Virginia Tenant Rights: Smart Locks and Privacy Explained

Smart locks are becoming increasingly popular in Virginia rental properties, giving both landlords and tenants new ways to manage property access. If you’re a renter, you may wonder how these devices impact your privacy, security, and rights under Virginia law. Understanding your protections can help you feel safe and empowered in your home.

How Smart Locks Impact Tenant Privacy in Virginia

Smart locks are electronic locks that can be controlled and monitored digitally. While they often improve convenience and safety, they also raise important privacy questions for renters—especially regarding who has access to your home and how entry is monitored or recorded.

Landlord Access with Smart Locks

Under the Virginia Residential Landlord and Tenant Act (VRLTA), landlords must provide at least 24 hours’ notice before entering the rental unit, unless there is an emergency.^[1]

• Landlords must have a lawful reason to enter (such as repairs, inspections, or during emergencies).
• Changing locks (including to smart locks) usually requires giving the tenant new access credentials or keys.

Your Privacy Rights as a Virginia Renter

Virginia’s laws require landlords to respect tenants’ privacy, whether a traditional key or a smart lock is used. If your landlord installs a smart lock, they:

• Cannot monitor or record your movements without your knowledge and consent.
• Must notify you in writing and provide any necessary instructions if they change the entry system.
• Cannot withhold access to your home, except as allowed by law (such as for nonpayment of rent after proper legal process).

Smart Lock Changes: What Can Landlords Do?

If your landlord wants to install or change a smart lock system:

• They should inform you in advance about the installation date and how the system operates.
• They must ensure you have uninterrupted, reliable access to your unit.
• If the system tracks entries/exits, the landlord is generally responsible for protecting that data and using it only for lawful purposes.

If you have concerns about privacy or believe your landlord is violating entry rules, you have several ways to protect yourself under Virginia law.

Key Legal Protections and Forms for Virginia Renters

The VRLTA governs the relationship between landlords and tenants, including smart lock and entry issues. Formal complaints and notices are handled primarily by Virginia’s court system or the Virginia Department of Housing and Community Development (DHCD) and local tenant services.^[2]

Important Forms for Renters

• Request for Access or Entry Explanation
  While there is no official statewide form specifically for smart lock disputes, tenants can submit a Tenant’s Assertion and Complaint (Form DC-427) if their landlord improperly denies access to the property or violates privacy rights.
  • When to Use: If your landlord locks you out, fails to provide access codes/keys, or enters your unit without proper notice.
  • How It’s Used: Complete and file the form at your local General District Court to initiate an official complaint under the VRLTA.

If you need temporary protection or have urgent privacy concerns, speaking to a legal aid office or tenant hotline can help resolve issues quickly.

If your landlord installs a smart lock, ask for written details of access policies and any monitoring features to make sure your rights are clear.

What To Do If You Suspect a Privacy Violation

If you believe your landlord is entering without notice, abusing smart lock data, or denying your legal right of access, you have options:

• Keep a written record of any incidents (dates, times, what happened).
• Communicate in writing with your landlord, requesting clarification or correction.
• If unresolved, file a Tenant’s Assertion and Complaint (Form DC-427) or contact the local housing authority for support.

Understanding your rights will help you protect your privacy and enjoy secure use of smart lock systems.

Frequently Asked Questions About Smart Locks and Privacy in Virginia

1. Can my landlord enter my Virginia apartment anytime just because it has a smart lock?
   No. Even with a smart lock, landlords must give at least 24 hours’ notice except for emergencies, as required by the VRLTA.^[1]
2. What should I do if I’m locked out after a smart lock change?
   First, contact your landlord in writing to request immediate access. If access is not restored promptly, you may use the Tenant’s Assertion and Complaint (Form DC-427) form at the General District Court.
3. Does my landlord have to tell me if they track when I use the smart lock?
   Yes. Landlords should disclose in writing any tracking or monitoring of entry times as part of respecting your privacy rights.
4. Can my landlord change my smart lock code without telling me?
   No. Virginia law requires landlords to maintain your access; changing codes without notification may be a violation of your rights.

Conclusion

• Virginia law protects tenant privacy, whether using smart locks or traditional keys.
• Landlords must provide notice before entry and maintain your access at all times.
• Tenants can use official forms, like the Tenant’s Assertion and Complaint, to address privacy or access issues with their landlord.

Knowing your rights helps you respond confidently to smart lock changes and protect your home privacy.

Need Help? Resources for Renters

• Virginia Department of Housing and Community Development (DHCD) – Landlord-Tenant Resources
• Virginia General District Court – Tenant Forms and Filing Information
• Virginia Legal Aid – Your Rights as a Renter
• Full Text: Virginia Residential Landlord and Tenant Act

---

1. See VRLTA § 55.1-1229 – Landlord's Access to the Dwelling Unit
2. Virginia Department of Housing and Community Development – Landlord-Tenant

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations