Virginia Tenant Screening Laws: What Landlords Can and Cannot Do
Virginia caps the application fee, limits deposits to two months, and protects source of income – the VRLTA, the FCRA, and fair housing law all apply. Here is how to screen legally in 2026.
Tenant screening in Virginia is shaped by the Virginia Residential Landlord and Tenant Act (VRLTA), which caps the application fee, limits the deposit, and pairs with the Virginia Fair Housing Law that protects source of income. Layered on top is the federal Fair Credit Reporting Act, which governs every screening report.
This guide walks through the fee cap, the deposit limit, source-of-income protection, and adverse action. If you are new to the mechanics, our overview of how to screen tenants step by step pairs well with the Virginia-specific rules below.
Video: a plain-language walkthrough of Virginia tenant screening, application fees, deposits, and adverse action.
Key Takeaways: Virginia Tenant Screening Laws
- Application fees are capped. Under the VRLTA a nonrefundable application fee may not exceed fifty dollars, separate from the actual out-of-pocket cost of screening.
- Deposits are limited to two months’ rent and must be returned within forty-five days with an itemized statement.
- Source of income is protected statewide. A landlord generally cannot reject an applicant for paying rent with a voucher.
- Disclosure is on the first page. As of mid-2025, the deposit and recurring fees must appear on the first page of the written lease.
What Virginia Law Lets You Screen
Virginia landlords may screen credit, rental and payment history, income, and criminal background with written authorization, and may decline applicants who fail objective written standards. The VRLTA sets the cost and deposit rules around that screening, not the right to do it.
Apply your standards identically to every applicant, since Virginia protects a broad set of characteristics including source of income. Our guide to the minimum credit score for renting explains how to set a threshold that screens for risk without screening out a protected class.
The Fifty-Dollar Application-Fee Cap (VRLTA)
Virginia caps what you can charge to apply. Under the VRLTA, a nonrefundable application fee may not exceed fifty dollars, separate from the actual out-of-pocket costs the landlord pays a third party for the screening itself. If the screening costs less than expected, the unused portion of certain charges may have to be returned.
The cap is statewide and applies to most residential rentals covered by the VRLTA. Charging a flat application fee well above the cap, common in permissive states, is not lawful in Virginia.
Put the numbers on page one
As of mid-2025, Virginia requires the security deposit and all recurring fees to be displayed on the first page of the written rental agreement. Bury them deeper in the lease and you are out of compliance.
Security Deposits: Two Months, Returned in Forty-Five Days
Virginia limits the security deposit to two months’ rent, regardless of property type or the applicant’s qualifications. The cap is firm, and it cannot be evaded by relabeling part of the deposit as a different charge.
After the tenancy ends, the landlord must return the deposit with an itemized statement of deductions within forty-five days. Our deeper look at Virginia security deposit laws covers permitted deductions, the move-out inspection, and the itemization rules.
Source of Income Is a Protected Class
Virginia protects source of income under the Virginia Fair Housing Law. A landlord generally cannot refuse to rent to, or refuse to consider, an applicant simply because their rent would be paid in whole or part with a Housing Choice Voucher or other lawful assistance.
You may still apply the same income, credit, and rental-history standards to a voucher holder that you apply to everyone else – the protected trait is the income source, not the screening criteria. For the full list of protections, see our Fair Housing Act guide for landlords.
Criminal History, Credit, and Eviction Records
A criminal record can be a lawful basis to decline in Virginia, but a blanket no-record policy is the most common fair housing trap. HUD’s 2016 guidance treats criminal-records screening under a disparate-impact lens, so a flat ban can violate the federal Fair Housing Act even without intent. Use an individualized assessment tied to the offense, how recent it is, and safety.
Credit history and prior evictions are cleaner when your standard is objective and consistently applied. You can read how eviction filings arise on our Virginia eviction notice laws page. Decide your criteria in advance and apply them the same way every time.
The FCRA: Consent and Adverse Action
On top of the VRLTA, the federal Fair Credit Reporting Act governs every screening report. You need a permissible purpose and written authorization before ordering the report, and you must send an adverse action notice if the report drives a denial, a higher deposit, or a co-signer demand.
The notice must name the reporting agency, state that it did not make the decision, and explain the applicant’s right to a free copy and to dispute it. Our FCRA compliance guide and the companion walkthrough of the adverse action notice spell out the requirements.
Fair Housing Compliance for Virginia Landlords
The Virginia Fair Housing Law and the federal Act demand the same discipline, and Virginia’s source-of-income protection raises the stakes: uniform criteria, uniform application, and documentation showing you treated every applicant by the same yardstick, voucher holders included.
Publish your criteria before you advertise, screen every applicant against the identical standard, and keep the file. A consistent record is your strongest answer to any complaint.
A Compliant Virginia Screening Process
Turn the rules into one repeatable sequence. First, publish objective criteria. Second, keep the application fee within the fifty-dollar cap and account for the actual screening cost. Third, get written consent and order the report. Fourth, evaluate every applicant against the identical standard, including voucher holders. Fifth, if you decline based on a report, send the adverse action notice promptly – and show the deposit and fees on the first page of the lease.
Income verification still matters; our guide to verifying tenant income shows how to confirm ability to pay without singling anyone out. Run the same steps for every applicant and your file will tell a clean, consistent story.
Common Mistakes That Create Liability
The recurring Virginia errors are charging an application fee above the cap, over-collecting on the two-month deposit, missing the forty-five-day return, rejecting voucher income, and failing to put the deposit and fees on the first page of the lease. Denying an applicant on a report without the FCRA notice rounds out the list – each one a direct violation of a specific rule.
One standard, every applicant. Virginia caps the fee, limits the deposit, and protects source of income. Build the fifty-dollar cap, the two-month limit, the first-page disclosure, and source-of-income compliance into your standard workflow.
Screening Voucher Holders in Virginia
Because Virginia protects source of income, screening a voucher holder deserves its own routine. Count the voucher toward the applicant’s ability to pay, and apply any income-to-rent ratio to the portion of the rent the tenant actually pays rather than the full contract rent, since the subsidy covers the rest. Imposing a higher income multiple on a voucher holder than on a market-rate applicant is precisely the kind of rule that becomes a source-of-income violation.
You may still verify identity, run credit and criminal screening on the same terms as everyone else, and confirm rental history. The protection is narrow and specific: it bars treating the source of the money as a disqualifier, not the legitimate, evenly applied criteria you use for every applicant. Document that a voucher holder was screened against the identical standard, and the file defends itself if the decision is ever questioned.
Documentation and Recordkeeping in Virginia
Virginia’s specific caps mean your records either prove compliance or expose the gap. For every applicant, keep the signed authorization, a dated copy of the written criteria, the screening results, the accounting that shows the application fee stayed within the cap and matched actual costs, and every adverse action notice. That file answers a fee or source-of-income complaint.
On the deposit, retain the lease page that displays the deposit and recurring fees, the itemized statement delivered within forty-five days, the move-out inspection records, dated photographs, and repair invoices. Because the deposit is capped at two months, the file should also show you never exceeded it.
Set one retention policy and apply it to every applicant, approved or denied. A consistent multi-year record of authorizations, criteria, screening results, fee accounting, adverse action notices, and deposit accountings is what answers a fair housing inquiry or a deposit dispute. The record of identical treatment is as important as any single decision in it.
Do
- ✓Publish your written screening criteria before you advertise, and apply them to every applicant.
- ✓Get written authorization before pulling any report, and keep the signed consent on file.
- ✓Send an FCRA adverse action notice on every denial that rests on a consumer report.
- ✓Assess any criminal record case by case, weighing the offense, how recent it is, and safety.
- ✓Handle the security deposit and its return exactly as the state statute requires, and document it.
Avoid
- ✕Charge uneven application fees, or collect a fee with no genuine screening behind it.
- ✕Treat a permissive state as a lawless one – the FCRA and federal fair housing law always apply.
- ✕Apply a blanket ban on any criminal record, which risks a disparate-impact violation.
- ✕Improvise your standards applicant by applicant instead of following one written rubric.
- ✕Skip the deposit paperwork the statute requires, from itemization to any required notices.
Virginia Tenant Screening Laws: FAQ
Can a Virginia landlord run a background check on an applicant?
Yes. With written authorization you may obtain a consumer report covering credit, rental history, income, and criminal convictions. The federal Fair Credit Reporting Act requires a permissible purpose and consent before any screening report is pulled.
How much can a Virginia landlord charge for an application fee?
Under the VRLTA, a nonrefundable application fee may not exceed fifty dollars, separate from the actual out-of-pocket cost the landlord pays a third party for the screening itself.
What is the maximum security deposit in Virginia?
Two months’ rent. The landlord must return the deposit with an itemized statement of deductions within forty-five days after the tenancy ends.
Is source of income a protected class in Virginia?
Yes. The Virginia Fair Housing Law protects source of income, so a landlord generally cannot reject an applicant solely because rent would be paid with a voucher or other lawful assistance.
Does Virginia require fees on the first page of the lease?
Yes. As of mid-2025, the security deposit and all recurring fees must be displayed on the first page of the written rental agreement.
Can a Virginia landlord deny an applicant for a criminal record?
A conviction can be a lawful reason to decline, but blanket bans are risky. HUD’s 2016 guidance warns that a flat no-record policy can create a disparate-impact violation, so use an individualized assessment tied to the offense, how recent it is, and safety.
Does a Virginia landlord have to send an adverse action notice?
Yes. If a denial, a higher deposit, or a co-signer requirement rests in any part on a consumer report, the FCRA requires an adverse action notice naming the reporting agency and explaining the right to a free report and to dispute it.
Does the VRLTA regulate tenant screening in Virginia?
Yes. The VRLTA caps the application fee at fifty dollars, limits the deposit to two months, requires the forty-five-day itemized return, and now requires the deposit and fees on the first page of the lease.
How long should a Virginia landlord keep tenant screening records?
Keep applications, signed authorizations, screening results, adverse action notices, and deposit accountings for every applicant – approved or denied – for several years. In Virginia, a consistent retention policy is the evidence that you treated every applicant by the same standard if a fair housing or deposit dispute later arises.
When must a Virginia landlord send the adverse action notice?
Send it promptly whenever a consumer report contributes to an adverse decision – a denial, a higher deposit, or a co-signer requirement. The FCRA notice must name the reporting agency, state that it did not make the decision, and tell the Virginia applicant how to get a free copy of the report and dispute any error.
Related Virginia and Screening Guides
- Tenant screening laws by state – compare Virginia to the rest of the country.
- Virginia security deposit laws – deductions, itemization, and the return deadline.
- Virginia eviction notice laws – notice periods and the eviction timeline.
- Virginia rent increase laws – notice rules for raising the rent.
- Virginia late fee laws – what you can charge for late rent.
- How a tenant background check works – what a report includes.
- Virginia habitability laws – your maintenance obligations as a landlord.
Screen Virginia Applicants the Compliant Way
Order FCRA-ready credit, criminal, and eviction reports and keep your Virginia process consistent from application to decision.
Published by Tenant Screening Background Check · Editorial Team
Established 2004. Our editorial team has spent two decades helping landlords and property managers run lawful, FCRA-compliant tenant screening across all 50 states. We translate state landlord-tenant codes and federal screening rules into processes you can actually follow.
Legal Disclaimer
This article is for general informational purposes only and is not legal advice. Virginia and federal laws change, and how they apply depends on your specific facts. Before acting on any screening, fee, deposit, or fair housing question, consult a licensed attorney in Virginia. Reading this page does not create an attorney-client relationship.
