Consumer Services Division

Fairfax County, Virginia

CONTACT INFORMATION: 8:00 a.m. - 4:30 p.m. Monday - Friday

703-222-8435
TTY 711

12000 Government Center Parkway, Suite 433
Fairfax, VA 22030

Rebecca Makely,
Division Director

Tenant-Landlord Laws

The Consumer Affairs Branch provides advice, information, and education for tenants and landlords.  We do not provide legal advice, but can offer guidance and resources to increase your understanding about tenant-landlord rights and responsibilities. Following is a summary of key Virginia tenant-landlord laws.

Virginia Residential Landlord and Tenant Act

The Virginia Residential Landlord and Tenant Act (VRLTA), establishes the rights and responsibilities of tenants and landlords. The VRLTA applies to all single-family and multifamily residential dwelling units located in Virginia. Landlords who own no more than two single-family residential dwelling units subject to a rental agreement may opt out of the VRLTA by stating so in the rental agreement. 

Chapter 13-Landlord and Tenant

Chapter 13 of the Virginia code applies if the landlord is exempt from the Virginia Residential Landlord and Tenant Act (VRLTA) and expressly opts out of the VRLTA by stating in the rental agreement. Section Codes 55-225.01 through 55-225.48 of Chapter 13 will apply.   

Chapter 12 – Tenant-Landlord Relations

Chapter 12 of the Fairfax County Code applies to rental agreements for dwelling units located within Fairfax County. Chapter 12 establishes policies that govern relationships between tenants and landlords, and outlines the duties of Consumer Affairs and the Tenant Landlord Commission. Section 12-1-2 of this code requires landlords to post a sign containing a notice of the existence of the Tenant-Landlord Commission and the contact information for Consumer Affairs.

Tenant’s assertion; rent escrow

If you believe your landlord has failed to perform their maintenance or repair duties as defined in Virginia codes or in the lease agreement as it relates to health, safety or habitability issues, a tenant may consider paying rent in an escrow account in the Fairfax County General District Court.  If your landlord is governed by the Virginia Residential Landlord and Tenant Act (VRLTA), review § 55-248.27. If your landlord is not governed by the VRLTA, review § 55-225.12. To request the rent escrow account, a tenant must file the Tenant's Assertion and Complaint Form in the Fairfax County General District Court. Since this is a legal procedure, consider talking with a lawyer for information and guidance.

Virginia Uniform Statewide Building Code

Virginia’s state building codes and regulations are administered through the Virginia Uniform Statewide Building Code. To find out about property maintenance, and fire and health codes, contact the Fairfax County Department of Code Compliance. Information is also available from the  Fairfax County Health Department.

Zoning Ordinance and Safety Rules

The zoning ordinance (Article 2, Part 5) limits how many people can live in a single residence. These codes define how many people can live in a house, how much space they need and what’s considered safe. In general, no more than one family, plus two renters, may live in one house, or no more than four unrelated people may live in one house. For questions about this ordinance, call 703-324-1300.

Section 61-5-1 of the Fairfax County code outlines safety requirements regarding smoke alarms, emergency exits and safety rules for bedrooms in basements. General Fire Safety information is available from the Fairfax County Fire and Rescue Department or call Public Affairs and Life Safety Education at 703-246-3801.

Fair Housing

The Fairfax County Human Rights Ordinance prohibits discrimination in housing. This ordinance is enforced by the Human Rights Division. Federal requirements are available from the U.S. Department of Housing and Urban Development.

Federal law requires landlords to provide information about lead paint to renters for housing built before 1978. Information about lead is available from the Division of Environmental Health, Fairfax County Health Department, including a disclosure statement on lead-based paint A good resource for information is the booklet, “Protect Your Family From Lead In Your Home."

Notice to Tenant in Event of Foreclosure

Tenants facing foreclosure should review Virginia Code § 55-225.10.  When a property is foreclosed and a tenant lives there, the foreclosure terminates the lease. A tenant may remain in possession as a month-to-month tenant until the new owner sends a 30 days' notice of termination. Written notice must be given in accordance with the rental agreement, or the provisions of § 55-222 or § 55-248.6 of Virginia Code. Until the new owner terminates the month-to-month tenancy, the terms of the rental agreement remain in effect except rent shall be paid to the new owner as directed in a written notice to the tenant.

Eviction

Eviction is the process by which a landlord regains possession of a rental property by entering a lawsuit against the tenant in the Fairfax County General District Court pursuant to Virginia Code  § 8.01-126. The most common grounds for eviction are nonpayment of rent or breach of the rental agreement. A landlord cannot remove a tenant or their personal belongings, lock-out the tenant, or deliberately cut off essential services such as hot and cold running water or utilities. A landlord must obtain a court judgment in order to direct the tenant to leave the property, pay outstanding rent, late charges, attorney fees, court costs and any other charges or damages.  

The Fairfax Bar Association provides information and resources for tenants and landlords as well as provides a lawyer referral service for a fee. The Virginia State Bar also provides a lawyer referral service for a fee.