Virginia Tenant Guide
- Adam Garrett
- Apr 6, 2024
- 12 min read
Updated: Jul 22
Here's a list of articles pertinent to the home-renting process, categorized in typical sequential order. While most elements are pertinent throughout the United States, some elements are geared specifically toward SE VA where I'm a real estate agent. Any reference to DHCD 2020 writing on law is specific to Virginia. Also, I integrate many articles geared toward buyers that are also highly pertinent to tenants.
Prior to Your Decision to Rent
Financial Information Beneficial for Renting or Purchasing:
Avoiding Payment Shock (if your monthly costs will be going up)
If looking for a non-profit financial counselor, select "Managing or Budgeting Your Finances" on HUD's Housing Counselor Finder page.
Financial Information Beneficial for Renting:
Financial Information Beneficial for Renting with the Plan to Purchase Eventually in SE VA:
While the above are freely available for those planning to purchase in SE VA with Adam, even if not planning on purchasing, all of the above are also available for Adam's tenant assistance fees.
Financial Information Beneficial for Purchasing:
More Helpful Renter Information:
Free Renter Education Handbook (PDF) from VHDA
Consider a Solo Approach, Using a Housing Counselor, &/or Using an Agent
I integrate many articles geared toward buyers that are also highly pertinent to tenants.
If looking for a non-profit rental counselor, select "Rental Housing Services" or "Homeless Services" on HUD's Housing Counselor Finder page.
Do Tenants Need Their Own Agent?
Professional representation is much more important for buyers purchasing homes than it is for tenants in the SE VA market. While many tenants opt for a DIY approach, if tenant assistance is a stepping stone to a purchase, or if you plan to be in a home more than 1 year, this decision becomes more important than it would be otherwise when choosing someone for tenant assistance, especially if they're also a buyer's agent.
If not hiring an agent, be sure to spend more time than most on education, i.e.:
Virginia Residential Landlord and Tenant Act
Virginia Landlord Tenant Handbook
Choosing an Agent:
What to Look for in a Buyer's Agent for Your Home or Other Real Estate (
Seemingly Harmless Questions With Major Consequences if Answered Directly
If in SE VA, consider Adam to be Your Agent:
Beware of Scammers
Especially if not using an agent, and looking online, and in some cases in person, there are a number of scammers out there who would wish to defraud you of any funds or resources that you have and don't care about how much pain it causes you and your family. It's such a big problem that I have web pages (1, 2) about those that frequently seek to scam me specifically targeting my form of business.
Don't make a deposit without visiting the property. Be wary, especially of private parties not represented by a local agent you can look up online to verify their contact info matches. Don't sign things that you don't understand. If you find out that you have signed something that you didn't understand, there are ways, in some cases, to pursue people in court to refund you of those funds. Keep in mind that I am not an attorney, that I thereby cannot provide "legal advice", and that an attorney is best consulted on the subject.
For more details on navigating rental scams, go to a 3rd party page on the subject here.
Specific Types of Rental Scenarios
MyHousingSearch.com: Lowest Price Rental Search in 30+ States for Low Income, Section 8, Disabled, 50+, Homeless, & Veterans
if brand new in the country, without prior extensive time here, I generally advise renting over purchasing initially, even if you plan to purchase in cash and have those funds available
Area Considerations
Initial Tenant Consultation & Creating Searches
See "Specific Types of Rental Scenarios" above for niche scenarios like short-term rentals, low-credit rentals, & more.
Initial Tenant Consultation w/ Adam Garrett: 3rd Generation Realtor®
Why In-Person or Virtual Face-to-Face & Screen Share Search Set-Up Meetings Are Best
Unlike a home buyer, with a tenant, MLS has a higher probability of not being the best search for you unless home search portals aren't able to do a targeted search you are looking for that MLS is capable of. An example would be a search that eliminates most properties in hurricane evacuation zones since I have a template for that in MLS.
Starting Showings
Virtual Showings vs Showings In Person if You're Out of Town
Home-Specific Issues to be Aware Of
1. House Issues by Year for Tenants (pay particular attention to insulation levels, plumbing, electrical, water heater, HVAC, etc.). It's ideal to have a ladder and accessibility to scuttle access attics, which most agents won't have, but that Adam has, to check some of these issues when present in the attic.
Lease Applications & Agreements
Rent Spree Guide to Lease Applications (primarily geared toward owners, but helpful for tenants as well)
Written Lease Requirement
Security Deposit
Per DHCD here, "A landlord may require a security deposit of up to two monthʼs rent. Within five days of move in the tenant has a right to object to anything in the move-in report. The tenant also has a right to be present at a move-out inspection, which must be made within 72 hours of delivery of possession. (§§55.1-1214, 1226)"
Insurance
Per DHCD here, "A tenant may be required to have and pay for renterʼs insurance. A tenant also may be required to have and pay for damage insurance and/or a security deposit, but the total of both the damage insurance premiums and the security deposit may not exceed two monthsʼ rent. (§§55.1-1206, 1208)"
Lease Application Cost: No More than $50, w Exclusions
Per DHCD here, "Tenants may be charged a nonrefundable application fee of no more than $50 (not including third party costs for a background check) and a refundable application deposit. If the tenant does not rent the unit, the application deposit must be returned, minus any actual costs or damages. (§55.1-1203)"
Consider a Home Inspection After Lease Application Accepted
While often neglected, especially with longer leases or where you intend to be in the property for more than 1 year, it's a good idea to get a home inspector to inspect the property. You'll need to get the owner to agree, but this inspection can be done typically after the lease application comes back positively, though it's also possible to have it inspected before that happens, especially if you believe that the property will go fast.
Is a Lease Application Binding? Typically No What do I need to know about a rental agreement?
"Unlike a lease agreement, a rental application isn't legally binding. Even if you get approved, you can change your mind about living there."
See more at Rental Agreement 101 by Homes.com
Lease Offers Aren't Always the Lease Amount Requested
Many are unaware that the lease price requested isn't always the lease price paid, especially on single isolated units (including attached properties where the owner doesn't own all units) rather than an apartment. In some cases, the lease can be higher, and in others, it can be lower than what's requested. The lower the market time, the higher the probability of a lease going for above asking price. The higher the market time, the higher the probability of the opposite being true. If you already know that the lease has many applications but hasn't accepted any yet, you may want to up your price above asking price. While it's best to also check before submitting a lease application, if you've already submitted your application, you may want to periodically check in to see if many other applications have come in if you don't hear back within 24 business hours.
Importance of Expeditious Lease Applications
Like Expeditious Offers on homes for sale, expeditious lease applications are important as well.
What if My Lease Application is Rejected?
If so, 1st check to see why it was rejected. Then check alternative options available, and if unsatisfied with alternatives, consider changing something about your application to sweeten the deal for the owner. For instance, if you have a family and a few large dogs, and your family is about to be homeless, are the large dogs worth it? Additional options include a higher rent than requested and a larger than typical security deposit, i.e. 2 months rent.
Before Moving In
Walk Through Inspection (geared toward a purchase, but helpful for a lease as well; in the case of a lease, it's best to also take photos &/or video throughout the home & on the exterior of the home prior to moving in. If things are broken at the time of walk-through inspection, be sure to alert the property manager or owner promptly in writing. Per DHCD, "Within five days of move in the tenant has a right to object to anything in the move-in report." § 55.1-1214. Inspection of dwelling unit; report.
After Moving In
Rent Due Date
Per DHCD here, "Unless the lease says otherwise, rent is due in equal payments each month on or before the first of each month. (§55.1-1204)"
Late Fees
Per DHCD here, "If rent is not paid on time, the tenant must pay a late fee if the lease requires one. A late fee can be no more than 10% of the monthly rent, or 10% of the unpaid balance, whichever is less. (§55.1-1204(E))"
Receipts
Per DHCD here, "Upon request, a tenant is entitled to a written receipt of rent paid by cash or money order. Upon request, a tenant is entitled to a written statement of all charges and payments over the past 12 months. (§55.1-1204(D), (I))"
Tenant Responsibilities to Maintain Fit and Habitable Premises
Per DHCD, "The tenant must keep the rental unit as clean and safe as conditions allow and in accordance with the Uniform Statewide Building Code. The tenant must promptly notify the landlord of visible mold and use reasonable efforts to prevent moisture and mold. The tenant must promptly notify the landlord of insects or pests and must not be at fault in failing to prevent insects or pests. (§55.1-1227)"
Allow Landlord Access
Per DHCD, "A tenant must allow a landlord access to the unit at reasonable times and for practical purposes, such as maintenance, inspection, or to provide services. A tenant must allow access unless the landlordʼs request is unreasonable. Unless impractical due to an emergency, the landlord must give 24-hoursʼ notice of maintenance. If the tenant requests maintenance, notice is not required. (§55.1-1229)"
Eviction
Per DHCD here, "A landlord may not evict a tenant without following the court eviction process. The landlord first sends a written notice and next the landlord files an unlawful detainer lawsuit. The landlord must get a court order of possession, followed by a Writ of Eviction that is served by the Sheriff. (§§55.1-1245, 1252). A tenant not getting paid due to a federal shutdown of 14 or more days can get an eviction lawsuit for nonpayment of rent postponed for 60 days. (§44-209)"
Redemption (Pay & Stay)
Per DHCD here, "After an unlawful detainer lawsuit for nonpayment of rent is filed, a tenant has the right to pay to a zero balance on or before the court date and have the lawsuit dismissed. After a court issues a judgment of possession, a tenant has the right to pay to a zero balance up to two business days before the Sheriffʼs eviction and have the eviction cancelled. A tenant may use one of these rights only once in a 12-month period. (§55.1-1250)"
Landlord Responsibilities to Maintain Fit and Habitable Premises
Per DHCD here, "A tenant has the right to a fit and habitable rental unit in accordance with the Uniform Statewide Building Code. The landlord must make all repairs needed to keep premises fit and habitable. (§55.1-1220) To enforce the right to get repairs, a tenant must be current in rent, give the landlord written notice and wait a reasonable period. If repairs are not made, a tenant can file a Tenantʼs Assertion in General District Court.This must be filed no later than five days after rent is due. There is no rent withholding in Virginia, except under repair and deduct. (§55.1-1244)"
Tenant Right to Repair and Deduct
Per DHCD here, "If an issue on the property affects life, health, safety, or seriously affects habitability, and a landlord has not begun to address it within 14 days after written notice from the tenant, the tenant may contract to have the repair done by a licensed contractor at a cost of not more than $1,500, or one monthʼs rent, whichever is more. The tenant may deduct the actual cost of the repair from the rent. The tenant must send the landlord an itemized invoice and a receipt for payment to the contractor for the work, along with any payment of remaining rent owed. (§55.1-1244.1)"
Homeowner Resources (some information is also helpful for tenants)
Finances
Renting Out Rooms (ensure that sub-leasing is available prior to pursuing)
Repairs:
Life:
Utilities
Weather Related:
Moving Out
Per DHCD, "The tenant also has a right to be present at a move-out inspection, which must be made within 72 hours of delivery of possession. (§§55.1-1214, 1226)"
I highly suggest taking pictures or video once moved out & cleaned up before lease end date that can be compared to the pictures or video that you took before move in. If your landlord tries to go after you wrongfully regarding reparis that shouldn't be addressed by you, this information can be highly beneficial.
See also:
Related:
About the Author: Adam Garrett - 3rd Generation REALTOR®
Adam is the 3rd generation in a line of award-winning real estate agents serving SE VA. He has served full time at Garrett Realty Partners since May 2014 when he joined the marketing department before transitioning to full-time sales to assist buyers and sellers in February 2015. He believes that an educated buyer or seller makes the best decisions, & is dedicated to helping with that both digitally & on-site physically for buyers & sellers. He's also available for referrals to real estate agents around the globe. In several capacities, his resources & direct offerings for assisting sellers & assisting buyers are either unmatched or are top 1% for the SE VA area, and in some cases, nationwide. Not stopping after closing, he also provides information for tenants, landlords, & homeowners.
Related for Buyers:
Related for Sellers:
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