Becoming a Landlord in Virginia: Legal Steps, Tips, and Common Pitfalls

You’d probably think landlords in Virginia just collect rent checks and fix leaky sinks every once in a while. Actually, there’s a lot more to it—think legal hoops, heaps of paperwork, and rules to follow unless you fancy court dates or heavy fines. Ask any seasoned Virginia landlord what keeps them up at night and they’ll mention tenant screening, evictions, and how fast a simple mistake can drain your bank account. Ready to dive in? This isn’t just about buying a house and putting up a ‘For Rent’ sign. If you want to keep headaches to a minimum (and keep your rentals profitable), here’s what it really takes.

Understanding Virginia’s Landlord-Tenant Laws

Ever heard of the Virginia Residential Landlord and Tenant Act (VRLTA)? If you own (or plan to own) any rental property—single family, condo, duplex—this law is your rulebook. Whether you have one property or dozens, VRLTA lists out exactly what you can and can’t do. One tricky detail: this law covers any place you rent out, unless you live there too and rent out fewer than three rooms. Miss this and you could get fined big time.

Let’s get real: security deposits are a hot spot for fights between landlords and tenants. In Virginia, you can’t ask for more than two months’ rent as a deposit. If you charge $1,800 in rent, keep the deposit at or under $3,600—no sneaky extras. And you have to give a receipt if the tenant asks. After the tenant leaves, you’ve got 45 days to return the deposit (minus any damages), along with an itemized list if you’re deducting anything. Don’t ignore this—Virginia courts don’t mess around if you miss the deadline.

Another thing many landlords don’t realize: fair housing rules are strictly enforced in Virginia. Deny someone a rental for the wrong reason—race, religion, disability, family status—and you could land in federal court. And if you want to raise rent, Virginia law doesn’t cap how much, but you’ve got to give written notice 30 days before it kicks in. Month-to-month tenants especially watch this.

Evictions are another landmine. Virginia made things a bit easier for tenants after COVID-19, with required payment plans and longer notice periods. As of July 2025, give tenants at least 14 days’ written notice before starting an eviction for nonpayment of rent. For other breaches, like keeping an unauthorized pet, you only need to give them 21 days to fix the problem or the lease ends. Skip a step and your case could get tossed before you even get to court.

Inspections, repairs, and entry are touchy subjects too. Unlike some states, Virginia landlords must give tenants 24-hour advance notice (unless it’s an emergency) before entering the unit. If you show up unannounced, you cross both a legal and personal line—which could land you in trouble if the tenant complains to the state Attorney General’s office.

Check this out:

Key Law Requirement
Security Deposit Limit 2 months' rent max
Deposit Return 45 days after move-out
Notice to Raise Rent 30 days
Notice Before Entry 24 hours
Eviction Notice (Nonpayment) 14 days

Getting familiar with these basics can save you from legal nightmares. Make it your job to read the VRLTA word for word before you even list a place to rent. Keep a printed copy handy—you’ll be surprised how often you need it.

Setting Up Your Rental Business Right

Let’s talk about the nuts and bolts. Before you become a landlord in Virginia, you want to set up your game plan—legally and financially—so you don’t wake up one morning with a lawsuit or a tax bill you can’t pay.

Start by choosing the right ownership structure. Sure, lots of newbies just buy property in their own name. But if tenants trash the place or someone slips on the sidewalk, your personal assets are on the hook unless you’ve got the right protection. Many landlords in Virginia use an LLC. It costs about $100 to file online, and it keeps your rental business separate from your personal finances. If you already own the property, transferring it into an LLC isn’t too hard, but budget for closing costs and check with your bank—some may want you to refinance.

Next, don’t even think about renting your property until you’ve double-checked your local zoning rules. Cities like Richmond, Virginia Beach, and Fairfax all have their own quirks—extra inspections, business licenses, or even rules about how many unrelated people can live under one roof. You can get slapped with daily fines if you skip city paperwork or inspections.

Insurance is another key play. Regular homeowners’ insurance won’t cut it if you’re renting out—get a landlord policy. It covers stuff like tenant-caused fires and loss of rental income if there’s a major disaster. Plenty of Virginia landlords also buy umbrella policies for extra lawsuit protection, which run about $200 a year for $1 million in extra coverage.

Let’s get real about taxes. Any rent you collect is taxable, and you’ll file as either a sole proprietor, partnership, or LLC depending on your setup. You can deduct mortgage interest, repairs, property management fees, and even travel costs if you check on your rentals in person. But if the IRS thinks you’re mixing personal and rental cash, get ready for an audit.

So, what does all of this look like in practice? Here’s a simple breakdown:

  • Buy or transfer property to an LLC for legal protection
  • Apply for required city business licenses or landlord permits
  • Get a landlord insurance policy (not just homeowners’)
  • Set up a separate bank account for rental income and expenses
  • Hire a local accountant for your taxes—Virginia shifts a lot of tax rules year to year

None of this is about being fancy—it’s all about staying safe while you make money. Remember, the richer your paperwork, the thinner your legal problems down the road.

Finding and Keeping Good Tenants

Finding and Keeping Good Tenants

Every landlord in Virginia has a bad-tenant story—the kind where someone trashes the place, stops paying, or won’t leave. Want to avoid your own horror tale? Start with tenant screening and never cut corners.

Screening starts with your rental application. Virginia law lets you ask about rental history, credit score, income, and even if someone has ever been evicted. Ask for pay stubs, not just a number scribbled on paper. As of 2025, most landlords want to see income at least three times the rent. For a $1,500 rental, you want at least $4,500 a month in proven income. Pull a credit report and run a criminal background check—there are legal DIY options or paid services like Tenant Turner or TurboTenant.

Be careful what you ask, though. You can’t reject a tenant because of race, gender, age, or disability. Virginia law now includes protection from discrimination for LGBTQ+ renters and people with housing vouchers. You can—and should—reject tenants with a pattern of missed payments or past evictions, but keep it about finances, not personal stuff.

Once you select a tenant, use a legitimate lease—none of those free templates floating around online. The Virginia Realtors Association updates a standard lease every year. The lease must say exactly how much rent is due, the deposit amount, and who’s responsible for repairs. Both sides need copies, and digital signatures are fine if you keep the records for three years. Add a move-in checklist, signed by both parties, with photos attached. It’ll be your best friend if there’s a dispute when the tenant leaves.

After move-in, communication is king. Most tenants only call when the faucet leaks or the furnace stops working, but if you make it easy to reach you, they’re more likely to tell you about small problems before they become costly. Some Virginia landlords use online platforms to track repairs and rent payments—cozy.co, Avail, or even Venmo for payments (just don’t skip receipts).

Retention matters more than most think. Good tenants save you thousands: less vacancy, fewer repairs, and almost zero drama. Raise rent slowly and give plenty of notice. If they’ve paid on time over a year, send a small thank-you note or gift card—trivial, but it works wonders for peace of mind and word-of-mouth referrals.

So, here’s a cheat-sheet for keeping the peace:

  • Use a written lease that’s updated for Virginia law
  • Screen everyone the same way and keep notes just in case
  • Set clear policies—pets, smoking, noise
  • Provide an easy way for tenants to contact you about issues
  • Do move-in and move-out inspections with photos
  • Thank your best tenants — it’s a small effort, big payback

All of this effort pays off the day you realize you haven’t spent a weekend in court or fixing holes in the drywall—plus your rental is still cash-flow positive.

Dealing with Problems and Protecting Your Investments

If you own rentals in Virginia long enough, stuff will go sideways. Pipes burst. Rent is late—or doesn’t show up at all. Sometimes tenants break rules, sneak in pets, or have loud parties. The key is to stay calm and have a plan.

When rent’s late, step one is to review your lease. Virginia law, as of July 2025, requires landlords to offer a reasonable payment plan at least once every 12 months before starting eviction for nonpayment. Get this in writing, with dates and amounts. Most tenants, when given a formal payment plan and a clear deadline, will pay up just to keep a roof overhead.

If rent’s overdue and the plan fails, give your 14-day written notice. Hand-delivery, certified mail, or email (if the lease allows) covers you legally. Never just change the locks—Virginia takes that very seriously, and you’ll lose in court and owe money. If it goes to trial, bring receipts, emails, and all inspection reports.

For property damage, hold back repair costs from the security deposit with itemized receipts. If the tenant disagrees, document everything with photos and lists. Virginia law is clear: wear-and-tear isn’t damage. Scuffed walls or a worn carpet? That’s the cost of doing business. Holes in doors or broken appliances? That’s on the tenant.

Major repairs, like a broken furnace in the winter, are the landlord’s job unless the tenant broke it on purpose. Virginia gives landlords a "reasonable" time to fix stuff—usually 3-5 days for heat, water, or electricity. If you ignore these requests, the tenant can notify the local government and stop paying rent until you fix it, which can spiral out fast.

Evictions are nobody’s favorite. Court fees are about $120 in Virginia as of this year, but lost rent and turnover can cost much more. Mediation services exist in every major city, and judges often nudge both sides toward a deal before granting a formal eviction. You’ll spend less with a fair settlement than a courtroom brawl, believe it or not.

If you get threats, witness illegal activity, or get the sense that things are out of control, don’t play police. Call local law enforcement or a property management firm. Virginia police can issue trespass warnings or remove unauthorized guests. Never risk personal safety over property.

Here are some practical ways to protect your investments:

  • Install smoke detectors and carbon monoxide alarms—required by VA law
  • Keep written logs of every request, repair, and conversation
  • Consider hiring a property manager if you have more than 3 rentals
  • Periodic drive-by inspections (with proper notice) keep surprises to a minimum
  • Join a local landlord association for legal updates and support

Take comfort in this: Virginia’s courts and laws offer real protection if you play by the book. Smart landlords treat their rental properties like a business, not a hobby. That’s how you build wealth instead of headaches. Landlord in VA isn’t just a title—it’s a marathon, not a sprint, but it pays off when you commit to doing things the right way from day one.

Vishal Dhanraj

Vishal Dhanraj

As a real estate expert with a focus on the Indian market, I spend my days analyzing trends and developments in property sales and rentals. Writing about these topics allows me to share insights and educate clients, helping them make informed decisions. I am passionate about exploring the unique dynamics of the Indian real estate market and enjoy conveying my findings through engaging articles.

Write a comment