Virginia rental application fee law: $50 plus actual costs, and a new notice rule in 2027
Va. Code 55.1-1203 limits an application fee to $50, not counting what you actually pay a third party for background or credit checks. A refundable application deposit follows separate refund deadlines, and a notice requirement takes effect on July 1, 2027.
How big can the fee be?
Subsection C of the current version says an application fee shall 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. For a public housing unit or another unit regulated by the U.S. Department of Housing and Urban Development, the figure is $32 plus the same out-of-pocket exclusion.
Example a made-up landlord pays a screening company $38 for one applicant. The most the landlord may collect is $50 plus the $38, or $88, if the $38 was actually paid out of pocket. For a HUD-regulated unit the ceiling would be $32 plus $38, or $70.
What about an application deposit?
Subsection A allows a refundable application deposit in addition to a nonrefundable application fee. If the applicant fails to rent the unit, you refund all sums above your actual expenses and damages, with an itemized list, within 20 days after the failure to rent or your rejection. If the deposit was paid in cash, by certified check, cashier's check or postal money order, the refund is due within 10 days when the failure to rent comes from your rejection. A landlord who does not comply owes the portion wrongfully withheld and reasonable attorney fees.
What can you ask the applicant for?
Subsection B lets a landlord request information to decide whether each applicant may become a tenant, photocopy a driver's license or similar photo ID, and require a Social Security number or an individual taxpayer identification number. A U.S. government-issued identification may not be photocopied where that would violate 18 U.S.C. 701. Subsection D requires you to consider evidence that an applicant is a victim of family abuse to offset an otherwise qualified applicant's low credit score; the applicant can submit a letter from a program, counselor or attorney, a police report or a court order. A landlord who does not comply owes actual damages, including all amounts paid as fees, deposit or out-of-pocket reimbursement, plus attorney fees.
What changes on July 1, 2027?
The 2027 version, adopted by a 2026 act, adds a first subsection. Before requesting or collecting any payment or information, the landlord must notify the applicant in writing, or by posting in a manner accessible to a prospective tenant, of six things: the amount of any fees or application deposit and whether each is refundable, the tenant selection criteria, any criteria that lead to automatic denial, other criteria that may lead to denial, the name and address of the consumer reporting agency if a consumer report is used, and the applicant's right to a free copy of the report after a denial and to dispute it. The $50 and $32 limits, the deposit rules and the other subsections carry over under new letters.
If your application page is built for July 2027 now, you will not need to rebuild it later.
How DoorKeeping fits
DoorKeeping lists your fee, whether any deposit is refundable and your criteria on the application page before an applicant enters a thing, and keeps a dated copy of what they saw. It shows the 10 and 20 day refund dates for any application deposit on your list. DoorKeeping never holds your money and sends a payment only when you approve it. This is general information, not legal advice. Check the current statute or ask a local attorney before you rely on it.
Sources
Questions
- What is the maximum application fee in Virginia?
- $50, not counting actual out-of-pocket third-party check costs, or $32 for public housing and other HUD-regulated units (also not counting those costs).
- How fast must a Virginia application deposit be refunded?
- Within 20 days after the failure to rent or rejection, or within 10 days for deposits paid in cash, certified check, cashier's check or postal money order when the landlord rejects the application.
- What new notice does Virginia require in 2027?
- Starting July 1, 2027, a written or posted notice of fees, whether refundable, selection and denial criteria and consumer report rights before collecting any payment or information.