State-Specific Tenant Protections

Virginia Tenant Rights & Protections

Virginia Fair Housing Law (Va. Code 36-96.1 et seq.) prohibits housing discrimination and is enforced by the Virginia Fair Housing Office (FHAP agency). The Virginia Residential Landlord and Tenant Act (VRLTA, Va. Code 55.1-1200 et seq.) governs rental housing. Security deposits are capped at 2 months' rent and must be returned within 45 days. Month-to-month tenancies require 30 days' notice. Retaliation is prohibited (Va. Code 55.1-1258); adverse action within 6 months of a tenant's protected activity is presumed retaliatory. The Virginia Values Act (2020) expanded anti-discrimination protections to include sexual orientation and gender identity.

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Key Protections

What Virginia Law Protects

Security Deposit Limit

2 months' rent

Eviction Notice Minimum

30 days

Retaliation Presumption

180 days

Rent Control

No statewide rent control

Fair Housing Protections

Virginia Fair Housing Law

Va. Code Ann. §§ 36-96.1 to 36-96.23

Protected Classes

RaceColorReligionNational originSexElderliness (55+)Familial statusDisabilitySource of funds (including housing vouchers)Sexual orientationGender identityMilitary status

Filing Information

Filing Agency

Virginia Fair Housing Board (within DPOR)

Filing Deadline

1 year (365 days) from the alleged discriminatory act

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Key Provisions

  • Significantly expanded in 2020 — Virginia went from one of the weakest to one of the strongest housing protection states
  • Source of funds protections bar landlords from refusing housing voucher holders
  • Includes elderliness (55+) as a distinct protected class
  • Fair Housing Board investigates complaints and may pursue administrative hearings
  • Complainant may also file directly in state circuit court

Available Remedies

  • Compensatory damages (actual losses, emotional distress)
  • Punitive damages
  • Injunctive relief (stop discriminatory practice, restore tenancy)
  • Attorney's fees and court costs
  • Civil penalties
Tenant Protection Laws

Additional Virginia Tenant Protections

Virginia Residential Landlord and Tenant Act (Retaliation)

Va. Code Ann. § 55.1-1258

The Virginia Residential Landlord and Tenant Act, Section 55.1-1258, prohibits landlord retaliation against tenants who exercise their legal rights. A landlord may not terminate a tenancy, increase rent, decrease services, or bring eviction proceedings in retaliation for the tenant's complaints about code violations, exercise of rights under the lease, or organizing with other tenants.

  • Landlord may not terminate, raise rent, or decrease services in retaliation for protected activities
  • Protected activities include: complaints about building code violations, exercise of rights under the lease, participation in tenant organizations
  • Provides both a defense to eviction and a cause of action for damages
Important Deadlines

Filing Deadlines in Virginia

Missing a deadline can forfeit your legal claim. Know your windows.

Law / AgencyDeadlineFiled With
Federal Fair Housing Act (HUD)300 daysHUD (via state FHAP agency)
Federal Fair Housing Act (Court)2 yearsFederal or state court
VA FHL1 year (365 days) from the alleged discriminatory actVirginia Fair Housing Board (within DPOR)

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Legal Disclaimer

This page provides general legal information about Virginia tenant rights for educational purposes only. It is not legal advice, and no attorney-client relationship is created. Laws change frequently; verify current statutes with your state agency or a qualified attorney. If you believe your rights have been violated, consult a licensed landlord-tenant attorney in Virginia.