Challenging Illegal Rent Increases in Virginia: A Renter's Guide

Rent Control & Rent Stabilization Virginia published June 21, 2025 Flag of Virginia

If you’re a renter in Virginia facing an unexpected rent increase, it’s important to know your rights and the steps you can take if you suspect the increase is illegal. While Virginia does not have statewide rent control, certain rules and notice requirements still protect tenants. This article guides you through what to look for, how to dispute unlawful rent increases, and where to seek help.

Understanding Rent Increases in Virginia

Virginia state law allows landlords to raise rent if your lease is up for renewal or if you have a month-to-month agreement. However, rent cannot be increased during a fixed-term lease unless the agreement specifically allows it. The law also requires landlords to provide proper written notice before a rent increase takes effect.

If your landlord increases the rent without following the correct process, you may have the right to challenge it.

What Makes a Rent Increase Illegal?

Although Virginia doesn’t set limits on the amount of a rent increase, some actions by the landlord are unlawful, including:

  • Raising rent during a fixed-term lease (unless the lease allows it)
  • Increasing rent without proper written notice
  • Raising rent as an act of retaliation (for example, if you made a health or safety complaint about the property)
  • Discriminatory rent increases (based on race, religion, national origin, disability, etc.)

Landlord retaliation and discrimination are strictly prohibited under both Virginia law and federal fair housing statutes.

Steps to Challenge an Illegal Rent Increase in Virginia

If you believe your rent increase is unlawful, you can challenge it by taking these steps:

  • 1. Review Your Lease Agreement: Check if your lease permits a rent increase and under what conditions.
  • 2. Check the Notice: Ensure your landlord provided at least 30 days' written notice (for month-to-month tenancies) and that it was delivered properly.
  • 3. Communicate with Your Landlord: Contact your landlord in writing to express your concern and request clarification. Keep all communication for your records.
  • 4. File a Written Complaint: If the issue isn’t resolved, you can file a complaint using the Virginia Department of Housing and Community Development's (DHCD) Residential Landlord-Tenant Complaint Form.
  • 5. Seek Mediation or Legal Assistance: If necessary, mediation services or legal aid organizations can help resolve the dispute.
  • 6. Prepare for Court: If retaliation or discrimination is involved and no resolution is reached, you may choose to file a case in your local General District Court.
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Official Forms and Where to Submit

Residential Landlord-Tenant Complaint Form

Virginia Residential Landlord and Tenant Act (VRLTA)

The governing law covering rent increases and tenant protections is the Virginia Residential Landlord and Tenant Act.[1]

If you suspect your rent is being raised because you reported a problem with your apartment, this could be considered retaliation. You have the right to challenge retaliatory rent increases under Virginia law.

Where Tenancy Disputes Are Handled in Virginia

Virginia does not have a specialized tribunal for residential tenancy disputes. Instead, unresolved disputes, including those over illegal rent increases, are handled in the Virginia General District Court. If needed, this is where you can file a lawsuit to challenge an unlawful rent increase or retaliatory conduct.

Legislation Covering Virginia Rent Increases

The Virginia Residential Landlord and Tenant Act (VRLTA) covers all matters of rent, notice requirements, and protections against retaliation or discrimination.[1]

  1. Can my landlord raise my rent for any reason in Virginia?
    Landlords may increase rent when your lease renews or, with proper notice, for month-to-month tenancies. However, increases cannot be retaliatory or discriminatory, and proper notice must always be given.
  2. How much notice must my landlord give before raising rent?
    Landlords must give at least 30 days’ written notice for rent increases on month-to-month agreements. For fixed-term leases, rent can generally only rise at renewal, unless otherwise stated in your lease.
  3. What should I do if I get a rent increase with no notice?
    Contact your landlord and request clarification in writing. If no resolution is reached, you may file a formal complaint using the Virginia DHCD’s Residential Landlord-Tenant Complaint Form.
  4. Is there a cap on how much rent can be increased in Virginia?
    No. Virginia law does not currently place a limit on the amount a landlord can increase the rent, but the increase must follow all proper procedures.
  5. Where can I file a complaint about an illegal rent increase?
    File a complaint with the Virginia Department of Housing and Community Development (DHCD), or take your case to the General District Court if necessary.

Need Help? Resources for Renters

  1. Virginia Residential Landlord and Tenant Act

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Bob Jones
Bob Jones

Editor & Researcher, Renter Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for tenants everywhere.

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