenant, the landlord may pursue actual damages from that person.
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Deposit rules in neighbouring states
Deposit limits are set state by state, and 6 of the 6 states bordering Virginia use a different one. A lease template borrowed from next door may carry the wrong figure.
Nationally: 0 of 51 jurisdictions set no statutory deposit cap, and 16 set no statutory entry-notice period.
Virginia landlord-tenant figures summarized as of October 2026; deposit caps and entry rules change, and localities may add their own. This is automated educational information, not legal advice. ClauseAudit verifies the current rule against Virginia law when you run your lease, and you should confirm anything critical with a qualified Virginia attorney.