Can a tenant withhold rent for any reason?
There is no acceptable reason to withhold a rent payment.
• If the tenant withholds rent, the landlord can file a
court action to evict the tenant for non-payment of
rent and seek to regain possession of the rental.
• If a tenant is dealing with a landlord who is in breach
of the lease or other laws, contact the Consumer
Affairs Branch to discuss options such as paying rent
in an escrow account to the Fairfax County General
District Court or voluntary mediation.
What is an eviction?
An eviction is the court action used by a landlord to
remove a tenant from a rental unit. This process allows a
landlord to receive a court judgment directing the tenant to
leave the property and pay all rent, damages, and court
costs.
• Virginia law does not allow landlords to lock out
tenants, remove their belongings, or cut off the
tenants’ access to essential services, such as heat,
water, gas, or electricity without going through
legal proceedings.
A landlord can file a “Summons for Unlawful Detainer” in
the Fairfax County General District Court to begin the
eviction process to take possession of the dwelling unit for
non-payment of rent or lease violations. Eviction
procedures are outlined by the Fairfax County Sheriff’s
Office at https://www.fairfaxcounty.gov/sheriff/eviction-
process.
What should a tenant or landlord do when there is a
dispute or problem?
Tenants and landlords should discuss all concerns and try
to work out the problem. If this doesn’t resolve the issue,
contact the Consumer Affairs Branch to find out if
mediation will work for you. If the dispute cannot be
resolved through voluntary mediation, another option is
voluntary arbitration, which is offered by the Fairfax
County Tenant-Landlord Commission.
The Fairfax County Tenant-Landlord Commission
The Commission is composed of ten members appointed
by the Fairfax County Board of Supervisors. The
Commission provides information to the public about
tenant-landlord rights and responsibilities, recommends
changes to tenant-landlord laws, represents the County’s
interest before legislative, public and private bodies, and
arbitrates tenant-landlord disputes.
• The Tenant-Landlord Commission meets the second
Thursday in February, April, June, August, October
and December at the Fairfax County Government
Center, 12000 Government Center Parkway, Fairfax,
Va. Meetings are open to the public and time is
available for public comments. To attend a meeting,
call Consumer Affairs at 703-222-8435, TTY 711.
Commissioners
Public Members: Eric Fielding-Chairman
Vincent J. Fusaro, CFE
Landlord Members: Karen M. Geier-Smith
Paula Park-Vice Chair
Tenant Members: Amy Purnell-Vice Chair
Jade Harberg-Secretary
Joseph M. Mondoro, Chief Financial Officer
Michael S. Liberman, Director, DCCS
Rebecca L. Makely, Director, CSD
Susan C. Jones, Branch Chief, Consumer Affairs
Vee F. Johnson, Staff Liaison
A Fairfax County, Va., Publication
Current as of May 2020
Tenants and landlords need to know their rights and
responsibilities under Virginia and Fairfax County laws.
The Consumer Affairs Branch and the Tenant-Landlord
Commission offer this information to help you understand
what you need to know to have a successful rental
relationship. This brochure answers many of the questions
frequently asked about tenant-landlord situations. If the
information you need is not in this brochure, call the
Consumer Affairs Branch at 703-222-8435, or visit
www.fairfaxcounty.gov/cableconsumer/csd/tenant-landlord
for more information.
What is the Virginia Residential Landlord and Tenant
Act (VRLTA)?
The VRLTA is the state law that governs rental agreements
between tenants and landlords in all jurisdictions throughout
Virginia. The VRLTA applies to occupancy in all single-
family and multifamily dwelling units as well as public
housing units that are subject to this chapter. A single-
family residence and a multi-family unit is defined in
§ 55.1-1200 of the Code of Virginia as follows:
• Multi-family Dwelling Unit - more than one single-
family dwelling unit located in a building.
• Single-family Residence - a structure, other than a
multifamily residential structure maintained and used
as a single dwelling unit, condominium unit, or any
other dwelling unit that has direct access to a street or
thoroughfare and does not share heating facilities, hot
water equipment, or any other essential facility or
essential service with any other dwelling unit.
What Tenants and
Landlords
Need to Know
This document is available in an alternative format upon request.
703-222-8435, TTY 711
Why is a lease agreement important?
A lease agreement is important because it specifies the time
period a landlord will allow a tenant to use a dwelling unit in
return for payment of a set rent amount. The lease agreement
outlines the terms and conditions that apply during the rental.
The tenant and landlord should agree with all the terms
before the landlord accepts rent money, and the tenant takes
possession of the dwelling.
• Landlords in Virginia must offer tenants a written lease
agreement. This is required by the Virginia Residential
Landlord and Tenant Act, § 55.1-1204.
• During the tenancy, get all agreements or promises
related to the lease in writing. It may be difficult to
enforce a verbal promise or agreement if there is a
problem or conflict during or after the rental.
What should a tenant do prior to renting?
Since this is where you will be living, tenants should be sure
the neighborhood fits their lifestyle and offers the features
they need for comfort and convenience.
• Inspect the unit you will be renting before you pay a
deposit or sign the lease agreement.
• If you are unable to see the dwelling, ask about the age
and condition of the unit as well as what appliances,
fixtures, and amenities will be provided.
• Ask for and read the lease agreement completely. Get
answers to all of your questions before signing the lease.
How much rent can a landlord charge, and how much
can a landlord raise the rent?
Virginia law does not place any restrictions or caps on how
much a landlord can charge for rent or how much a landlord
may raise rent. Most landlords determine rent based on the
current market rate.
• The landlord may not increase the rental rate until the
end of the lease term.
• If a landlord wishes to raise the rental rate when the lease
ends, they must provide written notice to the tenant
according to the terms of the agreement. Usually, notice
is required 30 days before the next time rent is due.
What is a security deposit?
A security deposit is money required by the landlord to
cover the cost of any damage caused by the tenant, or
charges owed due to a breach of the lease agreement.
• A landlord may use the security deposit for unclean
conditions, broken appliances, utilities, or unpaid rent
owed by the tenant after the rental unit is vacated.
• A security deposit is not a rental payment. The tenant
should follow the terms of the lease throughout the
rental to make sure the deposit will be returned after
they move out of the dwelling.
• The landlord may provide, and the tenant should
complete a move-in inspection report. This report
should document all conditions in the rental at the
beginning of the tenancy and be signed by both the
tenant and landlord. Use this report at the end of the
tenancy to compare conditions so a tenant will not be
charged for issues or problems that existed when they
moved in.
• The landlord must inspect the unit within 72 hours
after the tenant leaves. If the tenant requests in writing
to be present at the inspection, the landlord must
inform the tenant of a reasonable date and time for the
inspection. This inspection gives the tenant and
landlord the opportunity to view the dwelling together
using the move-in inspection report to work out any
problems that might affect the return of the tenant’s
deposit.
• The security deposit is the tenant's money throughout
the tenancy. If the tenant does not owe any rent and
leaves the unit in generally the same condition as
when they moved in, the landlord should refund the
deposit.
• The landlord must refund the tenant’s deposit minus
deductions for any damages or breach of the lease
agreement within 45 days after the tenant moves out.
• If there are damages, the landlord must provide an
itemized list of any deductions and have
documentation to support the actual cost the landlord
pays for repairs, damages, or other expenses.
• Review § 55.1-1226 of the VRLTA for more details.
What happens if a tenant breaks a lease?
A lease agreement is a binding contract.
• When a lease is broken or terminated early, the
landlord may charge the tenant for cleaning, repairs,
redecorating, rental advertising costs, reasonable
attorney fees, and rent for the remainder of the lease
term or until a new rental starts.
• If rent is not paid and/or the unit is damaged, the
landlord can take court action against the tenant.
Both the tenant and the landlord have a legal obligation to
complete the term of a lease agreement.
What about maintenance responsibilities?
The tenant is responsible for keeping the dwelling unit
clean and safe. The tenant is also responsible for repairing
or paying for damage caused by the tenant, other occupants
living in the rental unit, or guests.
• The tenant should inform the landlord immediately
when repairs or maintenance is needed. Contact the
landlord and follow up in writing.
• If a tenant is not successful in getting the landlord to
provide needed repairs or maintenance, review the
Tenant Resource Sheet to find out which County
agency to call for assistance.
It is the landlord's responsibility to maintain the rental. The
landlord must make sure essential services such as hot and
cold running water, and heat are available, and that all
appliances provided in the dwelling, such as mechanical,
electrical, and plumbing facilities, are in proper working
condition. More obligations to maintain a fit rental are
outlined in § 55.1-1220 of the VRLTA.
• The landlord should let the tenant know when repairs
will be performed, and promptly correct problems.
Both the tenant and landlord must comply with the
requirements of all health, housing and building codes, as
well as quality of life issues for cleanliness and safety.
