Virginia changed several parts of its Residential Landlord and Tenant Act in 2026. Some changes are already in effect, and more start in 2027. Here is what Northern Virginia rental owners need to know, and what to update now.
Quick summary
| Change | Effective | What it means for owners |
|---|---|---|
| Unpaid rent notice extended to 14 days | July 1, 2026 | Tenants get 14 days, not 5, to pay before you can end the lease and file |
| New rent payment and fee rules | July 1, 2026 | Accept checks and money orders and offer at least one free way to pay |
| Escrow no longer required for the tenant assertion defense | January 1, 2027 | Tenants can raise repair problems as a defense in court without paying rent into escrow first |
| 90-day notice of rent increases | July 1, 2027 | Covered landlords must give written notice of increases 90 days before the lease ends |
1. The unpaid rent notice is now 14 days (HB 15 / SB 48)
Since July 1, 2026, a landlord must give a tenant who hasn’t paid rent a written notice allowing 14 days to pay in full. Before, it was 5 days. Only after those 14 days can the landlord end the lease and file an unlawful detainer in General District Court.
The same 14-day period applies when a check or electronic payment is returned for insufficient funds, or when a tenant stops payment in bad faith. In that case, the tenant can fix it only with cash, a cashier’s check, a certified check or a completed electronic transfer.
What to do:
- Replace any notice form that still says 5 days. An outdated form can get an eviction case dismissed or delayed.
- Serve the notice as soon as rent is late. The 14 days start when the notice is served.
- Plan for longer timelines. Owners with thin cash reserves should budget for a possible extra two weeks without rent.
2. New rules for rent payments (HB 1005 / SB 313)
Also effective July 1, 2026:
- Checks and money orders: landlords must accept rent and security deposits by check and money order, not only online, and give a written receipt. You can’t require tenants to use a single online portal if that blocks paper payments.
- A fee-free option: you must offer at least one way to pay rent with no processing or convenience fee.
- Limited processing fees: any payment processing fee can’t be more than what you actually pay a third party.
What to do: review your lease and payment portal settings so tenants can pay by check or money order and have at least one free way to pay.
3. Tenants can raise repair problems in court more easily (HB 281)
Starting January 1, 2027, a tenant who is being sued for possession or unpaid rent will no longer have to pay the rent owed into court escrow before arguing, as a defense, that the landlord failed to make required repairs. The escrow requirement still applies when a tenant files their own case against a landlord.
What to do: handle repair requests promptly and keep written records, such as dates, photos, invoices and messages. Good records are your best protection if a tenant claims the home wasn’t kept in good condition.
4. 90 days’ notice for rent increases (HB 678)
Starting July 1, 2027, covered landlords must give tenants written notice of any rent increase at least 90 days before the current lease ends. The notice must also give the tenant a deadline, at least 30 days after they receive it, to say whether they will renew.
What to do: start renewal planning about four months before each lease ends, so you can set the new rent with current market data and still meet the deadline.
Let us handle compliance
Keeping up with Virginia’s changing laws is one of the biggest reasons owners hire a property manager. Stellar Gate Management updates our notices, leases, payment options and renewal timelines as the law changes, so you don’t have to.
Managing on your own? Read our DIY Landlord’s Guide to Renting in Virginia.
This is general information, not legal advice, and it isn’t a complete list of every change. Check the Virginia Code or talk with a Virginia attorney before taking action on your property.
Sources
- Va. Code § 55.1-1245: Noncompliance with rental agreement (14-day nonpayment notice)
- Virginia DHCD: Tenant and Landlord Resources (sample notices, Statement of Tenant Rights)
- Williams Mullen: Virginia Enacts New Laws Impacting Residential Landlords
- Venable: Residential Landlords in Virginia Must Prepare for New Tenant Protections
- Virginia REALTORS®: Notice of Unpaid Rent Will Soon Be 14 Days
Call 202-710-3342 or email info@stellargatemanagement.com, or request your free rental analysis below.