Virginia bounced rent checks: $50 charge, and a 14-day demand for certified funds
Virginia lets a holder of a bounced check claim the face amount, legal interest, the bank's return fee, a $50 processing charge and attorney's fees if a court awards them (Code 8.01-27.1). For rent, the residential lease law adds a 14-day notice that demands payment by cash, cashier's check, certified check or a completed electronic transfer.
What can you claim when a Virginia rent check bounces?
Code of Virginia 8.01-27.1(A) covers a claim against the drawer of a check refused for lack of funds or credit, or returned because of a stop-payment order placed in bad faith. The holder may claim, on top of the face amount: legal interest from the date of the check, the protest or bad check return fee charged by the holder's bank, a processing charge of $50, and reasonable attorney's fees if the court awards them.
Subsection (C) gives the same rights when an electronic funds transfer is rejected for insufficient funds or because the authorizing party placed a stop-payment order in bad faith. A failed bank transfer from a tenant is handled like a bad check.
Why does the rent chapter matter here?
Section 8.01-27.1 begins "Except as otherwise provided in Chapter 12 (55.1-1200 et seq.)" of Title 55.1, which is the Virginia Residential Landlord and Tenant Act. So for a residential rent check, read both. The general section sets the amounts, and the landlord-tenant chapter can change how they apply to a residential lease.
Subsection (B) is a guard rail for you. A holder who charges the drawer more than subsection A allows is, on demand, liable to the drawer for the lesser of two figures: $50 plus the excess, or twice the amount charged in excess. An oversized lease fee can therefore cost you more than it earns.
How does the 14-day certified funds notice work?
Code 55.1-1245 says that if a rent check is delivered to the landlord on an account with insufficient funds, or an electronic transfer is rejected for that reason or because a stop-payment order was placed in bad faith, the landlord can serve a written notice. The notice tells the tenant about the nonpayment and the landlord's intent to end the rental agreement if the rent is not paid by cash, cashier's check, certified check or a completed electronic funds transfer within 14 days.
If the tenant does not do so, the landlord may terminate the rental agreement and proceed to obtain possession through the court process the section points to. The same subsection says nothing stops the landlord from asking for costs or attorney fees under 8.01-27.1, or civil recovery under 8.01-27.2, in the unlawful detainer, provided the landlord has given notice under 55.1-1202. That notice may be included in the 14-day notice.
Example a made-up owner in Richmond has a $1,400 rent check returned on October 5. The owner serves the written 14-day notice on October 6, asking for cash, a cashier's check, a certified check or a completed transfer. The 14 days run to October 20 under the usual counting. If the tenant pays $1,400 by a listed method on or before that date, the tenancy continues. If not, the owner may begin the termination steps and ask the court for the $50 processing charge, the bank's fee and interest on top.
What should the Virginia owner keep on file?
- The bank's return notice, which shows the date and reason.
- The written notice, with proof of how and when it was served.
- The lease fee clause, so any returned payment fee stays at or under what 8.01-27.1(A) allows.
- A ledger line for each charge, separate from the rent.
How DoorKeeping fits in Virginia
Because tenants pay your own bank, DoorKeeping reads the return in your bank feed and shows it against the rent charge. Serving a notice or adding a fee is a money and legal step, so it waits for your one-tap approval. Rent and payments stay in your own bank accounts. These are general bad check statutes. Most do not name rent, so a tenant's rent check is covered only to the extent the text reaches it. This is general information, not legal advice. Check your lease and your own state's landlord-tenant act, and ask your own attorney before you demand money.
Sources
- Code of Virginia 8.01-27.1, Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers (Virginia General Assembly), read Oct 30, 2026
- Code of Virginia 55.1-1245, Noncompliance with rental agreement; monetary penalty (Virginia General Assembly), read Oct 30, 2026
Questions
- Can a Virginia landlord charge a processing fee on a bounced rent check?
- Code 8.01-27.1(A) lets the holder claim a $50 processing charge, plus the bank's return fee and legal interest, subject to the residential landlord-tenant chapter.
- What happens if a Virginia landlord charges more than the statute allows?
- Under 8.01-27.1(B), on demand the holder is liable for the lesser of $50 plus the excess or twice the excess amount charged.
- Can a Virginia landlord demand cash after a bounced rent check?
- Yes. Under 55.1-1245 the 14-day notice can require payment by cash, cashier's check, certified check or a completed electronic funds transfer.