Virginia Rental Application, Late & Payment Fee Rules (2026)

Application fee and application deposit are different Virginia payments

Section 55.1-1203 allows a landlord to require a refundable application deposit in addition to a nonrefundable application fee. Treat those as separate ledger entries because the application deposit has its own refund-and-itemization rule when the applicant does not rent the unit.

The current general application fee may not exceed $50, excluding actual out-of-pocket expenses paid by the landlord to a third party for background, credit or other pre-occupancy checks. For a public housing unit or another HUD-regulated unit covered by the statutory provision, the application fee ceiling is $32, again exclusive of qualifying third-party screening expenses.

Application-deposit refunds use a 20-day rule with a narrower 10-day branch

When the applicant does not rent the unit, § 55.1-1203 generally requires the landlord to refund the application-deposit amount left after actual expenses and damages within 20 days and provide an itemized list of those expenses and damages.

If the application deposit was paid by cash, certified check, cashier’s check or postal money order and the failure to rent is due to the landlord rejecting the application, the current statute uses a 10-day refund period. Preserve both the payment method and the rejection date before choosing the deadline.

Virginia rent late fees must be in the written rental agreement

Section 55.1-1204(E) says a landlord may not charge for late payment of rent unless the charge is provided for in the written rental agreement. The amount may not exceed the lesser of 10% of the periodic rent or 10% of the remaining balance due and owed by the tenant.

For example, the remaining-balance branch matters when only part of the rent is still unpaid. Rebuild the rent due, amount already paid, remaining balance and posted late fee instead of applying 10% to the full rent automatically.

A tenant can request a written debit-and-credit statement

Under § 55.1-1204(D), after a written tenant request the landlord must provide a written statement showing all debits and credits over the tenancy or the previous 12 months, whichever period is shorter, within 10 business days. This can be useful when several late, processing or other ledger charges are mixed together.

Payment-processing fees require a fee-free alternative

The current § 55.1-1204(J) requires landlords to accept periodic rent and security deposits by check and money order and bars a collection or processing fee for rent, security deposits or other fees unless the landlord offers an alternative payment method without additional fees.

When a landlord does charge for credit-card, debit-card or electronic processing under the statutory framework, the charge may not exceed the actual out-of-pocket expenses charged to the landlord by the third party that processes the payment. Keep the payment-method menu and processor fee disclosure with the resident ledger.

Evidence checklist for Virginia fee disputes

• Rental application and receipt for the application fee.
• Separate receipt for any refundable application deposit.
• Third-party screening invoice or charge when added beyond the landlord application fee.
• Application rejection and proof of the application-deposit payment method.
• Signed rental agreement and late-fee clause.
• Rent ledger showing periodic rent, amount paid, remaining balance and late fee.
• Written request for a debit/credit statement and the landlord’s response.
• Payment-method options showing whether a fee-free alternative was available.
• Third-party card/electronic processing charge when a processing fee is disputed.

Effective-date warning

The official Virginia Code pages currently display the versions of §§ 55.1-1203 and 55.1-1204 effective through June 30, 2027 and also show later versions effective July 1, 2027. This page is reviewed for the law effective in September 2026; re-check the official statute for a later application, payment or tenancy period.

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