Virginia landlords must follow specific state (as well as federal, and often local) rules when it comes to renting to tenants. Landlord-tenant law in Virginia covers everything from questions included on a rental application to how and when landlords can increase rent or terminate a tenancy.
1. Comply With Anti-Discrimination Laws
Tenants in Virginia have one extra protection against discrimination in renting--Elderliness. Virginia Fair Housing Law makes it illegal to discriminate in residential housing on the basis of race, color, religion, national origin, sex, elderliness, familial status, disability, source of funds, sexual orientation, gender identity, or military status. The law prohibits applying one standard to one class of individuals while applying a different standard to another class of individuals.
For example, it would be illegal to ask an applicant with a disability to provide a credit report if applicants without disabilities do not have to provide one.
2. Follow State Rent Rules
All landlords want their tenants to pay rent on time and without hassle. Landlords who want to raise the rent or evict a tenant must comply with the specific rules and procedures in Virginia. State law regulates several rent-related issues, such as the amount a landlord can charge a tenant who bounces a check (maximum of $50, plus the amount the bank charges for processing the check). Late fees are capped at 10% of the unpaid balance.
3. Meet State Security Deposit Limits and
Return Rules
Security deposits are among the biggest sources of dispute between landlords and tenants. In LIV, tenants are not charged a deposit. They are charged "community fees." Security deposits must be placed in escrow and returned at the end of the tenancy. Community fees are not refundable.
4. Provide Habitable Housing
Landlords are legally required to keep rental premises livable in Virginia, under a legal doctrine called the "implied warranty of habitability." If you don't take care of important repairs, such as a broken heater, tenants in Virginia may have several options, including the right to withhold rent. At this point, withholding rent must be done through the courts. There is a proposed law in the General Assembly that, if passed, would allow a tenant to withhold rent after giving written notice of repairs needed and a deadline date to get the work done. This is known as the "Habitability Defense Act." Habitability includes water leaks, heat, A/C and roach infestations.
5.You are Entitled to a Legal Written Lease or Rental
Agreement
The rental agreement
or lease that you and your landlord sign sets out the contractual basis of your
relationship with the landlord, and is full of crucial business details, such as
how long the tenant can occupy the rental and the amount of the rent. Taken
together with federal, state, and local landlord-tenant laws, your lease or
rental agreement sets out all the legal rules you and your tenant must follow.
Problems arise when landlords include illegal clauses in the lease, such as a waiver of landlord responsibility to keep premises habitable, or when landlords fail to make legally required disclosures (discussed in the next section). Section 55.1-1204, Section A of the Virginia Code states: "...landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or other rule of law..."
It should be noted that complete copies of leases are not given to tenants. This blogger has copies of four leases that are not complete.
6. Make Legally Required Disclosures
Under Virginia law,
landlords must make certain disclosures
to tenants (usually in the
lease or rental agreement), such as any visible evidence of mold at the start
of the tenancy. Landlords must comply with required federal
disclosures regarding lead-based paint on the property, or face hefty financial penalties.
7. Respect Tenants' Privacy
Virginia landlords must provide 24 hours' notice before entering rental property—for example, to make repairs (unless the tenant has requested maintenance, then no notice is required or for an emergency, such as leaks,) or to inspect the property. Recently, LIV had instances where staff entered apartments to check wiring for televisions with no notice whatsoever.
8. Landlords Cannot Retaliate
Against a Tenant Who Exercises a Legal Right
It is illegal to retaliate against a tenant in Virginia—for example, by attempting to raise the rent or evict a tenant for complaining about an unsafe living condition. Recently a tenant was sent a threatening message from management through another tenant. This is against the law.
9. Landlords Must Follow Exact Procedures for Terminating a Tenancy
or Evicting a Tenant
State laws specify when and how a landlord may terminate a tenancy. Failure to follow the legal rules may result in delays (sometimes extensive) in terminating a tenancy. Virginia law specifies, for example, the amount and type of termination notice a landlord must give a tenant who has violated the lease; if the breach was a criminal act, the landlord may immediately terminate the tenancy.
10.Take Advantage of Legal Resources Available to Renters
Be sure to check out government agencies, such as the U. S. Department of Housing and Urban Development (HUD), Virginia Fair Housing Authority, Virginia Legal Aid, and Virginia Poverty Law Center.
The Virginia Fair Housing Authority offers training in housing law in Virginia. This blogger recently attended a three-hour online class and learned a lot. The Fair Housing Center is part of the Department of Professional and Occupational Regulation. Virginia Fair Housing Office | Virginia Department of Professional and Occupational Regulation
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