Renting vs. Owning: Key Tenant and Landlord Laws Every Virginia Resident Must Know

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Renting vs. Owning: Key Tenant and Landlord Laws Every Virginia Resident Must Know

Virginia residents must understand key distinctions between renting and owning homes, as governed primarily by the Virginia Residential Landlord and Tenant Act (VRLTA). Renters enjoy protections like habitability requirements and eviction safeguards, while owners face property taxes and maintenance duties without tenant-specific limits. Recent 2025-2026 updates emphasize fee transparency and notice periods for both sides.​

Tenant Rights

Tenants have the right to a habitable unit compliant with building codes, including working heat, plumbing, and electrical systems. Landlords must provide 72 hours’ notice (except emergencies) before entering, return security deposits within 45 days of move-out with itemized deductions, and supply a Statement of Tenant Rights and Responsibilities with the lease. Tenants can withhold rent or “repair and deduct” for unaddressed habitability issues after proper notice, and evictions require court orders with 5-day pay-or-quit notices for nonpayment.​

Landlord Obligations

Landlords may charge up to two months’ rent as a security deposit, collect late fees after the 5th of the month (max 10% of rent or $50), and must offer written leases with clear terms like rent due dates and renewal options. They cannot charge non-optional fees for electronic payments and must notify tenants of rent increases in renewals for larger properties. Failure to deliver the tenant rights statement bars eviction filings.​

Renting vs. Owning Comparison

AspectRentingOwning
MaintenanceLandlord handles major repairs â€‹Owner fully responsible â€‹
Security DepositUp to 2 months’ rent, refundable in 45 days â€‹N/A (closing costs instead)
Eviction/LeavingCourt process; 30-120 day notices â€‹Sell at will, no tenant limits
Fees/TaxesPossible late/application fees â€‹Property taxes, HOA fees
DurationMonth-to-month or fixed lease â€‹Long-term equity building

Key 2026 Updates

New laws limit arbitrary fees, require written nonrenewal notices (30-120 days based on tenancy length), and mandate receipts for cash payments. Mold remediation duties fall on landlords if disclosed, and Richmond localities enforce stricter habitability inspections. Homeowners avoid these but navigate zoning and HOA rules independently.

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