Key Rules on Rent Increases & Rent Control in Virginia
A rent increase may impact a tenant's budget and living expenses, especially if the landlord asks for a significant increase. When unexpected, a rent increase may feel unfair and cause stress. In Virginia, state law does not prevent the landlord from asking for a rent increase at the end of the tenant's current lease. The tenant should understand Virginia's landlord-tenant laws to ensure that all parties fulfill their legal obligations to each other.
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Rent Control Laws
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According to the Office of Consumer Affairs, Virginia does not have a rental control law to limit the amount by which a landlord may choose to increase the rent. As such, the landlord may increase the rent by any amount. Some landlords look at comparable properties in the same area and base their rent increases on the rental market. However, the landlord cannot suddenly increase the tenant's rent during the lease term---the period of time covered by the current lease agreement signed by the tenant and landlord. If the landlord tries to increase the cost of rent at any time other than at the end of the lease term, the tenant may need to consult with a Virginia attorney who practices landlord-tenant law or with a Virginia legal-aid organization.
Notice of Rent Increase
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To increase the cost of rent after the end of the lease term specified in the landlord-tenant agreement, the landlord must give written notice to the tenant. The landlord must provide this notice at least 30 days before the next date when the tenant owes a rent payment.
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Tenant Who Stays
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If the landlord properly notifies the tenant that rent will increase after the end of the rental term specified in the tenant's lease, the tenant has several options. If the tenant accepts the increase in rent, the tenant may continue to live on the property according to the terms of the lease and pay the new amount. However, the tenant might need to consider signing a new lease if he wishes to have a formal agreement in place for another year or set period of time. Virginia law does not require the landlord to extend or renew the tenant's lease.
Tenant Who Moves Out
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The tenant may also try to negotiate with the landlord to avoid an increase in rent. If the tenant disagrees with the new cost of rent and can't negotiate a more favorable amount with the landlord, the tenant can choose to move out after the end of the lease term. The tenant should review the terms of the lease regarding the procedures to notify the landlord of the tenant's intent to move. In general, the tenant should provide written notice to the landlord. In addition, the Virginia Residential Landlord and Tenant Act (VRLTA) includes many state-law provisions related to the obligations of both landlords and tenants.
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