Virginia Enacts New Laws Impacting Residential Landlords

Summary — Amendments to the Virginia Residential Landlord and Tenant Act will expand tenant protections and impose new compliance obligations on landlords, including requirements to accept checks and money orders, limits on payment processing and maintenance-related fees, and an extension of the nonpayment notice period from 5 to 14 days. Beginning July 1, 2027, covered landlords must provide at least 90 days’ written notice of rent increases.

Effective July 1, several significant amendments to the Virginia Residential Landlord and Tenant Act[1] (VRLTA) will impose new obligations on landlords and increased protections for tenants. These changes include mandating landlords’ acceptance of certain payment methods, restricting fees landlords can pass onto tenants, and expanding notice requirements for evictions.

Additional amendments signed by Governor Abigail Spanberger that take effect July 2027 include a new 90-day notice requirements for rent increases for applicable landlords.

Property owners operating in the Commonwealth should review their policies, lease forms, and operational procedures promptly to ensure compliance.[2]

Method of Payment

Under the amended statute, in addition to electronic payments, a landlord must accept rental payments and any security deposit by check and money order and must provide a written receipt.[3] Tenants cannot be limited to a single payment portal if that would foreclose payment by check or money order.  The landlord must continue to offer at least one rental payment option that does not contain any additional fees to the tenant for collection or processing of payments.

Processing Fees

When they do impose collection or processing fees, landlords will be prohibited from charging “junk” fees to residents in excess of actual out-of-pocket expense charged to the landlord by a third party to process the payment.[4] Virginia joins 21 other states that have enacted similar caps.

Maintenance and Repair Fees

Private landlords are no longer able to impose fees for the general maintenance or repair of a dwelling unit. Landlords may only charge tenants for those repairs that are necessitated by the tenant’s violation of the VRLTA.[5]

Mandatory Waiting Period Increases to 14 Days

Before a landlord may terminate a rental agreement for nonpayment and proceed to obtain possession, the landlord must now serve a written notice giving the tenant 14 days to pay rent in full. Previously, the law allowed for only a 5-day “pay or quit” notice period.[6] The same 14-day period applies where a tenant’s check or electronic payment is rejected for insufficient funds or the tenant places a stop payment in bad faith—though the tenant may cure with cash, cashier’s check, certified check, or a completed electronic funds transfer.

On the Horizon: 90-Day Notice of Rent Increase Coming

Effective July 1, 2027, landlords subject to the VRLTA will be required to provide tenants with written notice of any rent increases at least 90 days prior to the end of the current rental agreement term. The notice must include a deadline—which shall be no sooner than 30 days after delivery of the notice—by which the tenant must advise the landlord whether the tenant will renew the rental agreement.[7]

Recommended Action Steps

Failure to stay current and to revise systems and procedures may increase the risk of enforcement actions and litigation. Proactive compliance efforts can help mitigate exposure in enforcement actions and private litigation. Landlords and property management companies should, at a minimum, consider taking the following steps before July 1, 2026:

• Closely review rental payment procedures and systems to ensure checks and money orders for rent and security deposit payments are accepted, and audit all processing fees to confirm they do not exceed actual third-party costs.
• Covered landlords should review lease provisions to ensure there are no automated costs attributable to routine maintenance.
• Landlords should immediately revise nonpayment notice templates. An outdated form referencing a 5-daypay or quit period after July 1, 2026, could jeopardize an unlawful detainer action.
• Landlords whose current renewal process occurs fewer than 90 days before lease expiration will need to finalize rent-setting decisions earlier and deliver written notices well before the scheduled termination date. Property management software, renewal calendars, and internal approval processes should be updated accordingly.
• Engage counsel to conduct a comprehensive review of lease forms, addenda, and operational procedures for compliance with all new requirements.

Williams Mullen advises clients on compliance with state and federal housing laws. For questions regarding these legislative changes or assistance with compliance planning, please contact any of the authors.