Virginia: Rent Increase Notice Requirements

Virginia's current notice rules

Virginia has two distinct statutory paths. Under Va. Code § 55.1-1204(K),
a landlord covered by the ownership threshold must give written notice of an
increase for the subsequent rental-agreement term at least 60 days before the
current term ends. The rule applies when the tenant has a renewal option or the
agreement contains an automatic-renewal provision. It is not a general 60-day
rule for every Virginia tenancy.

Under Va. Code § 55.1-1253(D), a different clock applies after a rental
agreement terminates when the landlord agrees that the tenant may remain as a
holdover or month-to-month tenant and the parties do not enter a new agreement.
The written notice must state the new rent, and that rent cannot begin until the
next rent due date that comes 30 days after notice. If notice is given on August
10 and rent is due on the first, the first eligible due date is October 1, not
September 1.

Virginia sets no general statewide percentage cap and no separate statewide
limit on how frequently rent may increase. Local law may add requirements.

What trips people up

The two notice periods are not interchangeable. Section 55.1-1204(K)
addresses the rent for a subsequent renewal term and is limited by the
landlord's ownership and the tenant's renewal rights. Section 55.1-1253(D)
addresses continued occupancy by consent after termination, without a new
agreement, and measures 30 days forward to the next rent due date.

A third timing rule is already enacted but not yet effective. On July 1,
2027, the future version of § 55.1-1204(K) will change the covered renewal
notice from 60 to 90 days before term end. It will also require the notice to
give the tenant a renewal-response deadline no sooner than 30 days after the
notice is delivered. The official code identifies that future text as enacted
by 2026 Acts chapter 1066; it is not the current rule.

For an unexpired lease, § 55.1-1204(I) says a unilateral change is not valid
unless notice complies with the agreement or other law and both parties consent
in writing. Advance notice alone therefore does not create a unilateral
mid-term power to change the rent.

Common questions

Does every Virginia landlord have to give 60 days' notice?

No. The current 60-day renewal rule applies to a landlord owning more than four
rental dwelling units, or more than a 10% interest in more than four units, and
to a tenant with a renewal option or automatic-renewal provision. The statute
also states an exclusion for the periodic tenancy it identifies by cross-
reference.

When does the 30-day holdover increase take effect?

Not merely on day 30. Section 55.1-1253(D) says the new amount starts on the
next rent due date coming 30 days after notice. The due-date language can push
the first higher payment beyond the thirtieth day.

Is a 20% increase prohibited by Virginia state law?

These provisions set notice and consent rules, not a statewide percentage
ceiling. The lease and any applicable local or other law still matter.

Statutes and sources

• Va. Code § 55.1-1204(I), (K), effective until July 1, 2027. Written
  consent for unilateral changes and the current 60-day covered-renewal rule.
  Official code
  (accessed July 12, 2026).
• Va. Code § 55.1-1253(D). The consented holdover/month-to-month rule and
  the rent due date coming 30 days after written notice.
  Official code
  (accessed July 12, 2026).
• Va. Code § 55.1-1204(K), effective July 1, 2027; 2026 Acts chapter 1066.
  The enacted future 90-day renewal notice and response-deadline requirement.
  Official future code text
  (accessed July 12, 2026).
• VA HB 278 and SB 355 (2026). Pending companion proposals to authorize
  specified local anti-rent-gouging ordinances. Both were continued to the next
  session. HB 278 official record
  and SB 355 official record
  (checked July 31, 2026).