Virginia Landlord Law for Investors: Deposits, Notice, and No Rent Control
Program and regulatory figures verified July 24, 2026. Details change; confirm your scenario with us.
Virginia's landlord rules run friendlier to owners than its Mid-Atlantic neighbors in some ways (no rent control) and longer than investors expect in others (90-day rent-increase notice). Here's what actually governs a Virginia tenancy.
Does Virginia have rent control?
No, and the answer is dated and checkable rather than a vague "it leans conservative." Virginia has no rent control or rent stabilization anywhere in the Commonwealth, and the mechanism is the Dillon Rule: localities hold only the powers the General Assembly expressly grants, and it has not granted rent-control authority. The live record proves it. A 2026 bill, SB355 and its House companion HB278, would have let localities cap annual rent increases at 3%, require a 90-day increase notice, and stand up an anti-rent-gouging board. It failed 11–4 in the Senate Local Government Committee on February 2, 2026 and was continued to the 2027 session. We re-verify that status before every deploy through the 2027 session, because a continued bill can resurface. Underwrite your rents against the market, not against a cap that does not exist.
How much can a Virginia landlord charge for a security deposit?
Capped at two months' periodic rent, in any amount or value, under the Virginia Residential Landlord and Tenant Act (Va. Code §55.1-1226). That is the ceiling regardless of how the deposit is structured. It is a straightforward rule, and it is one of the VRLTA figures we confirmed against the primary statutory text rather than a secondary summary. Your lease and your accounting should reflect it from the first tenancy.
How much notice before raising the rent?
Longer than many investors assume. Under the VRLTA, a rent increase commonly requires at least 90 days' written notice, with a tenant response deadline no sooner than 30 days after the notice, and a landlord's non-renewal commonly requires at least 60 days' notice. Only nonpayment carries a short clock: a 14-day pay-or-vacate notice, with the landlord offering one payment plan per lease term before terminating for a later miss. One honest caveat: whether the 90-day and 60-day rules apply to every Virginia landlord or only to landlords above a unit-count threshold is a point we did not fully confirm this session, so treat "commonly 90 days" as the working rule and confirm the applicability to your specific tenancy with a Virginia attorney before you rely on it.
Military tenants and the SCRA
Near the Hampton Roads bases especially, the federal Servicemembers Civil Relief Act matters. A service member may terminate a residential lease after entering military service, or after receiving permanent-change-of-station orders or deployment orders of 90 or more days; the termination takes effect 30 days after the next rent due date once written notice and a copy of orders are delivered. It applies to joint leases with dependents, and a landlord cannot penalize the tenant for exercising the right. This is federal law, not a Virginia rule, but it is a landlord-planning consideration built into the Hampton Roads tenant base: the Hampton Roads guide.
Nonresident owners: registration, not withholding
Here is the corrective that saves out-of-state investors a wrong assumption. Virginia does not withhold tax at closing on a nonresident seller the way Maryland and West Virginia do. Instead it requires a registration filing: the settlement agent or "real estate reporting person" collects Form R-5 (or Form R-5E, the exemption certificate) from a nonresident property owner or seller and transmits it to Virginia Tax by the 15th of the month following closing or receipt. If the owner does not complete it within 60 days of being asked, the reporting person must file on their behalf. It is a meaningfully lighter compliance step than a cash withholding at the table, and almost no investor-lending content draws the distinction. Your CPA confirms your filing.
No pressure, no obligation, and no salesy follow-up: a 20-minute call with our team, real numbers, and a straight answer on whether the deal pencils.
Frequently asked questions
Does Virginia have rent control?
No. Virginia has no rent control anywhere, and a 2026 bill to allow it (SB355/HB278) failed 11–4 in the Senate Local Government Committee on February 2, 2026 and was continued to the 2027 session. The mechanism is the Dillon Rule: localities hold only the powers the General Assembly expressly grants. Underwrite rents against the market, not a nonexistent cap.
How much can a Virginia landlord charge for a security deposit?
No more than two months' periodic rent, in any amount or value, under the Virginia Residential Landlord and Tenant Act (Va. Code §55.1-1226). That is the ceiling regardless of how the deposit is structured, and it applies from the first tenancy. Your lease and accounting should reflect it.
How much notice does a Virginia landlord give before raising the rent?
Commonly at least 90 days' written notice for a rent increase, with the tenant given at least 30 days to respond, and about 60 days for a non-renewal; only nonpayment carries a short 14-day notice. Whether the 90-day rule applies to every landlord or only above a unit-count threshold is worth confirming per property with a Virginia attorney.
Does Virginia withhold tax on a nonresident investor's home sale like Maryland?
No. Virginia requires a registration filing, Form R-5 (or Form R-5E for an exemption), from nonresident sellers and landlords, collected by the settlement agent and sent to Virginia Tax, rather than withholding cash at closing. It is a meaningfully lighter compliance step than Maryland's or West Virginia's withholding regimes. Your CPA confirms your filing.
Mike Certo · NMLS #260555 · Cornerstone First Mortgage NMLS #173855 · Equal Housing Lender. Educational content, not a loan commitment and not legal or tax advice. City and county STR rules, tax figures, and filing fees change; verify current requirements with the locality, your CPA, or a Virginia real estate attorney before you buy. Loans are subject to buyer and property qualification.