What types of rental accommodations are covered by legislation governing residential tenancies in Virginia?
The Virginia Residential Landlord and Tenant Act establishes the rights and obligations of landlords and tenants in the Commonwealth, and covers most residential rental agreements, including ALL apartments. Motels and boarding houses are covered by the Act ONLY if the tenant lives in the accommodations for more than 30 days. Some provisions of the Act protect tenants in manufactured home parks.
The Act applies to single-family dwellings if the owner owns more than 10 such units. However, if the owner owns more than 4 single-family residences or condominium units located within a city or any county having either the urban county executive form (Fairfax) or county manager plan of government (Arlington), the Act applies. The lease may also contain a provisions stating that the Act will apply.
Duplexes are considered apartments ONLY if they share common areas and/or heating facilities, hot water equipment or any other essential facility or service with any other dwelling unit. Otherwise, they are considered single-family dwellings and are only covered by the Act if the landlord owns and rents more than 10 single-family dwelling units.
What types of rental accommodations are NOT covered by this legislation?
Several types of properties are exempt from the Act, including single-family rental houses where the landlord owns or rents 10 or fewer such houses. Some landlords and tenants NOT covered by the Act may be entitled to different protections under another law.
Other accommodations which are not covered by the Act include:
1. Jails, hospitals, schools, nursing homes, and other private or public institutions whose purpose is the provision of medical, geriatric, educational, counseling, religious or similar services;
2. Occupancy under a contract of sale of a dwelling unit or the property of which it is a part, if the occupant is the purchaser or a person who succeeds to his interest;
3. Occupancy by a member of a fraternal or social organization in the portion of a structure operated for the benefit of the organization;
4. Occupancy in a hotel, motel, vacation cottage, boardinghouse or similar lodging held out for transients, unless let continuously to one occupant for more than 30 days, including occupancy in a lodging subject to State tax;
5. Occupancy by an employee of a landlord whose right to occupancy is conditioned upon employment in and about the premises or an ex-employee whose occupancy continues less than 60 days;
6. Occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative;
7. Occupancy under a rental agreement covering premises used by the occupant primarily in connection with business, commercial or agricultural purposes;
8. Occupancy in a public housing unit or other housing unit subject to regulation by the Department of Housing and Urban Development where such regulation is inconsistent with the Act;
9. Occupancy by a tenant who pays no rent.
Is it necessary to have a written lease or rental agreement?
The rental agreement can be either written or oral, unless it is for a manufactured home lot, in which case it must be in writing. Rental agreements for manufactured home lots cannot be for a rental period of less than 1 year.
Acceptance of rent by the landlord and acceptance of the rental premises gives the rental agreement the same effect as if it had been signed and delivered by the parties, notwithstanding that the agreement between the parties may be oral, however, in these circumstances the agreement can only be effective for 1 year.
What about a signed move-in move-out inspection report?
Within 5 days after the tenancy begins, the landlord must submit a written report to the tenant for his/her safekeeping, which itemizes any damages to the rental unit existing at the time the tenancy began. The tenant has 5 days after receipt of the report to make any corrections or objections, in writing, failing which the tenant will be deemed to have accepted the report as correct. The landlord may adopt a written policy allowing the tenant to prepare the written report of the move-in inspection, in which case the tenant must submit a copy to the landlord, and the landlord then has 5 days to reply. The landlord's policy may also provide that the parties prepare the written move-in inspection report jointly, in which case both parties must sign the report and retain a copy.
The tenant has the right to be present at the landlord's inspection of the premises after move-out. If the tenant wishes to be present for the inspection, s/he must advise the landlord in writing, who must advise the tenant of the date and time of the inspection (which must be within 72 hours after the tenant vacates the unit). Upon completion of the inspection, the landlord must furnish the tenant with an itemized list of damages existing at the time of the inspection.
Can the landlord charge a deposit?
The landlord may charge a security deposit, not to exceed 2 months' rent, which can be applied at the end of the tenancy to (i) payment of accrued rent, including reasonable charges for late payment of rent; (ii) payment for damages to the rental unit (except for reasonable wear and tear); (iii) payment of other damages or charges as provided in the rental agreement. The landlord has 45 days from the end of the tenancy to inspect the unit, make any qualifying repairs, and return the balance of the security deposit to the tenant, plus interest if applicable. If the landlord is making deductions from the deposit, s/he must also provide a written notice itemizing those deductions and the reasons for them, to be given to the tenant within 30 days of the date of determining such deductions.
The security deposit will accrue interest at the annual rate determined by the Act. However, no interest is due and payable unless the deposit has been held by the landlord for a period of more than 13 months. The interest is payable to the tenant upon termination of the tenancy and delivery of the premises over to the landlord.
The landlord is also allowed to charge an application fee, which is refundable.
When is the landlord allowed to increase the rent?
The landlord can raise the rent at the end of the lease period by any amount s/he chooses. During the term of the rental agreement, no unilateral change to the terms (including a rent increase) are valid unless proper notice is given, and both parties agree to the change in writing.
How can a lease be terminated?
If the tenancy is month to month, either party may terminate the agreement by giving 1 month's written notice to the other party. If the tenancy is week-to-week, either party may terminate by giving 1 week's written notice.
If the lease is for a fixed period of time, such as 1 year, it may contain provisions for early termination. Otherwise, the lease expires at the end of the term, unless the parties agree to earlier termination. Tenants who are on active military duty or are civilian employees with the military may be able to terminate their lease early. The Act gives the right to early termination of the lease to persons receiving orders to relocate at least 35 miles away from the rental unit, or if they are discharged or released from active duty, or are ordered to report to government-supplied quarters resulting in the forfeiture of basic allowance for quarters. Such tenants must give the landlord a written notice of termination, setting out a termination date not less than 30 days after receipt of the notice, and not more than 60 days prior to the date of departure. The tenant must also provide the landlord with a copy of the official orders or a signed letter from the commanding officer, confirming the orders.
If the tenancy is for a manufactured home park lot and is for a period of 60 days or more, either party may terminate by giving the other written notice at least 60 days prior to the termination date, unless the rental agreement states otherwise. If the termination is due to rehabilitation or a change in the use of all or part of the park by the landlord, the landlord must give 120 days written notice to the tenants.
Can a tenant assign a lease or sublet the premises?
It depends on the terms of the rental agreement. Typically, the landlord's consent is required. If the rental agreement does contain such a clause, the landlord must provide the tenant with his/her approval or disapproval of a prospective assignee or sublessee within 10 business days of receipt of a written application by such person. If the tenant assigns the lease or sublets the property, the landlord cannot demand a second security deposit if s/he is already holding one from the original tenant.
When is the landlord permitted to enter the premises?
Except in the case of emergency, when no notice or consent is required, the landlord is permitted, on at least 24 hours notice, to enter the property to make repairs, inspect the premises, supply services, or to show the premises to prospective buyers or tenants, and the tenant may not unreasonably withhold consent for the landlord to enter. The landlord is prohibited from making unlawful entry, making lawful entry in an unreasonable manner, or harassing a tenant by making repeated demands for entry.
On what grounds can a landlord evict a tenant?
A landlord can evict a tenant for several reasons, including:
(a) nonpayment of rent;
(b) breach of a condition of the rental agreement;
(c) holding over in the premises after termination of the rental agreement, without the landlord's consent;
(d) criminal activity, or a willful act materially affecting health and safety (which can result in immediate termination of the rental agreement);
(e) violation of building or housing code regulations caused by a lack of reasonable care (for manufactured home park lot tenants).
A tenant who has been evicted from a manufactured home park has 90 days after judgment has been entered in which to sell the home or remove the home from the park, subject to the rights of any secured party having a security interest in the home, including any lien rights of the park.
A landlord may not cut off utilities or necessary services, lock a tenant out or otherwise try to take possession of the premises by any means other than through the courts.
A landlord cannot increase rent, threaten eviction, cut off or reduce services as retaliation against a tenant for complaining to the landlord or to a government agency with respect to the condition of the premises, for organizing or joining a tenants' association, or otherwise availing him/herself of any other lawful rights and remedies.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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