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What is the Virginia Residential Landlord and Tenant Act?
by: Virginia Poverty Law Center
Q.	What is the Virginia Residential Landlord and Tenant Act?

A.	In Virginia, landlord and tenant cases are either covered by the Virginia Residential Landlord and Tenant Act (VRLTA) or the Landlord Tenant Act (Non-Act). Rentals of many lots in mobile home parks are covered by the Manufactured Home Lot Rental Act (MHLRA) and those laws are covered under the Manufactured Homes sections of this website.

Q.	Who does the VRLTA apply to?

A.	The VRLTA applies to tenants who have leased property as their residence after July 1, 1974, unless an exemption applies. Rental of most apartments will be covered by the VRLTA. The number of single-family residences that the landlord rents will usually determine whether the landlord is covered for single-family residences. There are some other exemptions to the VRLTA. It does not matter whether you have a written or an oral lease for determining whether the VRLTA applies.

Q.	How many single-family residences does a landlord have to rent to be covered by the VRLTA?

A.	If you live in a City and your landlord rents more than 4 single-family residences, he will generally be covered. If you live in a County, the landlord must rent more than 10 single-family residences to be covered by the VRLTA.

Q.	What if my rental is not a single-family residence?

A.	If you rent in an apartment complex, the landlord usually will be covered by the VRLTA. Duplexes may or may not be covered by the VRLTA, depending on whether you share heating or other utilities with other tenants, and some other facts.

Q.	Are motels, hotels and boarding houses covered?

A.	Only if you have rented a room in the motel, hotel or boarding house for more than 30 days in a row.

Q.	Are there any other exemptions?

A.	There are some other exemptions and you should talk with a lawyer or look at Section 55-248.5 of the Virginia Code to see whether another exemption applies or whether you are covered by the VRLTA.

Q.	What about public and subsidized housing units?

A.	If the landlord otherwise would be covered, the VRLTA applies, unless a VRLTA provision is inconsistent with the federal law. Tenants in subsidized housing have additional rights and obligations under federal law to those under the VRLTA.

Q.	Why does it matter if my landlord is covered by the VRLTA?

A.	Many of the laws are the same for both VRLTA and Non-Act tenancies. For example, in either case, a landlord must go to court to evict a tenant. However, there are certain rights and protections that apply to VRLTA tenancies but do not apply to Non-Act tenancies. For example, the right to escrow (pay) rent to the court in order to get the landlord to make repairs is an option under the VRLTA, but not under a Non-Act tenancy. In the following Q&A's, you may find references to the VRLTA and Non-Act.


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	Last Reviewed On: 09/25/08

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