Virginia significantly strengthened tenant protections in 2020, including enacting source of income protection. Landlords cannot refuse to rent based on a tenant's use of housing vouchers. The state also codified the warranty of habitability and expanded tenant rights.
Key Tenant Protections at a Glance
Quick Reference: Virginia (VA)
- Source of income protection: Yes
- Rent control: No
- Security deposit limit: 2 months rent
- Security deposit return deadline: 45 days
- Eviction notice (nonpayment): 5 days (nonpayment, with 5 day cure after court filing)
- Notice to end month-to-month: 30 days
Source of Income Protection
Yes — landlords cannot refuse tenants based on housing vouchers or other lawful income sources.
Source of income protection means landlords cannot refuse to rent to you because you pay with a housing voucher (Section 8), SSI, SSDI, veterans benefits, child support, alimony, TANF, or other lawful income. In Virginia, this protection is law. If a landlord refuses your voucher, you can file a fair housing complaint.
Rent Control
No — there are no statewide rent control or rent stabilization laws.
Security Deposits
Maximum deposit: 2 months rent. Your landlord must return your security deposit within 45 days after you move out. Deductions can only be made for actual damage beyond normal wear and tear, and your landlord must provide an itemized list of deductions. If your landlord fails to return your deposit or provide an itemized list, you may be entitled to recover the full deposit plus penalties in court.
Eviction Process
In Virginia, landlords must follow legal procedures to evict a tenant. Self-help evictions — changing locks, shutting off utilities, or removing belongings — are illegal. Here's what to expect:
- Nonpayment of rent: 5 days (nonpayment, with 5 day cure after court filing) written notice required before filing in court.
- Ending month-to-month tenancy: 30 days written notice required.
- Court process: After notice expires, the landlord must file in court. You will receive a court summons and have the right to appear, present your defense, and contest the eviction.
If you receive an eviction notice, do not ignore it. Contact legal aid immediately for help understanding your rights and options.
Additional Protections in Virginia
- Source of income protection (2020)
- Strong warranty of habitability
- Tenant right to organize
Where to Get Help in Virginia
Free legal aid: Virginia Legal Aid provides free legal assistance to low-income residents facing housing issues, including eviction defense, habitability complaints, and discrimination claims.
Housing finance agency: Virginia Housing administers state housing programs including Low-Income Housing Tax Credit (LIHTC) properties, homebuyer assistance, and rental programs.
Find your local Public Housing Authority (PHA): PHAs administer Section 8 vouchers and public housing in your area. Use HUD's PHA contact directory to find yours. You can also see our guide on how to find your PHA.
211 Helpline: Dial 2-1-1 or visit 211.org to connect with local housing assistance, emergency shelters, utility help, and social services in Virginia.
HUD Fair Housing: If you've experienced housing discrimination, file a complaint with HUD's Office of Fair Housing or call 1-800-669-9777.