Is it legal to rent a basement apartment in Virginia?

Yes, if the basement apartment meets local building codes, has the proper permits, and includes required safety features.

What should I do if my basement apartment has health or safety issues?

Notify your landlord in writing and, if not resolved, contact code enforcement or file a Tenant's Assertion and Complaint (Form DC-429) with the district court.

Where do I take my rental dispute in Virginia?

Rental disputes are handled by the Virginia General District Court.

Can my landlord evict me for requesting repairs in a basement apartment?

No, Virginia law prohibits retaliation for requesting repairs. All eviction actions must follow official court procedures.

Do I have to pay rent if my basement apartment is unsafe?

You should keep paying rent unless a court orders otherwise. Use Form DC-429 to seek repairs or a rent reduction.

Virginia Basement Apartment Rental Laws: What Renters Should Know

Special Housing Types & Situations Virginia published June 21, 2025

Renting a basement apartment in Virginia can offer an affordable and private living solution, but it's crucial to understand your rights and the laws that apply. Virginia has specific requirements for basement units concerning health, safety, and tenant protections. In this guide, you'll find what to look for in a legal basement rental, vital safety codes, and what steps to take if things go wrong.

What Makes a Basement Apartment "Legal" in Virginia?

Not all basement apartments are legal or up to code. Virginia law requires certain safety and habitability standards for any unit to be rented out, including basement spaces. These protect renters from unsafe conditions and give you recourse if something's not right.

Permits & Zoning: The basement must be legally recognized as a dwelling by the local city or county zoning office and should comply with Virginia's Uniform Statewide Building Code.
Safe Exits: There must be at least one operable emergency exit (such as a window or exterior door) from the basement bedroom, per safety code.
Ventilation & Light: Adequate ventilation and natural light are required, and ceiling heights must meet minimum standards (usually at least 7 feet).
Utilities & Facilities: The basement must have access to heat, hot water, proper electrical systems, and a private bathroom.

Lease Agreements and Key Forms in Virginia

Renters in basement apartments have the same general rights as those in other rentals under the Virginia Residential Landlord and Tenant Act (VRLTA). This law covers leases, security deposits, eviction rules, and repair responsibilities.

Official Forms and Their Use

5-Day Pay or Quit Notice (Form DC-421):
Used by landlords when rent is late. If you receive this, it gives you 5 days to pay the overdue rent or move out. Example: If you're late with July rent, your landlord can give you this notice.
Tenant’s Assertion and Complaint (Form DC-429):
If your basement apartment has serious repair or safety problems and your landlord has not fixed them after written notice, you may file this form with your local district court.
Tenant’s Assertion and Complaint Form (DC-429)
Request for Repairs: Though there is no state-mandated form, always submit repair requests in writing and keep a copy for your records before filing an official complaint.

Health, Safety, and Building Code Compliance

Your basement must meet state and local safety codes. If you suspect the apartment is not up to code (e.g., no emergency exits, persistent dampness, mold, or electrical hazards), you can contact your local building or housing office or file a complaint with your city or county code enforcement.

Maintenance & Repairs: Who's Responsible?

The landlord is responsible for keeping your apartment safe and habitable under the VRLTA, even if it's a basement unit. That includes electrical, plumbing, heating, and meeting all building code standards. If repairs aren't made, follow these steps:

Notify your landlord in writing and allow a reasonable period for repairs
Keep documentation of your requests and the landlord’s response
If unresolved, you can file Form DC-429 (Tenant’s Assertion and Complaint) with your district court

If you have health or safety concerns and your landlord isn’t responsive, your local housing office can inspect the property and advise on next steps.

The Tribunal: Where to Resolve Disputes

Rental disputes, including eviction or major repair requests, are handled by the Virginia General District Court, the tribunal responsible for residential tenancy cases in Virginia.

Important Legal Protections and Legislation

Virginia Residential Landlord and Tenant Act (VRLTA): Covers leases, deposits, repairs, and eviction procedures.
Virginia Uniform Statewide Building Code: Sets minimum safety, exit, and health standards for all rental properties.

Being informed about your rights can help prevent issues and guide you in addressing problems effectively.

Frequently Asked Questions about Basement Rentals in Virginia

Is it legal to rent a basement apartment in Virginia?
Yes, as long as the unit meets local building codes, is properly permitted, and offers required safety features like emergency exits and adequate ventilation.
What should I do if my basement apartment has health or safety issues?
Notify your landlord in writing. If they don't fix the problem, you may contact local code enforcement or file a Tenant's Assertion and Complaint (Form DC-429) with district court.
Can my landlord evict me from a basement apartment if it's not up to code?
Evictions must follow Virginia law and cannot be based on a tenant requesting repairs or reporting unsafe conditions. The court may review code compliance during eviction actions.
Where do I take my rental dispute in Virginia?
Disputes are handled by the Virginia General District Court.
Do I have to pay rent if my basement apartment is unsafe?
Keep paying rent unless the court directs otherwise. Use the Tenant's Assertion process (Form DC-429) to seek repairs or a rent reduction, but always consult official eviction notices and court resources first.

Key Takeaways for Virginia Basement Apartment Renters

Legal basement apartments must meet state and local safety codes, including proper exits.
The VRLTA protects your rights regarding repairs, deposits, and eviction in Virginia.
Serious issues can be addressed by notifying your landlord and, if needed, filing Form DC-429 with the district court.

Know your rights and use official channels to resolve issues, ensuring your rental is safe and legal.

Need Help? Resources for Renters

Virginia Department of Housing and Community Development – Landlord-Tenant Resources
Virginia General District Court Locator
Fair Housing and Tenant Rights
Virginia Residential Landlord and Tenant Act (VRLTA) – Full Text
Contact your city or county housing/building inspection office for local code questions