by Cyndi Li

Created on: November 04, 2011   Last Updated: November 07, 2011

As a renter or landlord in Virginia, it’s important to know what your rights and obligations are.  The Virginia Residential Landlord and Tenant Act (Established in 1974 and revised in 2004) was enacted to protect the rights of both tenants and their landlords. Here’s a brief overview of Virginia tenant-landlord laws as they are defined in this Act.

What are the landlord’s responsibilities?

The landlord is responsible for ensuring that the property is inhabitable for his or her tenants. This includes, but may not necessarily be limited to, maintaining a heating system and air conditioning system (if applicable) that is in working order, and meets all of Virginia building and housing code regulations. Any break downs of the heating and or cooling systems must be repaired in a timely manner.  Any appliances that come with the rental property must also be in working condition.

What are the tenant’s responsibilities?

The tenant(s) is responsible for keeping the rental property clean.  Additionally, the tenant may not knowingly and willing damage or destroy any part of the rental property on purpose or by neglecting something that requires attention.

What is the landlord's with regards to disclosures to the tenant?

Virginia landlord-tenant laws require that a landlord must disclose, in writing, to a tenant the existence of mold located anywhere within the property. Accordingly, a tenant may terminate a lease before it is up if indeed mold is found. If, for any reason, the tenant chooses to not vacate the rental property, the landlord must provide the tenant with the contact information of the person(s) responsible for managing the rental property.

A landlord has an obligation to inform the tenant when he or she sells the rental property, and they must provide the tenant with the name, address and telephone number of the property buyer.

If a rental property is located near an airport or military installation, the landlord is obligated to disclose, in writing, that the property is located in a noise or accident prone zone.

Payments

A deposit or application fees may be required before a landlord and tenant can enter into a rental agreement in Virginia. If, after a deposit is made, a landlord decides not to rent to the intended tenant, he or she must return any money due to the intended tenant, minus any actual expenses of the landlord or damages. These monies must be returned within 20 days. For any funds that are not returned,

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