Challenging Illegal Rental Fees in Virginia: A Guide for Renters

If you’re renting a home or apartment in Virginia, you have rights when it comes to what your landlord can charge you. Sometimes, extra charges or unusual fees pop up on your rent bill—some of which may not be allowed under Virginia law. Understanding which fees are legal, how to challenge illegal charges, and where to get help is essential to protecting your finances and housing stability.

Understanding Legal vs. Illegal Fees on Your Rent Bill

Virginia law governs the types of fees landlords can charge tenants. Common legal fees include late rent fees (within legal limits), those for returned checks, and reasonable application or screening fees. Illegal fees often include unapproved or excessive charges not specified in your lease or not allowed under the Virginia Residential Landlord and Tenant Act (VRLTA).^[1]

• Legal fees: Late fees (not exceeding 10% of the monthly rent), reasonable application fees, some maintenance charges (if agreed upon in lease)
• Potentially illegal fees: Unlisted administrative fees, move-in/move-out fees not in lease, unlawfully high late fees, utility markups

Review your lease and the VRLTA to check the validity of any fee.

What Should You Do If You Find an Illegal Fee?

If you believe a charge is illegal, act promptly. The sooner you address it, the better your chances of resolving the issue smoothly.

• Gather your lease agreement and any notices or bills detailing the questionable fee.
• Compare the fee to allowed charges under the Virginia Residential Landlord and Tenant Act.
• Check with the Virginia Department of Housing and Community Development for clarification or guidance.
• Contact your landlord in writing to question or dispute the fee—you can use a formal complaint letter (see below).

Sample Step: Sending an Official Dispute Letter

Virginia does not require a specific state form to dispute rental charges, but it’s best to use a clear, written notice. For example, you might use a “Tenant Complaint Letter” stating:

• Date and your address
• Description of the disputed fee (with a copy of the bill/statement)
• Citation of the relevant section of the VRLTA (if known)
• A request to remove or correct the fee

No official form number exists for this type of correspondence, but you may refer to the sample resources on the Virginia Department of Housing and Community Development website.

If Your Landlord Refuses to Remove the Illegal Fee

If your landlord does not respond or refuses to correct the fee, you have the right to seek help:

• File a tenant complaint with the Virginia Department of Housing and Community Development (DHCD)
• Consider pursuing the dispute in Virginia General District Court (the tribunal handling landlord-tenant matters in Virginia)
• You may be eligible to file a claim or counterclaim if an eviction or collection is threatened

Relevant Official Forms and How to Use Them

• Summons for Unlawful Detainer (Form DC-421): Used by landlords to begin eviction proceedings, but tenants can use this process to raise defenses, including improper fees. If you receive this, respond before the court date. See more at Summons for Unlawful Detainer (DC-421).
• Answer and Grounds of Defense (Form DC-475): Tenants use this after a landlord has filed an eviction, to explain defenses (such as illegal fees). Submit this form to the General District Court before your hearing. More info at Answer and Grounds of Defense (DC-475).
• For complaints about rental practices, use the Tenant-Landlord Complaint Form from DHCD, found in the "Landlord Tenant Complaint Form" section.

Example: If you are charged a $75 "administrative fee" not in your lease, notify your landlord in writing. If the fee is not removed, file a complaint with DHCD and, if necessary, be prepared to raise this as a defense if your landlord begins legal action.

FAQ: Challenging Illegal Rental Fees in Virginia

1. What fees can landlords legally charge in Virginia?
   Landlords can charge late fees (up to 10% of monthly rent), reasonable application fees (usually capped), and actual costs for returned checks. Any fee must be disclosed in the lease and comply with the VRLTA.
2. How do I know if a fee is illegal?
   Check your lease and the Virginia Residential Landlord and Tenant Act. Fees not listed in your lease or not allowed by law (such as excessive or vague charges) may be illegal. If in doubt, contact DHCD for clarification.
3. What should I do if my landlord won't remove an illegal fee?
   First, send a written request to your landlord. If unresolved, file a complaint with the Virginia DHCD and consider raising the issue in General District Court if your landlord takes legal action.
4. Can my landlord evict me for refusing to pay an illegal fee?
   Your landlord cannot evict you solely for refusing to pay an illegal fee. Only unpaid rent or legal charges may form the basis for eviction under Virginia law.
5. Where do I file a formal complaint about illegal rental fees?
   You can submit a complaint through the Virginia Department of Housing and Community Development's official process.

Key Takeaways for Virginia Renters

• Illegal fees are not enforceable in Virginia, and you have the right to challenge them.
• Always document communications and use official channels when disputing charges.
• Know your options: DHCD and General District Court can help with unresolved disputes.

Stay informed and act quickly to protect your rights—and your wallet.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development (DHCD) – Landlord & Tenant Resources: Guidance, complaint process, and tenant forms.
• Virginia General District Court: Tribunal for landlord-tenant disputes (including illegal fee claims).
• Virginia Residential Landlord and Tenant Act (current text)
• Official Tenant-Landlord Complaint Forms (DHCD)
• Consider contacting local Legal Aid offices for free or low-cost legal guidance.

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1. Virginia Residential Landlord and Tenant Act (VRLTA)
2. Virginia General District Court – Landlord-Tenant Division
3. Virginia Department of Housing and Community Development – Landlord/Tenant Resources

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