Here is the information found in the Code of Virginia, in the Virginia Residential Landlord & Tenant Act, § 55.1-12 regarding an “Application Fee”.

According to § 55.1-1200, Definitions, of the Virginia Residential Landlord & Tenant Act, an “Application Fee” is any nonrefundable fee that is paid by a tenant to a landlord or managing agent for the purpose of being considered as a tenant for a dwelling unit.

In § 55.1-1203. Application; deposit, fee, and additional information, “A. Any landlord may require a refundable application deposit in addition to a nonrefundable application fee” and “C. An application fee shall not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord to a third party performing background, credit, or other pre-occupancy checks on the applicant. However, where an application is being made for a dwelling unit that is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, an application fee shall not exceed $32, exclusive of any actual out-of-pocket expenses paid to a third party by the landlord performing background, credit, or other pre-occupancy checks on the applicant.”

Here is the information found in the Code of Virginia, in the Virginia Residential Landlord & Tenant Act, § 55.1-12 regarding an “Application Fee”.

According to § 55.1-1200, Definitions, of the Virginia Residential Landlord & Tenant Act, an “Application Fee” is any nonrefundable fee that is paid by a tenant to a landlord or managing agent for the purpose of being considered as a tenant for a dwelling unit.

In § 55.1-1203. Application; deposit, fee, and additional information, “A. Any landlord may require a refundable application deposit in addition to a nonrefundable application fee” and “C. An application fee shall not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord to a third party performing background, credit, or other pre-occupancy checks on the applicant. However, where an application is being made for a dwelling unit that is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, an application fee shall not exceed $32, exclusive of any actual out-of-pocket expenses paid to a third party by the landlord performing background, credit, or other pre-occupancy checks on the applicant.”

For issues not involving safety, you should advise the landlord in writing of the specific items needing repair. The letter should state that the landlord has a reasonable amount of time not to exceed thirty days, from the date of receipt to make the repairs. You should consider sending the letter via certified mail so the delivery date is noted. If repairs are still not made, the tenant may place the rent in an escrow account with the General District Court having jurisdiction in that locality.

This action is detailed in Section 55-248.27 of the Act.

Section 55-248.13 of the Act outlines the duties and responsibilities of the landlord to maintain the rental property.

Eviction is the process by which a landlord obtains possession of the rental property by entering a lawsuit against the tenant and receiving a judgment from the court directing the tenant to

• leave the property and
• pay back any rent,
• pay any damage claims and
• pay the costs of the court process.

If your landlord is trying to evict you, you will be notified of this action and summoned to appear in court to address the charges. You should be prepared to offer a defense.

Section 55-248.31 of the Act outlines steps that must be taken by the landlord in the eviction process.

Landlords cannot increase rent during the lease period, but can increase rent at the end of the lease period by any amount they choose.  There is no cap on the amount of increase.  You should contact your landlord prior to the end of the lease to determine if there will be an increase and, if so, how much. Landlords should give proper notice prior to the end of the lease if there will be an increase in the monthly rent. What is eviction?

Eviction is the process by which a landlord obtains possession of the rental property by entering a law suit against the tenant and receiving a judgment from the court directing the tenant to

• leave the property and
• pay back any rent,
• pay any damage claims and
• pay the costs of the court process.

If your landlord is trying to evict you, you will be notified of this action and summoned to appear in court to address the charges. You should be prepared to offer a defense.

Section 55-248.31 of the Act outlines steps that must be taken by the landlord in the eviction process.

Landlords cannot increase rent during the lease period, but can increase rent at the end of the lease period by any amount they choose. There is no cap on the amount of increase. You should contact your landlord prior to the end of the lease to determine if there will be an increase and, if so, how much. Landlords should give proper notice prior to the end of the lease if there will be an increase in the monthly rent.

The Security Deposit is held to pay for items damaged beyond reasonable wear and for any late or unpaid bills or fees.  The landlord has 45 days after termination of lease and delivery of possession of the Premises to inspect the unit, make any qualifying repairs, and return to you the remaining balance in an itemized, written notice plus interest, if applicable.

If you are on active duty or a civilian employee with the military, you may qualify for early termination of the rental agreement pursuant to Section 55-248.21:1 of the Act. This section addresses early termination by persons receiving orders to relocate at least 35 miles away from their current address and it also covers persons leaving active service. You are strongly advised to read the entire section carefully to determine the conditions that must be met for early lease termination.

Your landlord may gain access to the property to make repairs, inspect the property or to show the property to prospective buyers or tenants.  In these cases, the tenant may not unreasonably withhold access to the property.  In cases where access is denied, either party may bring a civil action in General District Court to remedy the issue.

Section 55-248.10:1 of the Act addresses the rights and remedies of both landlords and tenants.

Section 55-248.18 of the Act addresses access to the property and required notice by the landlord.

The Virginia Residential Landlord and Tenant Act (“the Act”), Sections 55-248.2 through 55-248.40 of the Code of Virginia, establishes the rights and obligations of landlords and tenants in the Commonwealth of Virginia.  Only the courts can enforce those rights and responsibilities.

The organizations listed below may provide additional information about the Act or to assist you with rental issues.  Please be aware that different cities and counties in Virginia may have their own Landlord/Tenant commission or similar office.  Please contact those offices directly for additional information that may be specific to your locality.

Virginia Residential Landlord and Tenant Act

Virginia Lawyer Referral Service800.552.7977 or 804.775.0808

Virginia Legal Aid
866-534-5243

Virginia Supreme Court – General District Court finder
804.786.6455

Virginia Fair Housing Office
888.551.3247 or 804.367.8530

You will be notified and immediate payment is expected in the form of secured funds, either money order, or cashier’s check. You will be charged with a NSF Check Fee and, if the ‘NSF’ transaction occurs after the 5th of the month, a 10% late fee will be assessed.

Additionally, a civil recovery fee of up to $250 may be assessed per § 8.01-27.2 of the Code of Virginia.

Rent is credited to the longest outstanding balance first.

For instance, if you have an outstanding balance of $150 on the last day of the month and you pay your normal rent for the following month the next day, your payment will be credited toward the $150 delinquency first before being credited toward the following month’s rent.  If you do not ‘catch up’ on this outstanding balance, your account will be subject to Late Fees each month.

According to Virginia law, “Rent” means all money, other than a security deposit, owed or paid to the landlord under the rental agreement, including prepaid rent paid more than one month in advance of the rent due date. This includes all unpaid utility charges and any other unpaid fees.