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Free Virginia Rental Application

Virginia caps the application fee at $50 under Va. Code § 55.1-1203(C) — but exclusive of what the landlord actually pays a third party for checks, and only $32 for HUD-regulated or public housing. A separate refundable application deposit may also be taken, with its own itemised refund clock.

$50 Cap + Third-Party Costs, $32 HUD/Public Va. Code § 55.1-1203(C) Virginia Free PDF
Updated Q3 2026 By Tenant Screening Background Check Editorial Team Reviewed for Virginia ~12 min read

Va. Code § 55.1-1203(C) caps a Virginia rental application fee at fifty dollars, exclusive of any actual out-of-pocket amounts the landlord pays a third party for background, credit or other pre-occupancy checks. For a HUD-regulated or public housing unit the cap is thirty-two dollars. Separately, a refundable application deposit may be taken, and the excess over the landlord’s actual expenses must be refunded with an itemisation within twenty days — ten if the deposit was paid in cash, or by certified or cashier’s check or money order.

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$50, but not $50 all in

The word doing the work in § 55.1-1203(C) is exclusive. The fifty-dollar cap applies to the landlord’s own application fee; it sits on top of, rather than including, the actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. So an applicant may lawfully be asked for more than fifty dollars in total, provided the excess is genuinely a pass-through of third-party cost. That is worth understanding before disputing a bill — and it is worth asking for the third-party amounts to be identified separately, because only the landlord’s own fee is subject to the cap.

Build your Virginia rental application
PROPERTY APPLIED FOR
APPLICANT
OTHER OCCUPANTS & CO-APPLICANTS
CURRENT ADDRESS
PREVIOUS ADDRESS
EMPLOYMENT & INCOME
REFERENCES
APPLICATION FEE
VA CODE 55.1-1203(C) – $50 PLUS THIRD-PARTY COSTS
SCREENING CONSENT
EXECUTION
ACKNOWLEDGEMENTS

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Virginia rental application at a glance

Application fee cap

$50 + actual third-party check costs (§ 55.1-1203(C))

HUD-regulated or public housing

$32

Exclusive of

Actual third-party check costs

Application deposit refund

Itemised, within 20 days — 10 if paid in cash or guaranteed funds

Virginia note: A SECOND VERSION of § 55.1-1203 takes effect 1 July 2027. It adds written pre-collection notice duties and renumbers the fee cap from (C) to (D).

The application deposit is a separate thing with its own clock

Virginia distinguishes the application fee from the application deposit, and an applicant may be asked for both. The deposit is refundable: the excess over the landlord’s actual expenses must come back with an itemisation, within twenty days — reduced to ten days where the deposit was paid in cash or by certified cheque, cashier’s cheque or money order. The shorter clock for guaranteed funds is a small detail with a practical point: money the landlord did not have to wait to clear comes back faster. Record which method was used, because it changes the deadline.

How to use a Virginia rental application

The five-step sequence

Ask what is fee and what is third-party cost

The $50 cap in § 55.1-1203(C) is exclusive of actual third-party check costs, so the split determines whether a larger total is lawful.

Check whether the unit is HUD-regulated or public housing

If it is, the cap is $32 rather than $50.

Note whether you paid an application DEPOSIT as well

It is a separate, refundable sum with its own itemised refund duty.

Record how you paid the deposit

Cash or guaranteed funds shorten the refund clock from twenty days to ten.

Watch for the 2027 version

A second version of § 55.1-1203 takes effect 1 July 2027, adding pre-collection notice duties and renumbering the cap to (D).

About the Virginia rental application

A rental application creates no tenancy; it identifies an applicant and records their consent to be screened. Virginia is one of the few states in this set that regulates both halves of the money — a capped fee and a refundable deposit with an itemised return — and one of three whose rules are already scheduled to change. The generator above records the landlord’s own fee separately from third-party check costs, because only the former is subject to the cap, and that separation is the whole of the analysis.

What a Virginia application should record

  • The property applied for and the desired move-in date
  • The applicant’s full legal name, date of birth and government ID
  • Current and previous addresses with the landlords’ contact details
  • Employer, position, gross monthly income and a verification contact
  • The landlord’s application fee, against the $50 cap in § 55.1-1203(C)
  • Whether the unit is HUD-regulated or public housing, where the cap is $32
  • Actual out-of-pocket third-party check costs, recorded separately
  • Any application deposit, and how it was paid
  • Written consent to obtain a consumer report, signed and dated
  • An address for any adverse-action notice if the application is declined

Common Virginia mistakes

  • Reading the cap in § 55.1-1203(C) as a total. It is exclusive of actual third-party costs for background, credit or other pre-occupancy checks, so a larger total can be lawful.
  • Applying $50 to public housing. The cap is $32 for a HUD-regulated or public housing unit.
  • Confusing the fee with the deposit. They are separate. The deposit is refundable and carries an itemised refund duty; the fee does not.
  • Using the twenty-day clock for a cash deposit. It is ten days where the deposit was paid in cash or by certified or cashier’s check or money order.
  • Citing subsection (C) after 1 July 2027. The second version renumbers the fee cap to (D) and adds written pre-collection notice duties.

How much can a Virginia landlord charge for an application?

Fifty dollars — plus what the checks actually cost. Va. Code § 55.1-1203(C) caps the application fee at $50, and that cap is exclusive of the actual out-of-pocket amounts the landlord pays a third party for background, credit or other pre-occupancy checks.

For a HUD-regulated or public housing unit the figure is lower: $32.

So a bill above $50 is not automatically unlawful

The question is what the excess is. The landlord’s own fee is capped by § 55.1-1203(C); genuine third-party pass-through costs sit outside it. Which means the useful request is not “why is this more than $50?” but “which part of this is your fee and which part is what the check actually cost you?”.

The application deposit is a different animal

Virginia allows a refundable application deposit in addition to the fee, and it is governed differently. The excess over the landlord’s actual expenses must be refunded with an itemisation.

The deadline depends on how it was paid:

  • Twenty days in the ordinary case;
  • Ten days where the deposit was paid in cash, or by certified cheque, cashier’s cheque or money order.

The shorter period for guaranteed funds has a straightforward logic: the landlord never had to wait for those to clear, so it does not need as long to return them. It is a small detail that is easy to overlook and changes the date by ten days, so it is worth recording how the deposit was paid at the time.

Two figures, two different jobs

It is worth being clear about why Virginia has both. The fee compensates the landlord for the work of processing and screening; it is capped and it does not come back. The deposit is the applicant’s money held against actual expenses; it is refundable to the extent it was not spent, and the itemisation is how the applicant sees what was.

An applicant asking about their money should therefore be clear which they paid. The two questions — “was the fee within the cap?” and “has the unspent deposit been itemised and returned?” — have different answers and different deadlines.

What changes on 1 July 2027

A second version of § 55.1-1203 takes effect on 1 July 2027. It adds a duty to give written notice, before collecting anything, of the fees, the tenant selection criteria, the automatic-denial criteria, the consumer reporting agency being used, and the applicant’s rights in respect of the report.

It also renumbers the fee cap from subsection (C) to subsection (D). That is a citation trap waiting to happen: a page or a form citing “§ 55.1-1203(C)” will be pointing at the wrong subsection after that date, even though the cap itself continues.

The direction of travel is worth noting too. The 2027 version moves Virginia towards the Texas model — disclosure of criteria before money changes hands — on top of the cap it already has.

What the application itself should capture

The decisive Virginia field is the split between the landlord’s own fee and third-party check costs, because only the first is capped. After that, whether an application deposit was taken and how it was paid, since that sets the refund deadline.

Beyond the money, the consent to obtain a consumer report is what makes screening lawful, and the adverse-action acknowledgement matters because an applicant declined wholly or partly because of a consumer report is entitled under the federal Fair Credit Reporting Act (15 U.S.C. § 1681m) to be told so and given the reporting agency’s details — a point the 2027 version of the section makes explicit at the front end as well. Our guide to how to screen tenants covers the landlord’s side.

An application is not a lease

Signing one binds nobody to a tenancy. A tenancy begins only if the landlord accepts the application and the parties sign a rental agreement, and the terms that then govern come from that agreement and the law behind it rather than from anything on the application.

Where the application sits in Virginia law

An application is the one moment in a tenancy when a stranger’s history is examined, so it is worth knowing what is being looked at. Eviction records are part of most screenings, and what they mean depends on how the process works locally — our guide to Virginia eviction notice laws sets out the notices and timelines that produce those records in the first place.

If the application succeeds, the next money question is the deposit, and it is a different question from the fee discussed here: an application fee buys screening, a deposit secures the tenancy and is generally refundable. Virginia security deposit laws cover what may be held and when it has to come back.

For everything the application stage does not settle — the obligations that begin once a tenancy starts, and the rules that apply to both parties throughout it — see Virginia landlord tenant laws.

Bottom line

$50 under Va. Code § 55.1-1203(C), but exclusive of actual third-party check costs — so a larger total can be lawful. $32 for HUD or public housing. A separate refundable application deposit carries an itemised refund within 20 days, or 10 if paid in cash or guaranteed funds. Note: a second version on 1 July 2027 renumbers the cap to (D).

Frequently Asked Questions

How much can a Virginia landlord charge for a rental application?

Va. Code § 55.1-1203(C) caps the application fee at $50, exclusive of the actual out-of-pocket amounts paid to a third party for background, credit or other pre-occupancy checks. For a HUD-regulated or public housing unit the cap is $32.

So why am I being asked for more than $50?

Possibly lawfully. The cap in § 55.1-1203(C) covers the landlord’s own fee and is exclusive of genuine third-party check costs. Ask which part is which.

What is an application deposit?

A separate, refundable sum. The excess over the landlord’s actual expenses must be refunded with an itemisation.

How long does the deposit refund take?

Twenty days — or ten days where the deposit was paid in cash, or by certified or cashier’s check or money order.

Is the application fee refundable?

The fee and the deposit are treated differently: the deposit carries the itemised refund duty. The fee is the capped charge for processing and screening.

Is anything changing?

Yes. A second version of § 55.1-1203 takes effect 1 July 2027, adding written pre-collection notice of the fees, the tenant selection criteria, the automatic-denial criteria, the consumer reporting agency and the applicant’s report rights — and renumbering the fee cap from (C) to (D).

What happens if I am declined because of my credit report?

You are entitled to be told the decision rested wholly or partly on a consumer report and to be given the reporting agency’s details so you can obtain it and dispute anything inaccurate — the report is free if you ask the agency within sixty days of being told.

Does signing an application commit me to renting?

No. An application creates no tenancy. One begins only if the landlord accepts it and the parties sign a rental agreement.

Screen Virginia tenants thoroughly before move-in

A solid tenant relationship starts with thorough screening. Tenant Screening Background Check has been verifying renters since 2004 — credit, eviction filings, criminal background, and employment — across all 50 states and DC.

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Legal Disclaimer: This page is general information about Virginia law, not legal advice, and it does not create a lawyer-client relationship. The rules described here were read from Virginia Law; this page summarises them rather than reproducing the text. Statutes are amended and local ordinances may impose additional requirements. Confirm the current rule for your property, or consult a Virginia attorney, before acting on anything here.