Free Virginia Rental Application Fee Receipt
Virginia’s fifty-dollar application fee cap is exclusive of what you actually pay a third party for background, credit or other pre-occupancy checks — so the cap governs your own fee and the report costs sit on top of it. HUD-regulated and public housing units use a thirty-two dollar figure. A refundable application deposit may be taken as well, and anything above your actual expenses goes back with an itemization in twenty days — or ten days if it was paid in cash or by certified check, cashier’s check or money order. All of that belongs to the Virginia Residential Landlord and Tenant Act, and § 55.1-1201 puts eight tenancies and occupancies outside that chapter and separately exempts transient lodging that is not a primary residence, or is one for 90 consecutive days or less. This generator produces the receipt and the itemization that record all of it.
Virginia’s application fee rule is one of the most frequently mis-stated in the country, and the mis-statement runs against the landlord rather than for them. Almost every summary reports that Virginia caps rental application fees at fifty dollars and stops there. The statute does not stop there. The fifty-dollar ceiling in § 55.1-1203 is expressly exclusive of the actual out-of-pocket amounts a landlord pays to a third party for background, credit or other pre-occupancy checks — which means the cap governs the landlord’s own fee and the genuine cost of the reports sits on top of it. A landlord who reads the popular summary and charges fifty dollars inclusive of a thirty-dollar screening product has recovered twenty dollars for their own time on a rule that entitled them to fifty. That is a real loss created by a bad summary. The corollary matters just as much in the other direction: what rides on top is the amount actually paid out, evidenced by an invoice, not a comfortable estimate and not a marked-up figure. Two further pieces complete the picture. HUD-regulated and public housing units carry a different and lower figure — thirty-two dollars — on the same exclusive-of basis. And the application deposit is a distinct instrument that may be taken in addition to the fee, refundable, with the excess over the landlord’s actual expenses due back to the applicant together with an itemization, within twenty days ordinarily and within ten days where the applicant paid in cash or by certified check, cashier’s check or money order. Two refund clocks selected by the applicant’s payment method is an unusual design and it is the detail most likely to be missed by a landlord who has read only the headline. One thing precedes all of it, and it is where the classification actually begins. § 55.1-1203 is a section of the Virginia Residential Landlord and Tenant Act, so it governs what that chapter governs. § 55.1-1201 puts eight tenancies and occupancies outside the chapter and separately exempts transient lodging — a hotel, motel, extended stay facility, vacation residential facility, boardinghouse or similar — where the person does not reside there as a primary residence, or does so for ninety consecutive days or less. So the first question is not whether the fifty-dollar or thirty-two-dollar figure applies but whether either does, because outside the chapter there is no cap in it at all. On an ordinary residential tenancy everything below applies exactly as stated; whether yours is one is a question of fact this page cannot decide for you.
Build the record
Fill in the fields below and the generator produces a dated PDF you can print, sign and give to the applicant, keeping a copy for your file. Nothing is stored and there is no charge. Fields you leave blank print as a dash so you can complete them by hand.
The fifty-dollar cap is a cap on your fee, not on what you may collect
Start with the chapter, because the first classification is three-way and most guidance makes it two-way. § 55.1-1203 sits inside the Virginia Residential Landlord and Tenant Act, and § 55.1-1201 is that chapter’s applicability section. Eight tenancies and occupancies are not residential tenancies under the chapter: residence at a public or private institution if incidental to detention or to medical, geriatric, educational, counseling, religious or similar services; occupancy by a member of a fraternal or social organization in the portion of a structure operated for its benefit; occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; occupancy in a campground; occupancy by a tenant who pays no rent under a rental agreement; occupancy by an employee whose right to occupy a multifamily dwelling unit is conditioned on employment in and about the premises, or a former employee whose occupancy continues less than sixty days; occupancy under a contract of sale where the occupant is the purchaser or a successor; and occupancy in a recovery residence. Separately, subsection D exempts a hotel, motel, extended stay facility, vacation residential facility, boardinghouse or similar transient lodging where overnight accommodation is furnished for consideration and the person does not reside there as a primary residence, and provides that residing there as a primary residence for ninety consecutive days or less is likewise not subject to the chapter. The balancing limb is in the same subsection and is easy to lose: residing there as a primary residence for more than ninety consecutive days, or under a written lease for more than ninety days, is subject to the chapter. So the real classification runs three ways — inside the chapter, inside it on a HUD-regulated or public housing unit, or outside the chapter altogether — and outside it there is no cap in this chapter at all, which means guidance that offers only the two figures both over-states the duties such a landlord owes and under-states what it may charge. That is a gate, not a doubt: inside the chapter the cap and the clocks are exactly as described below. Classification is a question of fact about your particular letting and no page can settle it for you. One further chapter-level point about HUD, kept separate from the figure. § 55.1-1201(A) provides that occupancy in a public housing unit or other dwelling unit is subject to the chapter, but that where the chapter’s provisions are inconsistent with the regulations of the U.S. Department of Housing and Urban Development, those regulations control. That is a rule about which body of law wins on a conflict. The thirty-two dollar figure is a different thing: a variant ceiling inside § 55.1-1203 itself. Read the exclusion, because it is doing the work. The section caps the application fee at fifty dollars, and it makes that cap exclusive of actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. Two separate things are therefore in play whenever a Virginia landlord takes money from an applicant: the landlord’s own fee, which the statute caps; and the pass-through of what the landlord genuinely paid somebody else to run the checks, which the cap does not touch. Collapsing them into a single fifty-dollar number is the error, and it is the error in nearly all the guidance in circulation. The practical effect is that your invoice becomes part of your legal position. The pass-through is defensible only to the extent it is an actual out-of-pocket amount actually paid to an actual third party. That is an evidential standard, not a formula. If your screening vendor charged thirty-eight dollars for a credit and criminal package, thirty-eight dollars is what may sit on top of your fee. If you round it to forty because the arithmetic is tidier, the two dollars are not out-of-pocket and are not covered by the exclusion — they are part of your own fee, and your own fee has a ceiling. If you screen in-house, there is no third party and no out-of-pocket amount, and the fifty dollars is all there is. The HUD and public housing figure is a different number, not a discount. Where the unit is HUD-regulated or is public housing, the section gives thirty-two dollars. A landlord operating a mixed portfolio has to know which units are which before the fee is set, because charging the general figure on a covered unit is an overcharge, and an overcharge is not cured by having charged everybody else correctly. And the deposit is not the fee. A refundable application deposit may be taken in addition. It is not a screening charge, it is not a security deposit, and it is not yours except to the extent of your actual expenses. Everything above those expenses goes back, with an itemization that shows what the expenses were, and it goes back on a clock that the applicant set when they chose how to pay. Twenty days is the ordinary period. Ten days applies where the deposit came in as cash, a certified check, a cashier’s check or a money order. A landlord running a single twenty-day habit will be late on every one of the fast-clock payments and will not notice, because nothing about a certified check announces that it halved the deadline.
Watch: Virginia Rental Application Fee Receipt explained
Virginia application fee at a glance
Settle this first: is fifty dollars really the most a Virginia landlord can collect?
No — and the version of this rule that circulates most widely is wrong in the landlord’s disfavour. The fifty-dollar ceiling in § 55.1-1203 applies to the application fee itself and is expressly exclusive of actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. A Virginia landlord may lawfully collect fifty dollars plus the real cost of those reports, provided the third-party amounts are genuine out-of-pocket sums and can be shown as such. The figure for HUD-regulated or public housing units is thirty-two dollars, on the same exclusive-of basis. And a refundable application deposit is a separate instrument that may be taken in addition to either. Settle one thing before any of that: whether the VRLTA reaches your letting at all. § 55.1-1203 is a section of chapter 12, and § 55.1-1201 provides that eight tenancies and occupancies are not residential tenancies under the chapter — institutional residence incidental to detention or care, a fraternal or social organization’s own member, a condominium owner or cooperative proprietary lessee, a campground, a tenant who pays no rent, a resident employee in a multifamily unit, contract-of-sale occupancy by the purchaser, and a recovery residence — and separately exempts a hotel, motel, extended stay facility, vacation residential facility, boardinghouse or similar transient lodging where the person does not reside there as a primary residence, or resides there as one for ninety consecutive days or less. Beyond ninety days, or under a written lease for more than ninety days, the chapter applies again. Which of those your letting is, is a question of fact about your property that this page cannot answer for you
Fifty dollars, plus the reports
the cap is on the landlord’s own application fee and is exclusive of actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. Stating the cap without the exclusion under-states what you may recover; treating the exclusion as a licence to add a mark-up over-states it, because what rides on top is the actual amount paid, not an estimate of it
Thirty-two dollars for HUD and public housing
a different figure applies where the unit is HUD-regulated or is public housing. It is not a discretionary discount and it is not a rounding of the general cap; it is the number the section gives for those units, and using fifty on such a unit is an overcharge. Keep it separate from a different HUD point at chapter level: § 55.1-1201(A) provides that occupancy in a public housing unit is subject to the chapter, but that where the chapter’s provisions are inconsistent with HUD regulations, those regulations control
The application deposit and its two clocks
a refundable application deposit may be taken in addition to the fee. Whatever exceeds the landlord’s actual expenses must be refunded with an itemization — within twenty days, or within ten days where the deposit was paid in cash or by certified check, cashier’s check or money order. The applicant’s choice of payment method sets your deadline
What § 55.1-1203 requires, and where the 2027 version differs
§ 55.1-1201 — Applicability of chapter; local authority. This is the gate on everything below, because § 55.1-1203 is a section of this chapter. Subsection C provides that eight tenancies and occupancies are not residential tenancies under the chapter: institutional residence incidental to detention or to medical, geriatric, educational, counseling, religious or similar services; occupancy by a member of a fraternal or social organization in the portion of a structure operated for its benefit; occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; occupancy in a campground; occupancy by a tenant who pays no rent under a rental agreement; occupancy by an employee whose right to occupy a multifamily dwelling unit is conditioned on employment in and about the premises, or a former employee whose occupancy continues less than sixty days; occupancy under a contract of sale where the occupant is the purchaser or a successor; and occupancy in a recovery residence. Subsection D is a separate transient-lodging gate: a hotel, motel, extended stay facility, vacation residential facility, boardinghouse or similar transient lodging is exempt from the chapter where overnight sleeping accommodation is furnished for consideration and the person does not reside there as a primary residence, and lodging in which a person resides as a primary residence for ninety consecutive days or less is not subject to the chapter — while residence as a primary residence for more than ninety consecutive days, or under a written lease for more than ninety days, is. And subsection A provides that occupancy in a public housing unit or other dwelling unit is subject to the chapter, but that where the chapter is inconsistent with HUD regulations, those regulations control — a chapter-level conflict rule, distinct from the thirty-two dollar figure below. The fee cap. The application fee may not exceed fifty dollars. The exclusion. That cap is exclusive of actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks, so those amounts are additional to the capped fee rather than inside it. The HUD and public housing figure. For HUD-regulated or public housing units the figure is thirty-two dollars, on the same exclusive-of basis. The application deposit. A refundable application deposit may be taken in addition to the fee. The refund, and what must accompany it. The excess of the deposit over the landlord’s actual expenses must be refunded, and an itemization must be provided with it. The two clocks. Twenty days ordinarily; ten days where the deposit was paid in cash or by certified check, cashier’s check or money order. Where the rule sits. The cap is at subsection (C) of the section as currently in force, whose effective history runs from 1977 c. 427 through 2020 c. 388. The version that is not yet law. A second version of the section, effective 1 July 2027 (2026, c. 1050), renumbers the fee cap from (C) to (D) and adds a duty to give written notice before collecting, covering the fees charged, the tenant selection criteria, the criteria that automatically result in denial, the consumer reporting agency used, and the applicant’s rights concerning the report. That version does not bind a landlord today. And a limit on this page: the section’s wider content on applications and on the landlord’s use of the information is not restated here, no Virginia case law was researched, and no local ordinance was researched. Nothing on this page is presented as a quotation of the statute.
How to take a Virginia application fee and deposit correctly
Classify the unit before you set the fee
The classification runs three ways, not two. First: is the letting inside the Virginia Residential Landlord and Tenant Act at all? § 55.1-1201 puts eight tenancies and occupancies outside the chapter — a condominium owner or cooperative proprietary lessee, a campground, a recovery residence and a rent-free occupancy among them — and separately exempts transient lodging that is not a primary residence, or is one for ninety consecutive days or less. Only if the letting is inside does the second question arise: the general figure is fifty dollars and the figure for a HUD-regulated or public housing unit is thirty-two. All of that is a fact about the property, not a choice about the applicant, and it has to be settled before anyone is quoted a number. Charging the general figure on a covered unit is an overcharge from the moment the money is taken.
Separate your own fee from the third-party pass-through, on paper
The cap governs your fee; the actual out-of-pocket amounts you pay a third party for background, credit or other pre-occupancy checks sit outside it. Show them as two lines, not one total, because a single blended number cannot demonstrate that the capped component was within the cap, and cannot demonstrate that the pass-through was an actual amount paid.
Keep the vendor invoice with the receipt
The pass-through stands or falls on being an actual out-of-pocket amount. The invoice is the evidence. Round numbers that do not match an invoice are not out-of-pocket amounts; they are part of your own fee and are measured against the cap.
Record how any application deposit was paid, on the day it was paid
Cash, a certified check, a cashier’s check or a money order puts you on the ten-day clock. Anything else leaves you on twenty days. The payment method is the only thing that selects between them, and it is easy to establish on day one and nearly impossible to reconstruct three weeks later.
Refund the excess with an itemization, inside the right window
What must be returned is the amount by which the deposit exceeds your actual expenses, and it must be accompanied by an itemization of those expenses. A refund with no itemization is an incomplete performance even where the arithmetic is right, and a correct refund posted on day fifteen is late if the deposit arrived as a money order.
About the Virginia application fee receipt
The generator above produces a dated receipt for the money taken from an applicant. Virginia prescribes no form for this, so what you get is not a statutory form and is not captioned as one. It records the parties and the unit, the amount received with its date and payment method, what the money was for, the screening company used, the criteria applied, the outcome, and the refund position with its trigger. Two things it deliberately does not do. It does not print the statutory figures, because a number fixed into a form is a number that goes stale in it. And it carries a single amount field rather than splitting your own fee from the third-party pass-through — that split is the distinction the cap turns on, so record it in the detail field and keep the vendor invoice with the file, because the invoice is what evidences the pass-through if the charge is ever questioned. And one thing it assumes. It is written for a letting the Virginia Residential Landlord and Tenant Act governs; § 55.1-1201 puts eight tenancies and occupancies outside that chapter and separately exempts transient lodging that is not a primary residence or is one for ninety consecutive days or less, and the record does not ask which yours is, because that is a question of fact about the property rather than a field. Nothing is stored and there is no charge. Fields left blank print as a dash.
What § 55.1-1203 requires you to be able to show
- That your letting is one the Virginia Residential Landlord and Tenant Act governs. § 55.1-1203 is a section of that chapter, and § 55.1-1201 puts eight tenancies and occupancies outside it and separately exempts transient lodging that is not a primary residence, or is one for ninety consecutive days or less.
- That your own application fee was within the applicable cap. Fifty dollars generally, thirty-two dollars for a HUD-regulated or public housing unit.
- Which figure applied, and why. The unit’s status is what selects between them, so the record should say what the unit is rather than leaving the number unexplained.
- That any amount above the cap was an actual out-of-pocket third-party cost. Background, credit or other pre-occupancy checks, evidenced by what you were actually charged.
- The identity of the third party you paid. A pass-through with no named payee is difficult to characterise as an out-of-pocket amount paid to a third party.
- The fee and the pass-through as separate lines. A blended total cannot demonstrate compliance with a cap that applies to only one of its components.
- Any application deposit taken, as a distinct item. It is refundable and it is not the application fee.
- The method by which the deposit was paid. Cash, certified check, cashier’s check or money order puts the refund on the ten-day clock rather than twenty.
- Your actual expenses set against the deposit. The refundable excess is the deposit less those expenses, so the expenses have to be capable of statement.
- The itemization you provided with the refund. The itemization accompanies the money; a refund alone does not discharge it.
- Your adverse-action record where a report drove a rejection, and a note of any local rule. Federal consumer-report law applies alongside § 55.1-1203, and Virginia local ordinances were not researched for this page.
Common mistakes with Virginia application fees
- Treating fifty dollars as everything you may collect. The cap is exclusive of actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. This is the most common error in Virginia guidance and it costs landlords money by under-stating their entitlement.
- Reading the exclusion as permission to add a mark-up. What sits on top of the cap is the amount actually paid out. A padded or estimated figure is not an out-of-pocket amount, so the excess falls back inside the capped fee.
- Charging fifty dollars on a HUD-regulated or public housing unit. The figure for those units is thirty-two dollars, and the difference is an overcharge rather than a rounding.
- Blending the fee and the report cost into one number. A single total cannot show that the capped component stayed within its cap, which is exactly what you would need to show if challenged.
- Charging a pass-through when you screened in-house. With no third party there is no out-of-pocket amount paid to one, and the fifty dollars is the whole of it.
- Treating the application deposit as part of the fee. It is a separate, refundable instrument, and the fee rules do not govern its return.
- Running one refund deadline for every deposit. Cash, a certified check, a cashier’s check or a money order halves the period to ten days, and nothing about those instruments announces that it has done so.
- Refunding the excess without an itemization. The itemization is part of the obligation, not a courtesy that accompanies it.
- Deducting expenses you cannot state. The refundable amount is the excess over your actual expenses, so an expense you cannot itemize is an expense you cannot keep.
- Classifying the unit two ways when the first classification is three-way. Before the fifty-dollar and thirty-two-dollar figures comes the question whether the Virginia Residential Landlord and Tenant Act reaches the letting at all. § 55.1-1201 puts eight tenancies and occupancies outside the chapter and separately exempts transient lodging that is not a primary residence, or is one for ninety consecutive days or less — and outside the chapter there is no cap in it, so treating the fifty dollars as binding there both over-states the duties and under-states what may be charged.
- Confusing the thirty-two dollar HUD figure with the chapter’s HUD conflict rule. The figure is a variant ceiling inside § 55.1-1203. The conflict rule is in § 55.1-1201(A): public housing occupancy is subject to the chapter, but where the chapter is inconsistent with HUD regulations, those regulations control. They are different things.
- Citing subsection (D) for the fee cap, or applying the pre-collection notice duty today. Both belong to the version of the section effective 1 July 2027, which is not yet law.
What is the maximum rental application fee in Virginia?
Fifty dollars — but that is the ceiling on the landlord’s own application fee, and it is not the ceiling on what an applicant may lawfully be asked to pay. Va. Code § 55.1-1203 caps the application fee at fifty dollars exclusive of actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. Those third-party amounts are additional to the capped fee.
The practical statement of the rule is therefore in two parts: a Virginia landlord may charge up to fifty dollars as its own fee, plus the genuine cost of the reports it bought from somebody else. A landlord who paid a screening vendor thirty-eight dollars for a credit and criminal package may recover that thirty-eight dollars and still charge its fifty-dollar fee.
Where the unit is HUD-regulated or is public housing, the figure the section gives is thirty-two dollars rather than fifty, on the same exclusive-of basis. That is a different number for a different class of unit, not a discretionary reduction, and it is a fact about the property that has to be settled before a fee is quoted.
One boundary belongs on both figures, and it comes before either of them. § 55.1-1203 is a section of the Virginia Residential Landlord and Tenant Act, so it reaches what the chapter reaches and no further. § 55.1-1201, captioned “Applicability of chapter; local authority”, provides at subsection C that eight tenancies and occupancies are not residential tenancies under the chapter: residence at a public or private institution if incidental to detention or to medical, geriatric, educational, counseling, religious or similar services; occupancy by a member of a fraternal or social organization in the portion of a structure operated for the organization’s benefit; occupancy by an owner of a condominium unit or a holder of a proprietary lease in a cooperative; occupancy in a campground; occupancy by a tenant who pays no rent under a rental agreement; occupancy by an employee whose right to occupy a multifamily dwelling unit is conditioned on employment in and about the premises, or a former employee whose occupancy continues less than sixty days; occupancy under a contract of sale where the occupant is the purchaser or a person who succeeds to his interest; and occupancy in a recovery residence.
Subsection D adds a separate transient-lodging gate. A hotel, motel, extended stay facility, vacation residential facility, boardinghouse or similar transient lodging is exempt from the chapter where overnight sleeping accommodation is furnished for consideration and the person does not reside there as his primary residence; and lodging in which a person resides as his primary residence for ninety consecutive days or less is likewise not subject to the chapter. The limb that balances it is in the same subsection and is easy to lose: where a person resides there as his primary residence for more than ninety consecutive days, or is subject to a written lease for more than ninety days, the lodging is subject to the chapter.
Read that as a gate, not as a doubt. The consequence is that the first classification a Virginia landlord makes is three-way rather than two-way: inside the chapter, inside it on a HUD-regulated or public housing unit, or outside the chapter entirely. Inside, the cap and the clocks below apply exactly as stated. Outside, the chapter does not reach the arrangement at all, so on the face of it there is no cap in this chapter on that letting — which means guidance that offers only the fifty and thirty-two dollar figures over-states the duties such a landlord owes and under-states what it may charge. Which side of the line a particular property falls on is a question of fact about the letting, and this page cannot settle it for you.
A separate HUD point sits at chapter level and should not be blended with the thirty-two dollar figure. § 55.1-1201(A) provides that occupancy in a public housing unit or other dwelling unit is subject to the chapter, but that where the chapter’s provisions are inconsistent with the regulations of the U.S. Department of Housing and Urban Development, those regulations shall control. That is a conflict rule about which body of law prevails. The thirty-two dollars is a variant ceiling inside § 55.1-1203 itself.
Why does the exclusion for third-party costs matter so much?
Because the popular summary of Virginia law drops it, and dropping it is expensive. “Virginia caps application fees at fifty dollars” is the sentence that appears in most guidance, and a landlord who relies on it will treat fifty dollars as an all-in figure. If the screening product cost thirty dollars, that landlord has recovered twenty dollars for its own time and administration on a statute that entitled it to fifty plus the thirty. Nothing about that outcome is required by Virginia law; it is produced entirely by an incomplete summary.
The exclusion cuts the other way as well, and the limit is worth stating plainly. What sits on top of the capped fee is an actual out-of-pocket amount paid to a third party. Each element of that description is load-bearing. It has to be actual, so an estimate does not qualify. It has to be out-of-pocket, so an internal cost allocation does not qualify. It has to have been paid to a third party, so a landlord that screens in-house has nothing to add. And it has to relate to background, credit or other pre-occupancy checks, so unrelated administrative costs do not travel with it.
The evidential consequence is that the vendor invoice becomes part of the landlord’s legal position rather than a bookkeeping detail. If the invoice says thirty-eight dollars and the receipt says forty, the difference is not a pass-through; it is part of the landlord’s own fee, and the landlord’s own fee is what the cap measures. Keeping the two lines separate on the receipt is not formality — it is the only way a blended charge can ever be shown to have complied.
What is a Virginia application deposit, and how is it different?
It is a separate, refundable instrument that a landlord may take in addition to the application fee. It is not a screening charge and it is not a security deposit. Its defining feature is that it is the applicant’s money except to the extent of the landlord’s actual expenses: whatever the deposit exceeds those expenses must go back.
Two duties attach to that return, and both are frequently missed. The first is the itemization. The refund has to be accompanied by an itemization of the expenses that were set against the deposit, so a landlord that cannot state its expenses cannot justify retaining any part of the money. A check with no explanation is an incomplete performance even where the arithmetic behind it is correct.
The second is the deadline, and Virginia does something unusual with it. The ordinary period is twenty days. But where the deposit was paid in cash, or by certified check, cashier’s check or money order, the period is ten days. The applicant’s choice of payment instrument selects the landlord’s deadline, which means a landlord operating a single twenty-day habit will be late on every fast-clock deposit and will have no reason to notice. Recording the payment method on the day the money arrives is the whole of the fix, and it takes a field on a form.
Can a Virginia landlord keep the application deposit?
Only up to its actual expenses, and only if it can itemize them. The refundable amount is defined as the excess over the landlord’s actual expenses, which makes the retained portion the thing that has to be justified rather than the returned portion. That is a different posture from a security deposit, where the tenancy has run and there is a condition report to argue about. Here the tenancy may never have started at all, and the landlord’s expenses are whatever it actually spent processing the application.
It follows that an expense you cannot describe is an expense you cannot keep. It also follows that the application deposit is a poor place to park money you might want later for some other purpose. If it is not an actual expense of processing this application, it is not covered by the retention, and the clock on returning it is already running.
What changes on 1 July 2027?
Virginia has enacted a second version of § 55.1-1203 that takes effect on 1 July 2027, and the Code page carries both versions side by side. It is not law today and this page does not describe it as such, but a landlord building a process now should know what it does, because the change is procedural and process changes are cheaper to design in than to bolt on.
Two things happen. The fee cap is renumbered from subsection (C) to subsection (D) — which matters mainly for citation hygiene, because a source citing (D) for the cap is describing the future text, and a source citing (C) is describing the text in force. And a new duty is added: before collecting anything from an applicant, the landlord must give written notice of the fees to be charged, the tenant selection criteria, the criteria that will automatically result in a denial, the consumer reporting agency the landlord will use, and the applicant’s rights in relation to the report.
That is a disclosure duty rather than a new limit on the money, and its practical weight falls on landlords who have never written their selection criteria down. Criteria that exist only as judgement cannot be disclosed in advance, and automatic-denial criteria in particular have to be articulated as rules before they can be stated to an applicant. A landlord who documents its criteria now will find the 2027 duty is a printing exercise; one who does not will find it is a policy project.
Where the application fee sits in the rest of Virginia law
The criteria you apply to an application are the same criteria that govern the screening decision, and federal consumer-report and adverse-action rules apply to that decision whatever Virginia says about fees. They are also the criteria the 2027 version of the section will require you to disclose before you collect. Our guide to Virginia tenant screening laws covers what you may consider and what a denial requires.
An application deposit is not a security deposit, and the two are governed by different rules with different clocks and different itemization duties. See Virginia security deposit laws for the money taken at signing and its return at the end of a tenancy.
For the wider framework — notice periods, entry, maintenance and termination — see Virginia landlord-tenant laws.
Bottom line
Virginia caps the application fee at fifty dollars, and almost every summary of that rule under-states what a landlord may lawfully collect. The cap in § 55.1-1203 is exclusive of the actual out-of-pocket amounts you pay a third party for background, credit or other pre-occupancy checks — so the fifty dollars is the ceiling on your own fee and the real cost of the reports sits on top of it. For HUD-regulated or public housing units the figure is thirty-two dollars. An application deposit is a different instrument again. You may take a refundable deposit in addition, but whatever exceeds your actual expenses must be returned with an itemization — within twenty days normally, and within ten days where the deposit was paid in cash or by certified check, cashier’s check or money order. Two clocks, chosen by the applicant’s payment method. A second version of the section, effective 1 July 2027 and not yet law, adds a written pre-collection notice duty and renumbers the cap. Check the gate before any of that. § 55.1-1203 is a section of the Virginia Residential Landlord and Tenant Act, and § 55.1-1201 puts eight tenancies and occupancies outside the chapter — a condominium owner or cooperative proprietary lessee, a campground, a recovery residence and a rent-free occupancy among them — and separately exempts transient lodging such as a hotel, motel or extended stay facility where the person does not live there as a primary residence, or does so for 90 consecutive days or less. Over 90 days, or under a written lease for more than 90 days, and the chapter applies again. Note too that § 55.1-1201(A) provides that where this chapter is inconsistent with HUD regulations, those regulations control — which is a different thing from the thirty-two dollar figure.
Frequently Asked Questions
What is the maximum rental application fee in Virginia?
Va. Code § 55.1-1203 caps the application fee at $50, and that cap is exclusive of actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. So a landlord may charge up to $50 as its own fee plus the genuine cost of the reports. For HUD-regulated or public housing units the figure is $32 on the same basis. Both figures belong to the Virginia Residential Landlord and Tenant Act, and § 55.1-1201 puts eight tenancies and occupancies outside that chapter – a condominium owner or cooperative proprietary lessee, a campground, a recovery residence and a rent-free occupancy among them – and separately exempts transient lodging such as a hotel, motel or extended stay facility where the person does not reside there as a primary residence, or does so for 90 consecutive days or less. Beyond 90 days, or under a written lease for more than 90 days, the chapter applies again. Which one a particular property is, is a question of fact about the letting that this page does not answer.
Can a Virginia landlord charge more than $50 for an application under § 55.1-1203?
Yes, to the extent of actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. Those amounts sit on top of the capped fee. What may not be added is an estimated or marked-up figure, or an internal cost where no third party was paid.
What is the application fee cap for HUD or public housing units in Virginia?
Under § 55.1-1203 it is $32, rather than the general $50 figure, and on the same exclusive-of-third-party-costs basis. The unit’s status is what selects the figure, so it has to be settled before a fee is quoted. Keep that separate from a chapter-level rule at § 55.1-1201(A): occupancy in a public housing unit is subject to the chapter, but where the chapter is inconsistent with HUD regulations, those regulations control.
Is a Virginia application deposit the same as the application fee?
No. The application deposit is a separate refundable instrument that may be taken in addition to the fee. The landlord may retain only its actual expenses, and the excess must be refunded with an itemization of those expenses.
How long does a Virginia landlord have to refund an application deposit?
Twenty days ordinarily. But where the deposit was paid in cash, or by certified check, cashier’s check or money order, the period is ten days. The applicant’s payment method is what selects the deadline, so it should be recorded when the money is taken.
Does a Virginia landlord have to itemize the application deposit refund?
Yes. The refund of the excess over the landlord’s actual expenses must be accompanied by an itemization of those expenses. A refund with no itemization does not discharge the obligation, and an expense that cannot be itemized cannot be retained.
Is the Virginia application fee rule changing?
A second version of Sec. 55.1-1203, effective 1 July 2027, renumbers the fee cap from subsection (C) to subsection (D) and adds a duty to give written notice before collecting, covering the fees, the tenant selection criteria, the automatic-denial criteria, the consumer reporting agency used, and the applicant’s rights regarding the report. It is not in force today, and a source citing subsection (D) for the cap is describing the future text.
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