Landlord Entering Without Notice in Virginia: What Are My Rights?

When your landlord can come in

1. 1

   In Virginia, your landlord can enter your home to inspect it. Your landlord can also enter to do repairs or make other changes that are necessary or agreed to. Your landlord can also enter to provide a service that is necessary or agreed to. Your landlord can also enter to show the home to a possible buyer or new renter. You should not refuse one of these requests without a good reason.

   Source:

   1. § 55.1-1229(A)(1), Code of Virginia. Law.
2. 2

   If you refuse to let your landlord in without good reason, your landlord can ask a court to order you to allow it. Your landlord can also end the lease instead, and get money for the harm this caused plus lawyer's fees, from you.

   Source:

   1. § 55.1-1210, Code of Virginia. Law.
3. 3

   Your landlord must tell you before coming in, unless it is an emergency or there is no time to tell you first. Your landlord may come only at a reasonable time.

   Source:

   1. § 55.1-1229(A)(4), Code of Virginia. Law.
4. 4

   If your landlord wants to do routine maintenance you did not ask for, your landlord must normally give you at least 72 hours notice. Your landlord then has 14 days from that notice to finish the work.

   Source:

   1. § 55.1-1229(A)(4), Code of Virginia. Law.
5. 5

   If you are the one who asks for the repair or service, your landlord does not have to give you notice before coming in.

   Source:

   1. § 55.1-1229(A)(4), Code of Virginia. Law.
6. 6

   In an emergency, your landlord can enter your home without asking you first or giving you notice ahead of time. Your landlord cannot abuse this right or use it to pressure or bother you.

   Source:

   1. § 55.1-1229(A)(4), Code of Virginia. Law.
7. 7

   Your landlord cannot misuse the right to enter your home, and cannot use it to keep bothering you.

   Source:

   1. § 55.1-1229(A)(4), Code of Virginia. Law.
8. 8

   Beyond giving notice or acting in an emergency, your landlord can enter your home only for these reasons. A court order lets your landlord in, and so does you moving out or abandoning the home. Your landlord can also enter, after written notice, to fix a problem you caused that seriously affects health or safety. In an emergency, your landlord can make that repair right away and bill you for it. If you are away from home for more than 7 days, your landlord can also enter to protect their property.

   Sources:

   1. § 55.1-1229(C), Code of Virginia. Law.
   2. § 55.1-1248, Code of Virginia. Law.
   3. § 55.1-1249, Code of Virginia. Law.

Your locks

9. 9

   You may add extra security devices to your home, like a chain lock approved by your landlord or a fire alarm. The devices must not cause lasting damage to your home. You must give your landlord a copy of all keys and instructions for these devices. When you move out, you must pay your landlord back for removing the devices and fixing any damage they caused.

   Source:

   1. § 55.1-1229(D), Code of Virginia. Law.
10. 10

    If your landlord locks you out of your home on purpose, without a court's permission, this is illegal. The same is true if your landlord removes you from your home this way.

    Source:

    1. § 55.1-1243.1(A), Code of Virginia. Law.
11. 11

    If your landlord unlawfully locks you out, you can ask a Virginia general district court (the local court that handles these cases) to act. The court must hold a first hearing within 5 calendar days of the day you file your request. The court can act right away, before the hearing, if there is good cause and you tried to tell your landlord about the case.

    Source:

    1. § 55.1-1243.1(C), Code of Virginia. Law.

If your landlord comes in without notice

12. 12

    If your landlord enters without telling you first, or without a good reason, write down the date and time of each visit. Photos and text messages from your landlord also help if you go to court. Keep these records so you can show them to a lawyer or a judge later.

    Source:

    1. Our editorial rules.
13. 13

    If your landlord enters your home illegally or in an unreasonable way, you can ask a court to order your landlord to stop. You can also end your lease instead, and get money for the harm this caused plus your lawyer's fees. Ending your lease means you must move out, so only choose this if you are sure. You get this money only if you win your case and your landlord pays.

    Sources:

    1. Our editorial rules.
    2. § 55.1-1210, Code of Virginia. Law.
14. 14

    If you win your case, you can get money to cover your losses, plus $5,000 or 4 months of rent, whichever is more. For example, if your rent is $1,500 a month, 4 months of rent is $6,000, which is more than $5,000. Your landlord must also pay your lawyer's fees. You get this money only if you win your case and your landlord pays.

    Sources:

    1. Our editorial rules.
    2. § 55.1-1243.1(D), Code of Virginia. Law.