Virginia Common Disputes
What's the maximum security deposit a landlord can charge in Virginia?
A landlord cannot charge more than two months' rent for a security deposit. The deposit must be returned within 45 days after moving out, minus any valid deductions.
What happens if my landlord won't make repairs to my rental unit?
While you cannot withhold rent, you can pay rent to the court through a Tenant's Assertion if you're current on rent. You must first give the landlord reasonable notice and time to make repairs.
If I have bedbugs in my rental unit, who is responsible for treatment?
The landlord is generally responsible for bedbug treatment costs unless you unreasonably delayed reporting the issue or were at fault in causing the infestation. The landlord must keep the premises habitable.
Can my landlord deny me housing because I have children?
No, family status (having children under 18 or being pregnant) is a protected class under Fair Housing Law. Landlords cannot deny housing based on the presence of children.
What happens if I can't pay my rent on time?
You have multiple opportunities to pay late rent: during any grace period, before the landlord files an eviction lawsuit, on or before the court date, and even up to two business days before a scheduled eviction.
Can my landlord charge me for my ex-spouse's old utility bills?
No, a utility company cannot deny you service or make you pay for someone else's old account unless you were named as a responsible party. This would be considered discrimination based on marital status.
What should I do when I first move into a rental unit?
Make a detailed list of any existing damages within five days of moving in and give it to the landlord. Consider taking dated photographs of any damages to avoid disputes when moving out.
Can my utilities be shut off if I have a serious medical condition?
If you provide a physician's statement certifying a serious medical condition, the utility company must give you an additional 30 days before termination to make payment arrangements.
How long does a landlord have to perform a move-out inspection?
The landlord must inspect within three days after you move out and must notify you of when the inspection will occur. You have the right to be present if you notify the landlord in writing.
What if my landlord files multiple eviction cases against me for unpaid rent?
As of July 2019, landlords can only file one eviction case at a time for nonpayment of rent. The judge can allow the case to be amended to cover all rent and fees due as of the trial date.
Can my landlord refuse to rent to me because of my disability?
No, disability is a protected class under Fair Housing Law. Additionally, landlords must allow reasonable modifications to accommodate disabilities, though you may need to pay for the modifications.
How soon must I report bed bugs to my landlord?
You should report bed bugs promptly to avoid being charged for treatment costs. Unreasonable delay in reporting can make you financially responsible for the added cost of treatment.
What happens if I don't get a written lease?
Starting July 2019, if a landlord doesn't provide a written lease, the law automatically creates a 12-month lease with monthly payments due on the first and late after the fifth of each month.
Can my landlord refuse to accept my rent payment?
The landlord must accept your full rent payment if offered within the redemption period, which extends until two business days before a scheduled eviction. Payment must be by cashier's check, certified check, or money order.
How long do I have to file a housing discrimination complaint?
You have one year to file a complaint with HUD or the Virginia Fair Housing Office after the discrimination occurred. However, for disability-based discrimination, you only have 180 days to file with HUD.