State law guide · Checked November 14, 2026
Virginia landlord rules: late fees, deposits and rent increases
Virginia caps late fees and limits deposits to two months' rent. Here is what the Virginia Residential Landlord and Tenant Act (Va. Code title 55.1, chapter 12) says, with the section for each rule.
The short version
- Late fee limit: the lesser of 10% of the periodic rent or 10% of the remaining balance due, and it must be in the written lease.
- The statute sets no grace period for a written lease.
- Deposit limit: two months' periodic rent.
- Return the deposit, with a written itemized notice, within 45 days after the tenancy ends or the tenant vacates, whichever is later.
- A rent increase for a month-to-month tenancy takes effect no sooner than the next rent due date coming 30 days after written notice.
Late fees in Virginia
- Limit
- The lesser of 10% of the periodic rent or 10% of the remaining balance due. Va. Code § 55.1-1204(E)
- Grace period
- None in the statute for a written lease. Where there is no written rental agreement, rent is late if not paid by the fifth of the month. Va. Code § 55.1-1204(C)(4)
- Other conditions
- The late charge must be provided for in the written rental agreement. Va. Code § 55.1-1204(E)
Security deposits in Virginia
- Maximum deposit
- Two months' periodic rent. Va. Code § 55.1-1226(A)
- Return deadline
- 45 days after the tenancy ends or the tenant vacates, whichever is later. If repairs need a third-party contractor, notice given within the 45 days allows 15 more days to itemize. Va. Code § 55.1-1226(A), (E)
- Itemized deductions
- Required, in a written notice given to the tenant with any amount due, within the same 45 days. Va. Code § 55.1-1226(A)
- Interest
- The statute doesn't require it. Va. Code § 55.1-1226
- How it's held
- No special account or bond in the statute. Va. Code § 55.1-1226
- Penalty
- For a willful failure to comply, the court orders return of the deposit plus actual damages and reasonable attorney fees. The statute sets no multiple of the deposit. Va. Code § 55.1-1226(E)
Rent increases in Virginia
- Notice to raise rent
- For a month-to-month tenancy, a new rent takes effect no sooner than the next rent due date coming 30 days after the notice. Landlords who own more than four units have a separate rule for leases with a renewal option or automatic renewal: written notice of a rent increase at least 60 days before the end of the term. From July 1, 2027, that notice must come at least 90 days before the end of the term. Va. Code § 55.1-1253(D); § 55.1-1204(K)
- Statewide cap
- None in the statute. Va. Code ch. 12 (§ 55.1-1200 et seq.)
- City rent control
- The statute doesn't name rent control. The chapter supersedes all other local ordinances or regulations concerning landlord and tenant relations and the leasing of residential property. Va. Code § 55.1-1201(E)
This page covers Virginia state law for ordinary residential rentals. Cities and counties can add their own rules, and subsidized housing and mobile home lots follow different ones.
Get an email when Virginia rules change
When we update this page because a Virginia late fee, security deposit or rent increase rule changed, we'll email you a short, plain-English note.
Free. We'll email you rule-change alerts and news about Landlord's Desk. Unsubscribe any time. Privacy Policy. Not legal advice.
Questions landlords ask
What is the maximum late fee for rent in Virginia?
The lesser of 10% of the periodic rent or 10% of the remaining balance due, and the fee must be provided for in the written rental agreement (Va. Code § 55.1-1204(E)).
How long does a Virginia landlord have to return a security deposit?
45 days after the tenancy ends or the tenant vacates, whichever is later, with deductions itemized in a written notice (Va. Code § 55.1-1226(A)).
How much can a Virginia landlord charge for a security deposit?
No more than two months' periodic rent (Va. Code § 55.1-1226(A)).
Free templates you can use in Virginia
These are plain templates that aren’t tied to one state. Fill in the numbers your statute and lease call for.
- Rent increase letter kit: increase notice, renewal offer, pricing worksheet and delivery log.
- Late rent notice kit: friendly reminder, past-due notice, payment plan and delivery log.
- Security deposit return kit: itemized return letter, wear-and-tear guide and move-out checklist.
- Move-in kit: inspection checklist and deposit receipt, signed by the tenant.
- Rent ledger: running tenant balances and printable statements.
Keep Virginia rent and deposits on one ledger
Landlord’s Desk keeps a rent ledger for every tenant, shows who still owes and gets a late-rent reminder ready for your OK. No credit card needed to start. Create your account by December 1, 2026 at 11:59 PM Central and you’re a founding member: 60 days free from the day you choose a plan, then 30% off your first 12 monthly payments or your first yearly payment. Claim the offer by choosing a plan by March 1, 2027 at 11:59 PM Central.
This guide is general information, not legal advice. It summarizes state statutes as read on November 14, 2026; laws change and courts interpret them. Check the current statute (Virginia Code, title 55.1, chapter 12) or talk to a local attorney before you act.