Virginia Residential Landlords: Three New Laws That Change How You Handle Late Rent

The 2026 Virginia legislative session produced several significant changes to landlord-tenant law. If you own or manage rental property in Virginia, three new bills demand your immediate attention. Two took effect July 1, 2026, and one takes effect July 1, 2027, but all three require you to update your processes, notices, and lease language now.

1. The 14-Day Waiting Period (HB 15/SB 48)—Effective July 1, 2026

Under prior law, a landlord could pursue termination remedies five days after serving written notice of nonpayment. That window has nearly tripled. Effective July 1, 2026, landlords must wait 14 days after serving written notice before pursuing termination of the rental agreement.

The notice must still inform the tenant of the nonpayment and of the landlord's intention to terminate if rent is not paid. What changes is the timeline. If your current notice templates reference a five-day deadline, they are now wrong. If your processes assume you can file for possession within a week of serving notice, those processes need revision.

What to do now: Update every notice template to reflect the 14-day period. Train property managers on the new timeline. Build the additional days into your collections calendar.

2. Mandatory Payment Plans for Larger Landlords (HB 95)—Effective July 1, 2027

HB 95 applies to any landlord who owns more than four rental dwelling units or holds more than a 10% interest in more than four units. Before terminating for nonpayment—when the amount owed is equal to or less than one month's rent plus late charges—you must serve written notice stating the exact amount due and offering a payment plan with equal monthly installments over the lesser of six months or the time remaining on the lease. No additional late fees may be charged during the plan period.

If the tenant fails to enter the plan within five days or defaults on payments, you retain your remedies. But you must offer the plan first, in writing, with the correct terms.

What to do now: The Department of Housing and Community Development must develop a sample payment plan form. Watch for that guidance. Review your portfolio to determine whether you meet the four-unit threshold, and begin developing procedures for identifying accounts that qualify.

3. Payment Methods and Prohibited Fees (HB 1005/SB 313)—Effective July 1, 2026

Landlords subject to the Virginia Residential Landlord and Tenant Act must now accept payment of periodic rent and security deposits by check and money order. You can no longer require tenants to use a specific online platform as the exclusive payment method.

Additionally, landlords may not require tenants to pay any fee for submitting rent payments that exceeds the actual out-of-pocket cost charged to the landlord by the third-party processor. The law also prohibits charging tenants fees for maintenance or repairs unless necessitated by the tenant's own VRLTA violation.

What to do now: Audit your payment systems. If your platform charges tenants fees beyond actual processing costs, renegotiate or switch vendors. Ensure your lease does not prohibit payment by check or money order.

Your Remedies Remain—But the Procedure Has Changed

None of these changes eliminates a landlord's right to pursue nonpaying tenants. You can still terminate for nonpayment, file for possession, and enforce your lease. What has changed is the procedural path. The 14-day waiting period adds time. The payment plan requirement adds a mandatory step. The payment methods law restricts how you collect.

The risk for landlords who ignore these changes is straightforward: non-compliance with mandatory procedural steps can jeopardize enforcement actions. A termination notice referencing the old five-day period is defective. A failure to offer a required payment plan may invalidate subsequent proceedings. Courts enforce these technical requirements.

How Landlords Should Take Action

• Review and update all notice templates and lease provisions for the new 14-day waiting period
• Audit rent collection platforms and fee structures for compliance with payment processing rules
• Develop internal procedures for the mandatory payment plan requirement before the 2027 effective date

If you have questions about how these new laws affect your rental properties or need help updating your lease language and notice templates, contact our Litigation Team. We advise Virginia landlords on compliance and represent property owners in enforcement actions.

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