Renter’s Rights and Avoiding Eviction

If you are renting, it is important to be aware of the Virginia laws that govern tenants’ and landlords’ rights and responsibilities. The resources linked below offer helpful information about tenant and landlord rights, lease agreements, requesting repairs, and avoiding eviction.

Landlord Responsibility to Make Repairs

Under the Virginia Residential Landlord Tenant Act, landlords are required to make repairs in a timely manner. If you are having trouble getting your landlord to make needed repairs, the link below provides an online tool to assist you in completing a tenant’s assertion to be filed with the court.

If the landlord or property owner fails to comply with your request, you should contact legal aid or an attorney for additional assistance.

Challenges Paying Rent

The landlord may evict you for non-payment of rent but there is a procedure landlords must follow before they can legally put a tenant out. If you are concerned about facing eviction, first talk to your landlord and learn what your options are. If your landlord has initiated the eviction process landlord, you should consult legal counsel as soon as possible.

Eviction Process

This is general information, not legal advice about a specific case. If you have questions or want advice about your case, please contact legal aid (1-866-LEGL-AID) or get advice from the Eviction Legal Helpline (1-833-NoEvict).

If you are a tenant, your landlord must follow the legal eviction process outlined below. Under Virginia law, tenants have certain rights when they move in, while they are renting, and before they can be evicted. You are a tenant if you:

  • Pay regular amounts of rent during regular time periods, such as once a month or once a week.
  • Have a written lease for a period of more than 90 days.
  • Have lived in a hotel or motel for more than 90 days even without a lease.

Tenants and landlords have legal protections under the Virginia Residential Landlord and Tenant Act (VRLTA). The VRLTA applies to most residential rental properties in Virginia. Always appear in court unless the landlord cancels the summons in writing. You will likely lose your case if you do not go to court on the date on the unlawful detainer. You are not required to have an attorney, but the landlord will almost always have an attorney in court. Please contact the Central Virginia Legal Aid Society to determine if you are eligible for its services.