How well do you stay up to date on rental laws in Arlington, in Virginia, and even at the federal level?
It’s a lot to keep up with, and we don’t blame you if you’re feeling like you’re not always sure about what’s allowed, what’s prohibited, and what’s required.
As
Arlington property management experts, it’s our job to know what the laws are and when they change. This is how we protect you from liability and potential legal problems. We’re serious about compliance.
Here’s what you need to know about Arlington rental law changes in 2025, if you’re just catching up.
In Virginia, the maximum amount landlords and
rental property owners can collect in screening fees is $50. This is not necessarily a new law, but it’s good to remember you cannot charge any more than that. Disclose to your applicants up front that this screening fee is non-refundable, meaning they won’t get the money back if they’re denied from renting your property.
New laws require
rental property owners to provide applicants with a copy of their credit report within seven days of receiving it. You’re required to do this even if your applicant does not request it.
Under HB 967, residential
landlords in Arlington and throughout Virginia are now required to provide descriptions of any rent and fees to be charged on the first page of the written lease. This has to be clearly stated early in the lease document, and it has to be a comprehensive list of the money you’ll be collecting from tenants. This will be anything that you’re collecting in addition to the monthly rent. Maybe it’s a pet fee or a fee for utilities or trash. If you’re collecting an amenity fee in a multifamily building, make sure it’s stated early in the lease agreement.
In addition to disclosing this fee, you need to add specific language to the lease agreement. Above the list of fees, the lease must state that no fee can be collected unless it is listed on the lease or incorporated later by a separate addendum after the execution of the rental agreement.
It’s time to change your lease. If you need help incorporating this new language into your lease document, we can provide the necessary support.
Laws Around Eviction and Lease Terminations
Virginia passed a handful of housing laws that impact eviction and lease terminations in 2024. They’re already in effect, so make sure you’re compliant. Here’s what you need to know:
HB 73 is a law that requires Virginia courts to automatically expunge eviction records for cases that have been dismissed after 30 days. This may impact your tenant screening as it relates to searching for eviction histories. If you file for an eviction and the case is dismissed, that filing will not show up on the tenant’s record.
HB 86 requires landlords to notify tenants when there’s an increase in money that’s requested or due during an eviction case. If the eviction continues on and another month of rent isn’t paid, for example, you’ll have to let your tenants know that the amount owed in the eviction case has gone up.
Thanks to HB 764, victims of domestic violence or sexual abuse have the right to terminate a lease agreement early if they’re in danger from their abuser. They’ll need a permanent protective order and evidence that moving residences is necessary for their safety.
There were two bills: HB 477 and SB 50 passed in 2024 that extend Virginia’s eviction diversion pilot program for another year.
Eviction is always a tricky thing to navigate, and so are lease terminations, whether you as the owner are terminating the lease agreement or your tenant has expressed a desire to do so. Don’t head to eviction court without first understanding the full extent of the law. Specific timelines are in place, and you’ll have to serve notices and provide evidence. We always recommend that you talk to a
property manager (like us) or an experienced eviction attorney before filing for an eviction in court.
Lease terminations, whether agreed upon or disputed, are also likely to get complicated. Make sure that you follow the lease agreement when you or your tenant intend to terminate that lease.
Virginia has an implied warranty of habitability when it comes to rental properties, and that puts the landlords in our state on notice that they’re required to
maintain their properties in a way that is
safe and habitable. A lot of this is common sense. You have to provide access to hot water, for example, and heat in the winter.
Recent laws have increased fines that owners can be subjected to if they violate habitability standards or building codes. Specifically, HB 368 and SB 538 are on the books, and in 2025 maximum fines are increased, particularly for repeat offenders. These laws increase the maximum fine that localities can impose on repeated violations of the Uniform Statewide Building Code.
Owners will also want to be aware of HB 368 and SB 195, which establish an advisory group to explore changes to Virginia’s Uniform Statewide Building Code. The specific concerns of this advisory group will be around exits and stairways. The team will look at permitting the use of single-exit stairways in multi-family residential buildings that are under six stories tall.
New laws are now in effect around housing vouchers and community funding.
Let’s start with HB 1203. It will increase the tax credits that are available to Arlington landlords who rent to Housing Choice Voucher holders. There is also an earmark for use in rural regions of Virginia, but that’s unlikely to affect most of the owners we work with. When you rent to people who receive housing vouchers (such as Section 8), you’ll be able to access higher tax credits, which can have a
positive impact on your ROI.
Two bills will direct more attention and potentially more funding to revitalizing and renewing neighborhoods in need. HB 478 and SB 49 will allow localities to set up Community Revitalization Funds in order to serve high-need neighborhoods. Funds can be used to prevent neighborhood deterioration. They can be spent on revamping ruined buildings and structures for continued use.
Finally, SB 489 was passed to establish a workgroup that can analyze the possibility and options for creating a Virginia Residential Development Infrastructure fund.
Rent control does not exist in Virginia. However, a bill to allow local cities and counties to limit rent increases was passed by the Virginia House of Delegates in February of 2024. That bill was eventually pushed to the 2025 legislative session. We will be watching to see what, if anything, is done with that potential legislation. The bill would have:
Stay tuned as the legislative session gets underway and we’ll let you know if there’s any movement on this issue.
These new laws are pretty nuanced, and you’ll find that they either have a big impact on how you rent out homes or a minimal impact at all.
Let’s not forget the laws that always matter, and in big ways. You cannot effectively rent out a property in Arlington without being fully aware of fair housing laws, security deposit laws, and lease disclosures.
Virginia state law prohibits you from collecting more than the equivalent of two months’ rent as a security deposit. Landlords must return the
security deposit within 45 days of the tenant moving out. Deductions can be made for tenant damage that exceeds wear and tear, unpaid rent or utility bills, vacancy caused by a lease break, and trash removal and cleaning. If the tenant isn’t receiving a full deposit refund, send back the amount that they are entitled to, and then also include an itemized list of what you’ve deducted and why.
The federal Fair Housing Act prevents you from discriminating against tenants or applicants based on:
These are considered “protected classes,” and you need to be aware of the potentially discriminatory language that’s often used as well as practices that are inconsistent or unfair. The state fair housing laws go a bit further when it comes to who is protected. In addition to all of the federal protected classes, Virginia also makes it illegal to discriminate against tenants or applicants based on elderliness, source of funds, sexual orientation, gender identity, or military status.
Make sure your lease agreement discloses any mold, lead paint, or plans for renovations and demolitions. Landlords also must let their tenants know if you sell the property during the tenancy. You’ll be required to let your tenants know who the new owners are.
These are the highlights of new and existing rental laws in Arlington. There are some good ways to remain compliant, and we’d be happy to discuss those with you. Please contact us at Arlington Realty Property Management.
