A Virginia rental application is a form that prospective renters use to apply for a rental property and typically asks for an applicant’s personal information, rental history, financial statements, and references from employers or former landlords. While there are general compliance requirements for any rental application, landlords must also consider specific Virginia rental application laws.
Virginia laws governing tenant screening and rental applications protect tenants from discrimination and ensure fair and equal access to rental housing. Informational only; not legal advice.
- Discrimination laws: Virginia law prohibits landlords from discriminating against potential tenants based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or familial status. Virginia Fair Housing Law (Va. Code Ann. §§ 36-96.1-36-96.20).
- Credit checks: Landlords in Virginia may conduct credit checks on potential tenants, but they must obtain written consent from the tenant before doing so. The landlord must provide a copy of the credit report to the tenant if requested. Fair Credit Reporting Act (15 U.S. Code § 1681).
- Criminal background checks: In Virginia, landlords are allowed to conduct criminal background checks on potential tenants. However, landlords must comply with certain restrictions on the type of information that can be considered. For example, landlords cannot consider arrests that did not lead to a conviction or criminal records that have been expunged or sealed. Virginia Consumer Protection Act (Va. Code Ann. §§ 59.1-196 to 59.1-207).
- Application fees: Landlords in Virginia may charge application fees to potential tenants, but these fees may not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord to a third party performing background, credit, or other pre-occupancy checks on the applicant. Where an application is being made for a dwelling unit that is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, the application fee may not exceed $32, exclusive of any actual out-of-pocket expenses paid to a third party by the landlord performing background, credit, or other pre-occupancy checks on the applicant. (Va. Code Ann. §55.1-1203).
- Tenant screening criteria: Landlords in Virginia must have written screening criteria that are applied consistently to all potential tenants. The criteria must be based on legitimate business reasons, such as credit history, income, and rental history. Virginia Residential Landlord and Tenant Act (Va. Code Ann. §§ 55.1-1200 to 55.1-1260).
- Fair Housing Act: Landlords in Virginia must comply with the Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Federal Fair Housing Act (42 U.S. Code § 3601).
In addition, Virginia has laws related to the use of tenant screening reports. This includes the Virginia Consumer Protection Act (Va. Code Ann. §§ 59.1-196 to 59.1-207), which sets requirements for the accuracy, completeness, and timeliness of screening reports. It also includes the Virginia Data Breach Notification Act (Va. Code Ann. §§ 18.2-186.6 to 18.2-186.13), which requires landlords to take certain steps to protect tenants' personal information during the rental application and tenant screening process.