Your Rights and Duties in Your Rental

Once you move in, your home is yours to live in. Your landlord still owns the property, but there are strict rules about what they can and cannot do while you are renting it.

This page covers your day-to-day privacy rights, what notice your landlord must give you before making changes, and what they can never do regardless of the situation.

Can my landlord enter my home without asking?

Except in an emergency, your landlord must give you at least 72 hours' notice before entering your home. They can only come in at reasonable times.

If your landlord comes in to inspect or to show your home to potential tenants before you move out, you cannot refuse. If there are repairs, upgrades, or other activities that either are necessary or you agree to, your landlord can enter with your permission. But your landlord cannot abuse that right or use it to harass you.

If your landlord plans to use pesticides anywhere on the property, they must give you 48 hours' notice.

What is quiet enjoyment?

You have the right to quiet enjoyment of your home. That means your landlord or neighbors cannot unreasonably disturb or interfere with how you use your property. You get to live in your home without your landlord making your life difficult.

Does Virginia tenant law apply to my building?

If you pay rent to live in a room, apartment, or home in Virginia, the basic laws protecting tenants almost always apply to you. There are some exceptions. If you have lived in a motel for less than 91 days, live in a campground, in a healthcare or religious institution, or get housing provided as part of your job benefits, you may not have the same rights.

Can my landlord share my personal information?

Your landlord cannot share most personal information about you without your consent, except with government or safety officers. They can share any information if ordered by a court to do so. They can also share some information about your rent payments or notices they’ve given you, however, and there are a few other exceptions. Contact legal aid if you have questions about your situation.

Can my landlord raise my rent?

In general, your landlord can raise your rent any time your lease term is up, but not until then. If you have a month-to-month lease or a longer lease that will renew when it’s up, your landlord has to give you written notice at least 60 days before raising the rent when it renews, unless your landlord owns 4 or fewer rentals. 

Virginia law does not limit how much your landlord can raise rent when a lease is up.

Does my landlord have to tell me if they're not renewing my lease?

Read your lease carefully to find out what happens when the lease term ends. Some leases say they automatically renew unless the landlord or the tenant gives notice weeks or months beforehand they won’t renew. Some leases say they will not renew and you will need to move out or sign a new lease. Under Virginia law, if the lease doesn’t say anything about it and your landlord keeps accepting rent after the lease runs out, that means you now have a month-to-month lease.

Can my landlord shut off my utilities?

Without an order from the court, your landlord cannot change the locks, shut off your utilities, or remove your belongings to force you out.

Your landlord has to follow specific rules if they want to force you out. They must go to court and get a judge to issue the eviction order. Only the sheriff can physically evict you, and only after the court process is complete.

Read more: If Your Landlord Is Locking You Out or Shutting Off Utilities

What can I do to protect myself as a tenant?

Knowing your rights matters, but a few simple habits can make a big difference if a problem comes up later.

Pay rent on time and save proof that you paid.

Keep receipts, bank statements, or any other record showing you paid. If there is ever a dispute, this documentation can be important.

Report problems to your landlord in writing.

If your home needs repairs or has a pest problem, tell your landlord in writing. Keep a copy of what you sent. This protects you if your landlord later claims they were never notified, and it is also required before you can take legal action over repairs.

Read more: My Rental Needs Repairs: What Can I Do?

Do not allow illegal activity in your home. 

You are responsible for what happens in your unit. Illegal drug use or other criminal activity by you, your household, or your guests can put your tenancy at risk.