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1. How can I learn more about Virginia rental law?
2. Is there any basic information I need to know about renting? Marion Horsley, spokesperson for the office of Consumer Affairs at Virginia's Division of Consumer Protection, recommends consulting the state's handbook as the first, best step in your apartment search. "There are so many things you don't know or might take for granted," when looking for an apartment, she says. Being thoroughly familiar with the law is essential. "You're talking some significant bucks [when you rent]," she says. "You have to take care of your investment and your sense of security." 3. If I pay an application fee but don't take the apartment, is it refundable? When looking for an apartment or house rental, you may have to put down an application fee or deposit to be considered. The law says that a landlord can retain up to $20 dollars of that fee. If you decide not to take the apartment, or your application is rejected, the landlord must refund anything above that $20 within 20 days -- after subtracting any costs incurred in processing your application. If the landlord turns you down and you paid the fee by cash, certified check, cashier's check or money order, the landlord must return the fee within 10 days. In either case, the landlord is required to give you an itemized list of any application expenses for which he has subtracted money. In addition, warns Horsley, if you pay an application fee and are set to take an apartment but change your mind at the last minute, the landlord can keep a part of the application fee to cover any damages that he can show were suffered by waiting for you to take the apartment. In short, says Horsley, "Be sure you want it before you put down any money." 4. When is a lease required? The landlord has one month from the start of the lease to get you a copy of the written agreement -- signed by both the landlord and you. Even without a written lease, however, the rental agreement may still take effect. That's the case, for instance, if your landlord doesn't give you a copy of a signed agreement after you've signed it, but has been accepting your rent anyway. Or if you don't bother signing the lease, but move in or start paying rent anyway. "Read the lease," Horsley advises. "And if you don't understand it, get somebody to help you so you know what you're signing. It's amazing what different leases can say." Different agreements can vary in methods and place of payment, landlord access and many other things that you'll want to understand before you move in. 5. What kinds of things should I look for when reading over the lease? The VRLTA forbids landlords from adding provisions to rental agreements that ask the tenant to waive his rights under the rental law. Asking tenants to sign rental agreements that require the tenant to pay the landlord's attorney fees should litigation arise is also barred, as is asking the tenant to waive the landlord's liabilities under the law. 6. When is a landlord permitted to raise the rent? There is no rent control in Virginia, so a landlord is not legally limited in how much rent can be raised on an apartment or house. However, rent may be raised only after a rental agreement expires and then is renewed, and the resident must be given written notice before such a change. 7. When applying for an apartment, a landlord has access to financial information about me. How can that information be used? The only financial information that landlords are allowed to give out about you, either before or during your tenancy, is the amount of your rent and your payment record, unless you agree in writing. This rule does not apply, however, if you fall behind in your rent. 8. What should I know about security deposits? That big deposit that you have to put down when you first move into an apartment is subject to some very specific laws, and can also cause some of the biggest problems for you as a tenant. "Despite what the law says," warns Horsley, "it's difficult to get your deposit back the way you expect it," because you've already moved out of the apartment. It's important, therefore, to fully understand the law before you move in. Your security deposit cannot be larger than two months' rent. When you move out, your landlord must return your deposit to you within 30 days of the end of your tenancy, and must also give you a written, itemized list of the interest accrued and any charges or deductions taken from it. 9. When is a landlord entitled to make deductions from my security deposit? Your landlord is not allowed to make deductions from the security deposit for anything other than collecting back rent or fees that you may owe, repairing damages to the apartment beyond normal wear and tear, or covering damages for any breach of your obligations under either the VRLTA or your rental agreement. When you decide to move out of an apartment, you have the right to be present when the landlord makes his inspection of the apartment, but you must let him know in writing. The landlord is obligated to inspect the apartment during normal business hours, must do it within 72 hours of the end of your tenancy, and must notify you when it is to happen. If, during your tenancy or after you move out, your landlord decides to make deductions from the deposit, he must notify you in writing within 30 days of that decision and give you an itemized list detailing why such action is being taken. 10. Does my deposit earn interest? Security deposits held for more than 13 months earn interest. For all rental agreements signed or renewed after January 1, 1995, interest accrues in six month periods at a rate equal to the Federal Reserve Board's discount rate as of January 1 of each year. Leases signed before 1995 are subject to older interest laws. 11. How important is the 'move-in inspection'? Unless you and your landlord come to some other agreement, your landlord has five days after you move in to deliver a written report itemizing any damages in the apartment. You then have five days to object to the report or request that additions be made. It is very important for tenants to be present for the initial walk-through inspection and to be comfortable with the report that comes out of it. "Security deposits can be a significant amount of money," says Horsley. "Whether you get that deposit back in part or in full is based on establishing a base line [of the condition of the apartment], and that walk-through report is your base line." 12. Can I make repairs to the apartment by myself? The VRLTA allows for you and your landlord to agree that you take care of some repairs and cleaning and maintenance of facilities, so long as it's a good faith agreement and not intended to skirt the landlord's legal obligations. You and your landlord can also agree that you prepare the move-in inspection report, or that you do it together. 13. Does Virginia rental law cover locks? The VRLTA allows local town and county governments to pass laws requiring landlords to provide dead-bolt locks and other kinds of door and window locks, so long as the locks meet current building code and the building has five or more rental units. 14. What if I'm late with the rent, or my rent check bounces? The date, place and method by which you pay your rent will probably be detailed in your lease. If you don't pay your rent, are habitually late with your rent, or are withholding it for some reason, the VRLTA gives the landlord the right to issue a "Five-Day Pay or Quit" notice, which gives you the option of paying up within five days or moving out. At the same time, the landlord can begin eviction proceedings against you. If your rent check bounces, the law allows the landlord to give you written notice that you have five days to pay up with cash, a cashier's check or a certified check. If you don't, eviction proceedings can be started against you. 15. As a last resort in a major dispute, can I withhold my rent? In major disputes, you can withhold your rent as a means of forcing action from a landlord, but it's not something you can do on your own -- you have to go to court to have a rent escrow account set up. "It's definitely a good means [of getting a landlord's attention]; it's what the law allows," says Horsley, "but you can't just say, 'I'm not paying my rent.'" 16. Can I, as a tenant, be cited for violating housing codes? As you would expect, the VRLTA also dictates tenant obligations. When you live in a rental unit, you are required to obey all current building and safety codes, keep your apartment clean and safe and use all the facilities properly, dispose of your trash properly, and be sure not to disturb the peace of your neighbors. 17. Can my landlord create rules in the building -- particularly after I move in? Your landlord is legally allowed to establish rules and regulations in the property, and expect you to follow them, so long as they meet a few requirements. The rules must be explicitly clear, must be applied to all tenants in the same fair manner, and cannot be meant to circumvent the landlord's legal obligations. In addition, you, as a tenant, must be made aware of these rules as soon as you move in, or as soon as they are created. Any landlord rule that significantly changes something listed in your rental agreement after you move in is not enforceable unless you agree to it in writing. 18. Can my landlord enter my apartment -- or let others in -- when I'm not there? The law says when a landlord plans to enter your apartment either to inspect the premises and make agreed-upon repairs or improvements, or show the apartment to prospective tenants or buyers, he must give you "reasonable notice" and do it at "reasonable times." He may only enter your apartment without telling you if it is impractical to notify you or if it's an emergency. "The word 'reasonable' is the key," says Horsley. "Landlords need to be reasonable and tenants need to accept that [landlords can enter apartments]. But tenants also need to know that if they plan to be gone for a while, they need to let the landlord know," so landlords can arrange for routine maintenance and upkeep of the apartment to continue. Tenants "can be liable for damage to the property if they don't give that kind of warning," cautions Horsley. 19. What else is in the "Virginia Landlord/Tenant Handbook"? The state's "Virginia Landlord/Tenant Handbook" also contains information detailing the eviction process, the remedy process if you file a complaint and the actual text of the VRLTA. It also has names and phone numbers of numerous local consumer protection departments, legal referrals, and legal aid societies. 20. Whom should I call if I still have a problem? If you have specific questions about the law or need advice about a dispute, you can call the Virginia Division of Consumer Protection at (804) 786-2042, or 1-800-552-9963. 21. Are there any local consumer offices? There are also local consumer protection offices for these jurisdictions:
In addition, several local city and county governments in the area have their own housing enforcement and/or information agencies:
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