A Virginia rental application is essential for landlords seeking to rent their property. It lets them assess potential tenants before finalizing a lease, helping them collect applicant details like their personal and employment information. The application ensures that a prospective tenant is reliable and meets the criteria necessary for renting an available unit.
Laws
- Application Fee – The application fee is non-refundable, but the landlord can also charge a refundable application deposit.
- Fee Limits – $50 (not including expenses paid by the landlord for background checks, etc.)
- Security Deposit – A maximum of two months’ rent can be charged as a security deposit.
Application Fee
- Limit: Property owners can ask for an application 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. [1]
- Additional Deposit: A property owner can request an additional refundable deposit. This deposit must be returned to the applicant within 10 to 20 days (depending on the payment method) if the application is rejected or the applicant fails to rent the unit. [1]
Fair Housing Protections
- Discrimination in Renting: A landlord cannot refuse to rent or negotiate the terms of a rental based on a tenant’s color, race, religion, sex, elderliness, familial status, or national origin. [2]
- Advertising Rentals: Furthermore, they can’t advertise or print any materials relating to a rental that indicate a preference, limitation, or discrimination based on all the aforementioned factors plus disability. [2]
- Unavailability of a Unit: A landlord can’t lie about the availability of a unit because of any of the above factors, including a tenant’s disability. [2]
Security Deposit Limits
- Security Deposit: The property owner can request a security deposit if the application is approved. It cannot be over two months’ rent. [3]
- Handling: A landlord has no obligation to put a tenant’s security deposit in an interest-bearing account unless the lease states otherwise.
- Return: A landlord must give the tenant’s deposit back within 45 days of the tenant moving out. [3]
- The landlord must notify the tenant of any deductions from the deposit within 30 days of the deduction’s determination. They should also itemize the reasons. [4]
Pet Deposits
There are no laws governing pet deposits in Virginia.
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