Fees, Deposits, and Rent: What Can My Landlord Charge?

Beyond monthly rent, there are rules about what a landlord can and cannot charge you. Some fees are capped by law. Others are only allowed if they are listed in your lease.

Here is a breakdown of the most common charges and what the rules are for each.

Application fees

The landlord can charge a nonrefundable application fee. It should not be more than $50 for administrative costs.

They can also charge you for the actual cost of a background check done by a third-party company.

The landlord can also require a refundable application deposit. If they deny your application or you decide not to rent the unit, they must return it to you. They can subtract any costs they had to pay to process your application, but they must give back the rest.

Security deposits

Your landlord can charge a security deposit, but it cannot be more than two months' rent.

You cannot apply your deposit to unpaid rent or your last month's rent unless your landlord agrees to that in writing. Even while holding your deposit, your landlord can still sue you for unpaid rent.

Your landlord can give you the option to buy damage insurance instead of paying a security deposit, but they cannot require it.

Rent and late fees

Rent is due in equal monthly payments unless your lease says something different.

If you pay late, your landlord can charge a late fee, but only if the lease says so. The late fee cannot be more than 10% of your monthly rent or 10% of the unpaid amount, whichever is less. 

• For example, if your rent is $1000 a month and you pay $800 on time, the late fee can only be $20, which is 10% of the $200 that is late.
• Or if you haven’t paid for two months, the late fee can’t be more than $100, which is 10% of the monthly rent.

If a government voucher pays part of your rent each month, the late fee is calculated based only on your share of the rent, not the full amount.

Can my landlord charge me to pay rent online?

If the landlord offers you another option to pay your rent without a fee, like check or money order, they can charge a convenience fee for online payment. If online is the only way to pay, they cannot charge a fee.

Renter's insurance

Your landlord can require you to carry renter's insurance. If they do, it will be listed in your lease.

Other fees

Your landlord can charge other fees, but only if they are listed in the lease you signed. Monthly fees must be listed in the written lease, starting on the first page of the lease, or listed in a later addendum to the lease.

Your right to receipts

If you pay rent in cash or by money order, you can ask for a written receipt and your landlord must give it to you.

You can also ask for a written statement of all charges and payments over the past 12 months and they must give it to you.

What if I live in public housing?

If you live in public housing, the housing authority cannot charge you fees for maintenance or repairs, unless you caused the damage.

Where can I find emergency rental assistance?

Unfortunately, many people have trouble paying their rent if an emergency hits them. If you need short-term help paying your rent, dial 211 on your phone or visit the 211 Virginia website to find out where you might be able to get help in your area.