Habitability · quiet enjoyment · retaliation · entry notice · security deposits · anti-discrimination, under Va. Code § 55.1-1200 et seq. (Virginia Residential Landlord and Tenant Act)
Every landlord operating rental property in Virginia is legally required to uphold the tenant rights established by state statute and local ordinance, regardless of what the lease says. Tenant rights that are guaranteed by law cannot be waived by the tenant in a lease agreement. Landlords who are unaware of these obligations face dismissed eviction cases, habitability claims, fair housing investigations, and statutory penalties that can significantly exceed the underlying rent dispute.
Va. Code § 55.1-1200 et seq. (Virginia Residential Landlord and Tenant Act)
Source-of-income (Section 8) protection
No (state level)
Va. Code § 55.1-1200 et seq. (Virginia Residential Landlord and Tenant Act)
Tenant rights cannot be waived by lease clause.
In Virginia, any lease provision that attempts to waive a tenant right established by statute is void and unenforceable, and attempting to enforce it can be used against the landlord in court. Know the floor the law sets before drafting your lease.
Compliance Checklist for Virginia Landlords
Habitability audit, inspect every unit at move-in and after any reported repair request. Log completion dates. Any defect that's left unresolved for 30+ days is a habitability claim waiting to happen.
Written entry notices, document every entry with a written 24-hour notice. Keep a log of date, time, purpose, and notice method.
Security deposit documentation, conduct written move-in and move-out inspections with photos. Return the deposit (or itemized accounting) within the statutory deadline after move-out.
Fair housing compliance, apply consistent, written screening criteria to all applicants uniformly. Train all leasing staff on protected classes under federal and Virginia law.
Non-retaliation documentation, before any adverse action (non-renewal, rent increase, termination), confirm it is not connected to a recent tenant complaint or protected activity. Document the business reason in writing before acting.
