by Caitlyn M. Bender, McCandlish Lillard, PC
As of July 1, 2026, Virginia landlords who are subject to the Virginia Residential Landlord Tenant Act (“VRLTA”) must be aware of several significant changes to the VRTLA that will impact Pay or Quit notices, payment procedures, military tenants, and defensive actions taken by tenants.
Extended “Pay or Quit” Notice Period
Senate Bill (SB) 48 and House Bill (HB) 15, which are identical, amend the “pay or quit” notice requirement for a tenant’s failure to pay rent. While the previous requirement was five days, these bills change the waiting period to 14 days. This “pay or quit” notice is mandatory, and the notice must be sent and the time period must have expired prior to the filing of an Unlawful Detainer action. This is likely to cause significant delays in the eviction process.
Military Tenants Notice Requirement
The next significant change will affect landlords with large military populations. House Bill 174 amends Virginia Code § 55.1-1235: it removes the requirement that military personnel terminate their rental agreement no more than 60 days prior to the date of the departure. The tenant is still required to provide a copy of the orders, and the termination date must not be less than thirty days after first date the next rental payment is due after the notice is given. In essence, the requirement allows tenants to give notice in excess of 60 days, but still requires the notice to be given at least thirty days prior to the termination date.
Requirements Affecting Rent Payments and Payment Processing Fees
Another important change modifies §§ 55.1-1204 and 1208. This change requires landlords to accept rent and security deposits by check and money order. Furthermore, it prohibits landlords from requiring any tenant to pay any fee for rent or other amounts due in excess of the actual out of pocket expenses charged to the landlord by a third party in order to process the payment. Last, but not least, the amended code sections prohibit landlords from requiring a tenant to pay any fee for the maintenance or repair of any dwelling unit, unless the repair is needed due to the tenant’s violation of the VRTLA.
Expansion of the use of Tenant Assertions
Finally, there was a significant change to Tenants Assertion. Pursuant to HB 281, the provision requiring that a tenant in possession of a dwelling unit pay into the court the amount of rent found by the court to be due and unpaid prior to asserting a defense against an action for rent or possession was removed. This will likely increase the use of Tenant Assertions. Please note, this change will not go into effect until January 1, 2027.
Statement of Tenants Rights and Responsibilities
As a general reminder, pursuant to § 55.1-1204, the landlord shall provide with the lease the statement of tenants rights and responsibilities developed by the Commonwealth’s Department of Housing and Community Development. As of the time of publication, this has not been updated, but we do expect that it will be updated to incorporate some or all of the above changes, and landlords should provide an up-to-date copy to all current and incoming tenants.
It is important to stay informed of the ever-evolving VRLTA, and adjust lease agreements and eviction processes, as necessary.
If you have any questions, or if McCandlish Lillard can assist you with a landlord/tenant issue, please contact Caitlyn M. Bender at [email protected] or 703-934-1167 to discuss.
