Managing property in Virginia comes with specific legal requirements that every property manager should know. In Virginia, individuals involved in leasing or renting properties must have a real estate broker's license to manage property legally. These laws cover everything from maintenance responsibilities to tenant relations and are designed to protect both property owners and tenants.

Property managers in Virginia must follow the Virginia Residential Landlord and Tenant Act, which outlines specific obligations like maintaining habitable living conditions and addressing repair requests promptly. The law also requires property managers to perform according to the terms of their management agreements and exercise ordinary care in their duties.

Key Takeaways

• Property managers in Virginia must possess a real estate broker's license to legally engage in leasing activities.
• Maintenance responsibilities include ensuring habitable conditions and promptly addressing repair requests.
• Virginia property managers must adhere to specific timelines for handling rental payments and eviction processes.

Residential Property Management Laws In Virginia

Virginia's residential property management laws establish clear guidelines for landlords and property managers. These laws cover tenant screening procedures, lease agreement requirements, and rules for handling security deposits.

Tenant Screening Rules In Virginia

Property managers in Virginia must follow fair housing laws when screening potential tenants. Discrimination based on race, color, religion, national origin, sex, familial status, disability, source of funds, or sexual orientation is prohibited.

When conducting background checks, you must:

• Obtain written consent from applicants
• Provide notice if you deny based on credit information
• Follow the Fair Credit Reporting Act requirements

Criminal background checks are permitted, but blanket policies rejecting all applicants with criminal histories may violate fair housing laws. Income requirements must be applied consistently to all applicants.

Screening fees are allowed but should be reasonable and actually used for verification purposes.

Lease Agreement Requirements In Virginia

Virginia requires specific elements in residential lease agreements to be legally enforceable. A valid lease must include:

• Names of all parties (landlord/property manager and tenants)
• Property address and description
• Rental amount and due date
• Lease term (start and end dates)
• Security deposit amount and terms
• Maintenance responsibilities
• Rules regarding pets and smoking

The Virginia Residential Landlord and Tenant Act (VRLTA) requires that rental payments continue "within five days of the due date" as specified in the rental agreement. This law applies to most residential properties in Virginia.

Property managers must provide tenants with a copy of the signed lease. Any changes to the agreement must be in writing and signed by both parties.

Security Deposits Guidelines In Virginia

Virginia law limits security deposits to a maximum of two months' rent. Property managers handling these funds have specific obligations:

1. Deposit timeframe: No specific timeframe for depositing funds, but they must be held in a Virginia bank or trust company.
2. Interest: No requirement to pay interest on security deposits.
3. Move-out inspection: Property managers must:
   • Notify tenants of their right to be present during inspection
   • Complete inspection within 72 hours of move-out
   • Provide an itemized list of damages

The property management agreement should clearly outline how security deposits will be handled. Property managers must return deposits within 45 days after lease termination, with an itemized list of any deductions for damages beyond normal wear and tear or unpaid rent.

Virginia's property management laws focus on enhancing tenant rights while also protecting landlords' interests in their rental properties.

Commercial Property Regulations In Virginia

Commercial property management in Virginia has specific legal requirements that differ from residential properties. These regulations cover lease terms and eviction procedures to protect both landlords and tenants in business relationships.

Standard Commercial Lease Terms In Virginia

Unlike residential leases, commercial leases in Virginia have fewer statutory protections for tenants. Commercial landlords and tenants have more freedom to negotiate terms.

Most commercial leases in Virginia require:

• Rent payment terms including base rent, escalation clauses, and additional fees
• Maintenance responsibilities clearly defining landlord vs. tenant obligations
• Term length (typically 3-5 years with renewal options)
• Security deposits (not capped by law unlike residential properties)
• Use clauses restricting how the property can be used

Virginia does not mandate disclosure requirements for commercial properties that exist for residential units. The Virginia property management laws emphasize freedom of contract for commercial relationships.

Eviction Procedures For Virginia Commercial Properties

Commercial evictions in Virginia follow a specific legal process that property managers must understand to avoid costly mistakes.

The process typically includes:

1. Written notice of default specifying the lease violation
2. Cure period allowing tenants time to remedy the issue (typically 5-30 days depending on lease terms)
3. Filing an unlawful detainer with the court if the tenant fails to cure
4. Court hearing where both parties present their case
5. Writ of possession if the landlord prevails

Commercial evictions move faster than residential ones. Virginia law allows for expedited proceedings when a tenant has abandoned the property or is causing serious damage.

Property managers must ensure all real estate licensing requirements are met when handling commercial property matters. Failure to follow proper procedures can lead to delays and potential liability.

Fair Housing Compliance In Virginia

Virginia property managers must adhere to strict fair housing regulations that extend beyond federal protections. These laws prohibit discrimination in housing transactions and require specific accommodations for protected individuals.

Protected Classes In Virginia

Virginia's Fair Housing Law protects individuals based on race, color, religion, national origin, sex, elderliness, familial status, disability, source of funds, sexual orientation, gender identity, and military status. The inclusion of "elderliness" as a protected class is unique to Virginia, covering individuals 55 years and older.

Property managers must:

• Post fair housing notices in rental offices
• Use non-discriminatory language in all advertising
• Apply screening criteria consistently to all applicants
• Maintain documentation of tenant selection processes

Violations of Title 55.1 housing provisions can result in significant penalties, including fines up to $50,000 for repeat offenders. The Virginia Real Estate Cooperative Act and Virginia Condominium Act contain additional fair housing provisions that property managers must follow.

Reasonable Accommodations Guidance In Virginia

Property managers must provide reasonable accommodations for tenants with disabilities. These accommodations involve modifying rules, policies, or physical spaces to ensure equal housing opportunities.

Common reasonable accommodations include:

• Physical modifications: Installing ramps, grab bars, or lowered countertops
• Policy exceptions: Allowing service animals in no-pet buildings
• Communication adaptations: Providing documents in alternative formats

When receiving accommodation requests, property managers should respond promptly. Virginia's Common Interest Community Ombudsman can provide guidance on complex cases. Documentation of a disability may be requested but must be handled confidentially.

The Virginia Resale Disclosure Act requires property managers to disclose any known accessibility limitations when reselling properties. Reasonable accommodation policies should be clearly documented and consistently applied to avoid discrimination claims.

Maintenance Responsibilities For Virginia Property Managers

Virginia property managers face specific legal obligations for maintaining rental properties. These responsibilities include meeting strict timelines for repairs and adhering to state-defined habitability standards.

Repair Timelines In Virginia

Property managers in Virginia must respond promptly to maintenance requests. The Virginia Residential Landlord and Tenant Act requires addressing emergency repairs within 24-48 hours. These emergencies include:

• No heat in winter
• No water
• Gas leaks
• Major electrical issues
• Sewage backups

For non-emergency repairs, property managers have 14 calendar days to complete the work after receiving written notice from the tenant. If repairs aren't made within this timeframe, tenants may have legal remedies including repair and deduct rights under Virginia law.

Property managers must exercise ordinary care when conducting inspections and maintenance. Documenting all repair requests and responses is essential for protection against potential claims.

Habitability Standards In Virginia

Virginia law requires rental properties to meet specific habitability standards. Property managers must ensure:

• Functioning plumbing, electrical, and heating systems
• Weather-tight windows and doors
• Structurally sound floors, walls, and ceilings
• Working smoke and carbon monoxide detectors
• Pest-free living conditions

Virginia also protects tenants' rights to install solar energy collection devices, though reasonable restrictions may apply to installation methods. Property managers must maintain common areas in multi-unit buildings and ensure rental properties remain clean and safe.

Regular inspections help identify maintenance issues before they become serious violations. Maintaining detailed maintenance records demonstrates compliance with state regulations.

Licensing And Certification For Virginia Property Managers

Virginia has specific requirements for property managers regarding licensing and certification that vary based on the activities performed. Understanding these requirements helps property managers operate legally within the state.

Virginia Property Manager Licensing Process

In Virginia, property management itself does not require a specific license. However, many activities performed by property managers are considered real estate activities and require proper licensing.

To perform licensed activities such as leasing or renting properties, you must obtain a real estate license. The process includes:

• Be at least 18 years old
• Complete 60 hours of pre-licensing coursework
• Pass the Virginia real estate exam
• Submit application to the Virginia Real Estate Board
• Pay the appropriate application fee

The application process requires background checks and verification of qualifications for licensure. Property managers can obtain either a salesperson license or a real estate broker's license depending on their role and responsibilities.

Continuing Education Mandates In Virginia

Licensed property managers in Virginia must fulfill continuing education requirements to maintain their licenses. These requirements ensure professionals stay current with laws and best practices.

The Virginia Real Estate Board mandates:

• 16 hours of continuing education courses every 2 years
• Courses must include content on fair housing, legal updates, and ethics
• Approved courses through accredited real estate education providers

For property managers handling common interest communities (like HOAs or condos), additional certification may be required through the Common Interest Community Board. This specialized certification has its own renewal fee and continuing education mandates.

The PM Certified property management certification offers additional credentials that can enhance a property manager's knowledge and marketability. This program focuses specifically on property management law, regulations, and agency relationships.

Eviction Laws And Notices In Virginia

Virginia landlords must follow specific legal procedures when evicting tenants, including proper notice periods and valid grounds for eviction according to state law.

Notice Periods For Eviction In Virginia

In Virginia, landlords must provide tenants with appropriate notice before filing for eviction. For nonpayment of rent, landlords must give a 5-day Pay or Quit notice. Tenants must make rental payments within five days of the due date as specified in their lease agreement.

For lease violations, property managers must provide a 30-day notice to comply. This notice gives tenants 21 days to fix the issue before further action is taken.

Month-to-month tenancies require a 30-day notice to terminate without cause. However, for fixed-term leases, landlords generally cannot evict without cause until the lease term ends.

Notice delivery must be in writing and can be:

• Hand-delivered to the tenant
• Mailed to the tenant's last known address
• Posted on the tenant's door (in some circumstances)

Legal Grounds For Eviction In Virginia

Virginia law allows landlords to evict tenants only for specific legal reasons. Common grounds include nonpayment of rent, lease violations, illegal activities on the property, and expiration of the lease term.

Property managers should note that evicting tenants in retaliation for actions like filing maintenance complaints or joining tenant organizations is strictly prohibited under Virginia law.

The eviction process involves several steps:

1. Proper written notice to the tenant
2. Filing an unlawful detainer with the court
3. Court hearing
4. Obtaining a writ of possession if judgment favors the landlord

Property managers cannot engage in "self-help" evictions such as changing locks, removing doors, or shutting off utilities. These actions are illegal and can result in the tenant suing for damages.

Building code violations caused by tenant negligence may also serve as valid grounds for eviction according to Virginia statutes.

Rent Control And Increases In Virginia

Virginia has specific rules governing rent increases that property managers must follow to maintain legal compliance and positive tenant relationships.

Statewide Rent Increase Rules In Virginia

Virginia does not have rent control laws that limit how much landlords can charge for rent. Unlike some states with strict rent control policies, Virginia property managers have more flexibility in setting rental rates. The state follows a free market approach, allowing property managers to adjust rent based on market conditions.

This absence of Virginia rent control laws means there are no caps on how much rent can increase when a lease renews. Property managers can raise rent to any amount they determine appropriate when a lease term ends.

However, mid-lease rent increases are not permitted unless specifically outlined in the lease agreement. Any rent changes must wait until the current lease expires unless your lease contains provisions allowing for adjustments.

Notifying Tenants Of Rent Changes In Virginia

Property managers must provide proper notice before implementing rent increases. According to Virginia law, landlords must give tenants at least 30 days' written notice before any rent increase takes effect.

For month-to-month tenancies, the same 30-day notice requirement applies. This timeframe gives tenants sufficient opportunity to decide whether to accept the new terms or find alternative housing.

The notice should clearly state:

• Current rent amount
• New rent amount
• Effective date of increase
• Payment instructions

All rental payments from tenants must continue to be made as specified in the rental agreement within five days of the due date, even during the transition period to the new rate. Best practice is to document all communications regarding rent increases in writing and maintain records of notices sent.

Frequently Asked Questions

Property managers in Virginia must navigate specific legal requirements, tenant rights issues, and regulatory compliance matters. Here are answers to common questions about property management in the Commonwealth.

What are the necessary qualifications for someone to become a property manager in Virginia?

In Virginia, property management is classified as a real estate activity under state licensing laws. Property managers must hold a valid real estate license to legally perform most management duties.

To obtain this license, applicants must complete 60 hours of pre-licensing education, pass the state exam, and find a sponsoring broker. Virginia real estate licensing requirements are strictly enforced by the Real Estate Board.

Continuing education is also mandatory for license renewal every two years.

How can a tenant legally withhold rent in Virginia due to maintenance issues?

Tenants cannot simply stop paying rent when maintenance issues arise. They must follow a specific process to legally withhold payment.

First, the tenant must provide written notice of the issue to the landlord and allow a reasonable time for repairs. If the landlord fails to address the problem, the tenant can file a Tenant's Assertion in court.

The court may allow rent to be paid into an escrow account until the dispute is resolved. Improper withholding of rent can lead to eviction proceedings against the tenant.

What specific dwellings are exempt from the Virginia Residential Landlord and Tenant Act?

Single-family residences where the landlord owns and rents fewer than ten properties are exempt from many VRLTA provisions. However, these properties remain subject to other Virginia property management regulations.

College dormitories and public housing units have their own regulatory frameworks.

Religious organization housing, when provided as part of their religious service, is generally exempt.

Vacation or seasonal rentals of less than 30 days are not covered by the VRLTA.

What is the required notice period for a tenant to vacate a property under Virginia rental laws?

For month-to-month tenancies, tenants must provide at least 30 days' written notice before vacating.

For fixed-term leases, notice requirements are typically specified in the lease agreement. Without specific lease terms, tenants must notify landlords at least 30 days before the lease ends.

Early termination of a fixed-term lease typically requires payment of a fee or continued rent payments until a replacement tenant is found, unless the lease provides other options.

What steps should be taken to file a complaint against a property management company in Virginia?

Start by attempting to resolve the issue directly with the management company through written communication.

If unsuccessful, file a formal complaint with the Virginia Real Estate Board through the Department of Professional and Occupational Regulation.

Include all relevant documentation such as contracts, communications, and evidence of violations. The Board may investigate and impose penalties for confirmed violations of property management laws.

In what ways does Virginia regulate property management companies to ensure compliance with state laws?

The Virginia Real Estate Board conducts periodic audits of property management companies' financial records to ensure proper handling of client funds.

Companies must maintain separate escrow accounts for security deposits and operating funds. Mishandling of these funds can result in license suspension or revocation.

The Department of Professional and Occupational Regulation investigates complaints and can issue fines or other penalties for violations of fair housing laws and rental regulations.

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