Virginia tenant screening and landlord-tenant law

Virginia caps the nonrefundable application fee at $50, or $32 for a dwelling unit that is public housing or otherwise regulated by HUD — in both cases exclusive of a landlord's actual out-of-pocket cost for third-party background, credit, or other pre-occupancy checks (Va. Code §55.1-1203(C)). A landlord may also charge a separate, refundable application deposit; if the applicant isn't approved or doesn't rent the unit, the landlord must generally refund the balance above actual expenses/damages within 20 days (10 days if the deposit was paid by cash, certified check, cashier's check, or money order and the landlord rejected the application), with an itemized list of any amounts withheld. Effective July 1, 2027, an amended version of this statute (2026, c. 1050) adds a new pre-application notice requirement: before requesting or collecting any payment or information, a landlord must disclose in writing or by posting the fee/deposit amounts and refundability, the tenant selection criteria, any automatic-denial criteria, other denial criteria, the name and address of any consumer reporting agency used, and the applicant's right to a free copy of the consumer report and to dispute its accuracy in the event of an adverse action.

Virginia's Fair Housing Law does not restrict criminal history screening — it affirmatively permits it. Under §36-96.2(F), a rental application may require disclosure of criminal convictions, and an owner or managing agent may require the applicant to consent to a criminal record check (recouping only the exact out-of-pocket cost). The law also clarifies that nothing in the Fair Housing Law requires renting to an individual who, based on a prior record of convictions involving harm to persons or property, would pose a clear and present threat to others' health or safety. Virginia has no statewide "fair chance" or lookback-period housing law layered on top of this.

Virginia's Fair Housing Law protects "source of funds" — defined broadly as any lawful source of funds provided to a renter, including any government or nongovernmental assistance, benefit, or subsidy program (Va. Code §§36-96.1:1, 36-96.3). This protection has two notable carve-outs that landlords should not overlook: a small-landlord exemption — an owner who owns four or fewer rental dwelling units in the Commonwealth (and does not hold more than a 10 percent interest in more than four units) may generally deny or limit rental based on source of funds (§36-96.2(I)) — and an approval-timing exception: even a covered owner may deny or limit occupancy based on source of funds if that funding source is not approved within 15 days of the applicant's request for tenancy approval (§36-96.2(J)).

Virginia has no dedicated consumer-reporting statute for tenant screening. Virginia's Chapter 35.1, "Consumer Reporting Agencies" (Va. Code §§59.1-444.1–444.4), governs credit-report security freezes and (since 2024) bars reporting medical debt to consumer reporting agencies — and it expressly excludes tenant and background screening databases from its security-freeze rules (§59.1-444.2(O)(4)). Federal FCRA §615 therefore generally governs adverse action notices for tenant screening in Virginia today, with the pre-application consumer-report disclosure described above becoming a state-specific addition on July 1, 2027.

Under Va. Code §55.1-1226, the deposit is capped at two months' periodic rent. It may generally be applied only to accrued rent (including lease-specified late charges), damage beyond normal wear and tear, other lease-authorized damages/charges, or actual breach-of-lease damages. Itemized written notice of any deductions, plus any balance due, is generally required within 45 days after the tenancy terminates or the tenant vacates, whichever is later. A landlord may withhold a reasonable portion pending an unpaid utility bill if proper advance notice was given. Willful noncompliance can result in a court ordering the deposit returned along with actual damages and attorney's fees. Tenants may opt to provide damage insurance in lieu of a deposit, and may switch back to a deposit at any time.

For rent-control requirements, confirm current Virginia local law and the scope of local-government authority under Virginia's Dillon Rule before finalizing a screening policy; review Va. Code Title 15.2, Chapter 9. There is no general statewide just-cause eviction requirement. A month-to-month tenancy may generally be ended by either party with at least 30 days' written notice (at least 7 days for week-to-week), per §55.1-1253(A). A separate provision requires certain large multifamily owners to give at least 60 days' notice before declining to renew a large share of month-to-month tenancies within a 30-day window (§55.1-1253(B)) — a narrower anti-mass-non-renewal rule, not a full just-cause standard. Once a case proceeds to court, an unlawful detainer's initial hearing generally must occur within 21 days of filing (up to 30 if scheduling requires) under §8.01-126(B).

Virginia is a Dillon Rule state, meaning cities, counties, and towns can generally only exercise powers the state has expressly granted them — so local tenant-screening or landlord-tenant ordinances tend to be narrower than in home-rule states. Virginia also has an independent-city structure: cities like Richmond, Virginia Beach, Alexandria, and Norfolk are legally separate from any surrounding county, while Arlington is organized as an urbanized county with no incorporated towns inside it. Virginia Code §15.2-965 allows localities to establish human rights ordinances and commissions, generally to help enforce existing state and federal protections rather than create new protected categories or screening rules. Confirm any tenant-screening, criminal-history, or source-of-funds ordinance in Richmond, Virginia Beach, Alexandria, or Arlington against each locality's current code before finalizing a screening policy.

Virginia does not use a "township" system. Its local government units are counties, independent cities, and (within some counties) incorporated towns. Independent cities are not part of any county, so there is no county/city overlap question the way there is in most other states.

Is there a cap on rental application fees in Virginia? Yes. Virginia generally caps the nonrefundable application fee at $50, or $32 for HUD-regulated or public housing, exclusive of actual third-party screening costs (Va. Code §55.1-1203).

Can a Virginia landlord consider criminal history? Generally, yes. Virginia's Fair Housing Law expressly permits requiring disclosure of criminal convictions and running a criminal record check (Va. Code §36-96.2(F)).

Is source of income (source of funds) protected in Virginia? Generally, yes, but with exceptions — owners of four or fewer rental units in the Commonwealth are generally exempt from this protection, and even covered owners may deny based on an unapproved funding source after 15 days (Va. Code §36-96.2(I)–(J)).

How much can a Virginia landlord charge for a security deposit? Generally, no more than two months' periodic rent (Va. Code §55.1-1226).

Checkr helps landlords and property managers run tenant screening reports designed to support FCRA compliance while accounting for state-specific rules like Virginia's application fee cap and source-of-funds carve-outs. Get started with Checkr to build a screening process suited to Virginia's requirements.

The resources and information provided here are for educational and informational purposes only and do not constitute legal advice. Always consult your own counsel for up-to-date legal advice and guidance related to your practices, needs, and compliance with applicable laws.