Key Takeaways
Establish written, consistent tenant screening criteria and document every application decision to support fair housing compliance and reduce disputes.
Follow Virginia's requirements for lease disclosures, security deposit handling, property entry, and written notices to help protect your rental investment.
Maintain accurate records of notices, inspections, repairs, and deposit deductions, and follow the required legal procedures if an eviction becomes necessary.
Compliance isn't optional when you own rental property in Virginia. Landlord-tenant law changes year after year, fair housing rules apply to every screening decision you make, and a single misstep on notice timing or lease language can cost you thousands in legal fees or lost rent.
KRS Holdings works with owners across Virginia to build compliance into the rental process from the first application through move-out. This checklist walks you through the legal steps in order, from tenant screening to security deposit handling and entry procedures.
The Tenant Screening Process
Your tenant screening process is where compliance begins. Under the Fair Housing Act, you must apply the same criteria to every applicant. That means documenting your process before you advertise the property and sticking to it for every single applicant who applies.
Start by setting clear, written criteria. Credit score minimums, criminal history thresholds, and eviction history lookback periods should be written down and applied uniformly. Our team uses background checks, credit reports, and income verification to build a defensible screening decision.
Virginia law does not prohibit landlords from using criminal history in screening, but you must consider the nature, severity and age of the offense. If you reject an applicant based on criminal history, be prepared to explain why that specific conviction disqualifies them.
Verify income. Request recent pay stubs, tax returns or an employment letter. If an applicant is self-employed, ask for two years of tax returns. Verification creates a paper trail that protects you if a tenant later claims you made a discriminatory decision.
Check credit reports through an authorized consumer reporting agency. A credit report shows payment history, debt levels and any collections or judgments. Consistent late payments or recent defaults are red flags for future rent collection problems.
Required Lease Disclosures and Language
Virginia requires landlords to disclose any known mold in the unit before the tenant moves in. If you see mold during the move-in inspection, document it in writing and include it in the lease or a separate addendum. Tidewater's humidity and older housing stock make this disclosure critical.
State the security deposit amount and the account where it will be held. Virginia law caps security deposits at two months' rent. You must hold the deposit in a separate account and may not commingle it with your operating funds. Include the account name and institution in the lease or in a separate written statement provided at lease signing.
Specify the return of security deposit timeline. You have 45 days after move-out to return the deposit or provide an itemized statement of deductions. Set clear expectations by including this timeline in the lease.
Add an entry notice clause. Virginia requires you to give 24 hours' notice before entering the unit except in emergencies. Your lease should state this clearly and explain when entry is permitted.
Security Deposit Handling and Timelines
Security deposit disputes are among the most common landlord-tenant conflicts. Virginia law is specific about how to handle deposits, and violations can result in statutory damages of up to three times the wrongfully withheld amount plus attorney fees.
At lease signing, collect the security deposit and issue a written receipt. The receipt should state the amount collected, the date, and the account where it will be held. Virginia does not require a specific receipt form, but written documentation protects both you and the tenant.
Do not use the deposit for rent or repairs during the tenancy. The deposit is held in trust for the tenant. If the tenant stops paying rent, you cannot simply deduct unpaid rent from the deposit. You must pursue rent collection or eviction separately. The only time you may deduct from the deposit is after the tenant moves out and you have documented the damage.
Itemize all deductions. You may deduct for unpaid rent, damage beyond normal wear and tear, cleaning costs if the unit is left dirty, and any lease violations. Normal wear and tear is not deductible. Document each deduction with a description, the cost and the reason.
Return the deposit or provide an itemized statement within 45 days of move-out. If you are returning the full deposit, send a check or direct deposit. If you are making deductions, send an itemized statement with a detailed explanation of each deduction and the amount.
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If you fail to return the deposit or provide a statement within 45 days, the tenant may sue for the full deposit amount plus interest plus statutory damages up to three times the wrongfully withheld amount. This is not discretionary. Virginia courts enforce this strictly.
Entry Notice Requirements and Procedures
Entering a tenant's unit without proper notice is a violation of Virginia law and can be grounds for the tenant to break the lease.
Landlords must provide 24 hours' written notice before entry. Email, text, phone message or a notice posted on the door are all acceptable if they clearly state the date, time and reason for entry.
Limit entry to permitted purposes. You may enter to show the property to prospective tenants or buyers, make repairs, perform pest control, conduct inspections, or respond to emergencies. You cannot enter for any reason not stated in the lease.
Emergencies are the only exception. If there is an immediate threat to safety or property, you may enter without notice. Document the emergency and notify the tenant as soon as possible afterward.
Notice Requirements for Rent Increases, Non-Renewal and Lease Violations
For rent increases, provide 30 days' written notice before the increase takes effect. The notice must state the new rent amount and the date it takes effect. For lease non-renewal, provide 30 days' notice before the lease expires. This gives the tenant time to find another property.
For non-payment of rent, provide 5 days' notice to pay or quit, giving the tenant five days to pay all outstanding rent or the lease terminates.
For other lease violations, provide 30 days' notice to cure or quit. The tenant has 30 days to fix the violation or move out. For incurable violations, you may proceed directly to eviction without a cure period.
Provide notices in writing and keep a copy for your records and document the date the tenant received it. If you use certified mail, keep the green card. If you post the notice on the door, take a photo showing the date and time.
Eviction Notices and Court Procedures
If a tenant does not comply with a notice to pay or cure, eviction is the next step. Eviction in Virginia follows specific procedures, and skipping steps or using the wrong notice language can get your case dismissed.
The notice must be served by a sheriff, constable or process server. Posting it on the door or mailing it is not valid service for an eviction. The server must hand it to the tenant personally or leave it at the property in a conspicuous place if the tenant is not home. The server will provide you with an affidavit of service, which you must file with the court.
File the eviction case in general district court. The location of the district court depends on where the property is located.
The court will then schedule a hearing, usually within 21 days of filing. If you or your attorney does not appear, the case will be dismissed. The tenant has the right to appear and contest the eviction. Be prepared to present evidence.
If you win, the court will issue a judgment for possession. The tenant then has a period to appeal or vacate. If the tenant does not leave, the sheriff will execute a "writ of possession" and remove the tenant's belongings.
Bottom Line
Compliance is a process, not a checklist you complete once and forget. It starts with uniform tenant screening, continues through lease disclosures and security deposit handling, and extends through entry procedures, notice requirements and eviction if necessary.
KRS Holdings manages this process for owners, handling daily responsibilities and legal compliance so you don’t have to. Contact us today to learn more.
Frequently Asked Questions About Landlord Compliance in Tidewater
What Should Virginia Landlords Include in Their Tenant Screening Process?
Virginia landlords should establish clear, written screening criteria and apply them consistently to every applicant. The process may include reviewing credit reports, verifying income and employment, checking rental history, contacting previous landlords, and evaluating relevant background information.
Criminal history should be considered carefully, taking into account the nature, severity, and age of an offense. At KRS Holdings, we use background checks, credit reports, and income verification to support informed screening decisions while following applicable Fair Housing requirements.
What Are Virginia's Security Deposit Requirements for Rental Owners?
Virginia law generally limits security deposits to an amount equal to two months' rent. Landlords must keep deposits separate from operating funds and provide appropriate documentation of the amount collected. After a tenant moves out, landlords generally have 45 days to return the deposit or provide an itemized statement explaining any deductions.
Deductions may apply to unpaid rent, damage beyond normal wear and tear, and other permitted expenses. Maintaining clear records, receipts, and move-in and move-out documentation can help reduce the risk of disputes.
How Can KRS Holdings Help Owners Maintain Landlord Compliance?
KRS Holdings helps rental property owners manage compliance throughout the rental process, from tenant screening and lease preparation to security deposit handling, property entry, and lease enforcement. Our team supports consistent procedures, maintains important documentation, and helps coordinate required notices and communication.
If a tenant dispute or eviction becomes necessary, we help owners navigate the applicable process and coordinate the next steps. Professional management can help reduce the administrative burden of rental ownership while supporting organized operations and adherence to Virginia landlord-tenant requirements.