What new rental laws will need your attention in 2026?
Complying with state and federal laws is essential to effectively renting out homes. We want to highlight some new laws from Virginia’s legislative session of 2025. If you have any questions about laws and legal compliance, we strongly recommend you contact us. Legal mistakes are easy to make and often expensive to correct.
Quick Overview:
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Disclosing Rental Fees
Landlords are required to disclose all rental fees in writing before signing a lease. This includes not just monthly rent but additional fees such as administrative charges, late fees, pet fees, utility surcharges, parking, and more.
The new law mandates that fees must be listed in the lease agreement or a separate written disclosure document accompanying the lease. If you are planning to charge your tenant any of the following fees, you’ll have to make sure these fees are disclosed in the lease:
Application fees
Security deposits
Pet fees or pet rent
Administrative or processing fees
Utility service charges (if billed separately)
Parking fees
Trash or recycling service fees
Late payment fees or penalties
Any recurring or one-time charges related to the tenancy
If a tenant might be charged for it during their lease term, it must be disclosed up front.
This law is part of a broader push across the U.S. to increase transparency in housing and protect tenants from hidden costs. By requiring landlords to disclose fees early, the law helps renters make better-informed decisions about affordability.
For landlords, this means more paperwork, fewer misunderstandings, and potentially fewer disputes. Tenants who understand the full cost of renting are more likely to be satisfied with their lease agreement and less likely to challenge charges later.
Precision is important. Only the security deposit amount, rent due per lease period, and any one-time charges due before move-in must be listed on the first page of a lease, and the statement must precede that list: "No additional security deposits or rent shall be charged unless they are listed below or incorporated into this agreement by way of a separate addendum after execution of this rental agreement."
Failing to disclose all fees adequately could result in legal consequences. Tenants who discover undisclosed charges may have grounds to dispute or refuse payment. In some cases, landlords could face civil penalties or be forced to refund improperly charged fees.
To protect yourself, ensure your lease agreements are updated and your leasing process includes clear, written disclosure of all fees before any lease is signed.
Notice of Non-Renewal of Lease
In 2025, the Virginia General Assembly passed House Bill 1867 (HB 1867), updating the Virginia Residential Landlord & Tenant Act to add a new requirement for landlords: written notice must be provided to tenants if a lease will not automatically renew. This law directly impacts landlords who manage multiple rental units across the state.
Here’s what the law says, who it applies to, and what steps landlords must take to stay compliant.
Requirements Under This Law
Under HB 1867, a landlord must provide at least 60 days’ written notice to a tenant if the lease includes an automatic renewal clause or if the landlord does not intend to renew the lease at the end of the current term.
This applies only if the landlord owns more than four rental dwelling units, or has more than a 10% ownership interest in more than four units. In addition, if the lease does renew automatically and the landlord intends to increase the rent or change the terms of that lease agreement, those changes must also be disclosed in writing at least 60 days before the lease renews.
Exemptions
Smaller landlords owning four or fewer rental units are not subject to this requirement. The rule also does not apply to situations in which tenants rent month to month. Short-term or periodic tenancies are exempt, even if those situations occur after a full-term lease expires.
Failure to provide this notice does not void the lease, but it may expose landlords to legal challenges or disputes from tenants who were not adequately informed.
Why This Law Matters for Landlords
This new law aims to increase transparency and predictability for renters, giving them enough time to make housing decisions if their lease won’t be renewed or if the terms are changing. For landlords, it means that you have to plan. Waiting until the last minute to decide whether to renew is no longer an option. You’ll also want to focus on good tenant communication. Proper written notice ensures you avoid legal complications and tenant confusion. Non-compliance could lead to disputes, and understandably so. If tenants aren’t adequately informed about non-renewal or a rent hike, they may contest charges or push back against vacating the property.
Steps Landlords Should Take to Comply
Here’s how to make sure you’re not in danger of unintentionally violating this new law:
Count your properties to determine if the law applies to you. If you own or have a significant interest in more than four rental units, HB 1867 applies.
Review and update your lease agreements. Ensure your leases clearly state whether they renew automatically, and under what conditions. Include language that aligns with the new 60-day notice requirement.
Create a calendar reminder system. Set reminders for lease expirations at least 90 days in advance so you can decide and send out notice if necessary.
Prepare standard notice templates. Have ready-to-use forms for non-renewal and rent increase notices. These should include the lease end date, new terms, and a clear statement of intent.
Keep delivery records. Consistently deliver notices in a verifiable way, such as certified mail, email with read confirmation, or in-person delivery with tenant acknowledgment. Keep a copy for your records.
Virginia’s Eviction Diversion Program
What began as a pilot program in select Virginia cities is now a statewide benefit for tenants and owners who are dealing with potential evictions and would like to avoid them.
This program allows tenants to catch up with rent, but it’s suitable for owners too, allowing you to avoid the eviction process and months of unpaid rent. As a landlord in Virginia, it’s crucial to understand how this program works, who qualifies, and how it affects your eviction filings and property management strategies.
From Pilot to Policy
In 2025, a bill was passed that renamed the Eviction Diversion Pilot Program to the Eviction Diversion Program, removed the July 1, 2025, expiration date from the Program, and made the Program available to all general district courts.
Virginia’s original EDP was launched in Richmond in 2019, followed by similar programs in Norfolk, Hampton, and Petersburg. These pilots aimed to reduce evictions by giving tenants who faced financial setbacks, yet had a history of timely payments, a chance to catch up without losing their homes.
Due to its early success and the growing focus on housing stability, especially after the COVID-19 pandemic, the General Assembly passed legislation to expand the EDP statewide. Now, it’s available in all Virginia jurisdictions, providing tenants and landlords with a formal process to avoid eviction through court-approved payment agreements.
How the Eviction Diversion Program Works
The EDP is designed to help tenants who are behind on rent but can realistically repay what they owe over time. Rather than proceed directly to eviction, eligible tenants can enter a court-monitored payment plan, allowing them to stay in the rental while paying current and past-due rent in installments.
Tenants must apply through the court after a landlord files an unlawful detainer (eviction). To qualify, tenants must meet specific criteria. They must have had no more than one prior eviction case in the last year, be behind on rent due to a temporary hardship, and have a history of consistent payments. If they’re accepted into the program, the court will pause the eviction process while the repayment plan is in effect.
As a landlord, you are not required to accept participation, but the courts will encourage you to do so when repayment is potentially doable.
Program Benefits
While the program may seem tenant-focused, the EDP offers several benefits to landlords. There’s faster payment recovery than a prolonged vacancy after eviction, and you’ll avoid legal costs, sheriff’s fees, and turnover expenses. There’s also a better chance of tenant retention, especially for those who have been previously reliable.
Participation is voluntary for landlords, but courts often encourage both parties to consider it, especially when the tenant shows the ability and intent to repay.
These are just some of the legal changes you’ll want to be aware of in 2026. If you need help with compliance, a review of your lease agreement, or top-tier property management, please get in touch with us at Doud Realty Services, Inc. We provide expert property management in Norfolk, Portsmouth, Hampton Roads, and surrounding areas such as Virginia Beach, Suffolk, Chesapeake, and Newport News.