A Virginia rental application is essential for landlords seeking to rent their property.
Laws
- Application Fee – Non-refundable (refundable application deposit may be charged)
- Fee Limits – $50 (not including expenses paid by the landlord for background checks etc.)
- Security Deposit – § 55.1-1226(A) – A maximum of two months’ rent can be charged as a security deposit.
State Laws
For Tenants
Under the Virginia Landlord and Tenant Act, renters and applicants need to know the following information regarding deposits and fees [1] :
- Application Fee: As per § 55.1-1203, property owners can ask for a fee that cannot exceed $50, excluding any out-of-pocket expenses paid by the landlord to a third party for background or credit checks on the applicant. If the property is public housing or other housing regulated by the Department of Housing and Urban Development, the fee cannot be more than $32.
- Additional Deposit: A property owner can request a refundable deposit and a non-refundable fee. This deposit must be returned to the applicant within 10 to 20 days if the application is rejected or the applicant fails to rent the unit.
- Security and Pet Deposit: The property owner can request a security deposit if an application is approved. The property owner can request a security deposit if the application is approved. It cannot be over two months’ rent. There are no laws governing pet deposits in Virginia.
For Landlords
Landlords and property owners should be aware of some exceptions to the rules above. They include:
- Age: Landlords can ask about the applicant’s age if they own property in an age-specific community [2] .
- Family Status: Landlords can ask about children if the landlord will be living in any dwelling units they are renting out.
- Religious Status: As per 42 US Code § 3607, if a religious group owns and regulates the property, they can ask about the applicant’s religious beliefs.
Sex Offender Registry – you can access the State Sex Offender Registry to be aware of any registered sex offenders applying as tenants.
Sample
