VirginiaSB3132026 Regular SessionSenateWALLET

Virginia Residential Landlord and Tenant Act; rental payment methods, prohibited fees.

Sponsored By: Adam P. Ebbin (Democratic)

Became Law

Summary

Virginia Residential Landlord and Tenant Act; rental payment methods; prohibited fees. Requires a landlord subject to the Virginia Residential Landlord and Tenant Act to accept payment of periodic rent and any security deposit by check and money order. The bill additionally prohibits such a landlord from requiring a tenant to pay any fee to submit periodic rent payments or other amounts due in excess of the actual out-of-pocket expenses charged to the landlord by a third party to process a payment. Finally, the bill prohibits a landlord from requiring a tenant to pay any fee for the maintenance or repair of any dwelling unit unless the repair is necessitated by the tenant's violation of the Virginia Residential Landlord and Tenant Act. This bill is identical to HB 1005.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Banned lease clauses and tenant protections

Leases cannot make you give up rights under state landlord‑tenant law or the 120‑day conversion notice. No confession‑of‑judgment clauses, no pre‑dispute Servicemembers Civil Relief Act waivers, and no clauses that make you pay the landlord’s attorney fees or excuse the landlord’s legal liability. If you live in public housing, your lease cannot ban lawful firearms in your unit unless federal law requires it. Landlords cannot charge for maintenance or repairs unless the damage is due to your actions or rule violations. Any banned clause is unenforceable, and if a landlord tries to enforce one, you can recover your actual damages and reasonable attorney fees.

Caps on deposits and upfront costs

A landlord cannot charge more than two months’ rent as a security deposit. Before move‑in, total required payments for a security deposit, damage insurance, or renter’s insurance cannot be more than two months’ rent.

Get a written lease and rights notice

Landlords must offer a written lease and give you the state tenant-rights and responsibilities statement. They must give you a signed copy of the lease and the rights statement within 10 business days of the start date. A landlord cannot file or continue a court case against you for a lease violation until you get the rights statement. You can get one hard copy each year or free electronic copies of the lease and statement.

Stronger notice and lease change rules

If your landlord owns more than four units or has over 10% interest in more than four, and your lease has a renewal option or auto‑renew, they must give at least 60 days’ written notice of any rent increase or nonrenewal. If your lease requires approval to sublease, the landlord must approve or deny within 10 business days after getting the application; no reply counts as approval. Neither landlord nor tenant can change the lease alone; both must give any required notice and sign. If a lease is silent, weekly payers have a week‑to‑week tenancy and all others have a month‑to‑month tenancy.

No written lease 12-month default

If no written lease is offered, a 12-month tenancy starts by law and does not auto-renew. Rent is split into 12 equal payments at an agreed amount, or at fair market rent if you cannot agree. Rent is due the first day of each month and is late after the fifth day.

Rent payment options and fee limits

Landlords must accept rent and security deposits by check and money order. If you pay cash or money order and ask, they must give you a receipt. Any processing fee is only allowed if a no-fee way to pay is also offered, and third‑party card or electronic fees cannot exceed the landlord’s actual cost. Small landlords with four or fewer units (or up to 10% interest in four units) do not have to accept debit or credit cards. Late fees are allowed only if the lease says so and are capped at the lesser of 10% of the rent or 10% of the balance owed. If you ask in writing, the landlord must send a written accounting of charges and payments within 10 business days.

Sponsors & Cosponsors

Sponsor

  • Adam P. Ebbin

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 276 • No: 159

House vote 3/14/2026

Conference report agreed to by House

Yes: 62 • No: 35

Senate vote 3/14/2026

Conference report agreed to by Senate

Yes: 21 • No: 18

Senate vote 3/6/2026

Senate acceded to request Block Vote

Yes: 40 • No: 0

Senate vote 3/3/2026

House substitute rejected by Senate

Yes: 0 • No: 40

House vote 2/27/2026

Passed House with substitute

Yes: 62 • No: 34

House vote 2/24/2026

Reported from General Laws with substitute

Yes: 15 • No: 5

House vote 2/19/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 3

Senate vote 2/10/2026

Read third time and passed Senate

Yes: 21 • No: 19

Senate vote 2/9/2026

Education and Health Substitute agreed to

Yes: 0 • No: 0

Senate vote 2/6/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/6/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote 2/4/2026

Reported from General Laws and Technology with substitute

Yes: 9 • No: 5

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0723)

    4/13/2026Governor
  2. Approved by Governor-Chapter 723 (effective 7/1/2026)

    4/13/2026Governor
  3. Fiscal Impact Statement from Department of Planning and Budget (SB313)

    4/1/2026Senate
  4. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/31/2026Governor
  5. Enrolled Bill communicated to Governor on March 31, 2026

    3/31/2026Senate
  6. Signed by Speaker

    3/31/2026House
  7. Bill text as passed Senate and House (SB313ER)

    3/30/2026Senate
  8. Enrolled

    3/30/2026Senate
  9. Signed by President

    3/30/2026Senate
  10. Fiscal Impact Statement from Department of Planning and Budget (SB313)

    3/18/2026Senate
  11. Conference report agreed to by Senate (21-Y 18-N 0-A)

    3/14/2026Senate
  12. Conference report agreed to by House (62-Y 35-N 0-A)

    3/14/2026House
  13. Conference Report released

    3/14/2026
  14. House Conferees: Tran, Price, Leftwich

    3/14/2026House
  15. Conferees appointed by House

    3/14/2026House
  16. House Conferees: Tran, Carroll, Leftwich

    3/11/2026House
  17. Conferees appointed by House

    3/11/2026House
  18. Senate acceded to request Block Vote (40-Y 0-N 0-A)

    3/6/2026Senate
  19. Senate Conferees: Bennett-Parker, VanValkenburg, French

    3/6/2026Senate
  20. Conferees appointed by Senate

    3/6/2026Senate
  21. House requested conference committee

    3/4/2026House
  22. House insisted on substitute

    3/4/2026House
  23. House substitute rejected by Senate (0-Y 40-N 0-A)

    3/3/2026Senate
  24. Passed House with substitute (62-Y 34-N 0-A)

    2/27/2026House
  25. Engrossed by House - committee substitute

    2/27/2026House

Bill Text

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