{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/55.1-1203.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/55.1-1203.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/55.1-1203.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/55.1-1203.html"}],"law_id":58146,"edition_id":1,"section_id":58146,"structure_id":15277,"section_number":"55.1-1203","catch_line":"Application; deposit, fee, and additional information","history":"1977, c. 427, \u00a7 55-248.6:1; 1985, c. 208; 1993, c. 382; 2000, c. 760; 2003, c. 416; 2008, c. 489; 2011, c. 766; 2013, c. 563; 2019, c. 712; 2020, c. 388.","full_text":"A\n\nAny landlord may require a refundable application deposit in addition to a nonrefundable application fee. If the applicant fails to rent the unit for which application was made, from the application deposit the landlord shall refund to the applicant within 20 days after the applicant’s failure to rent the unit or the landlord’s rejection of the application all sums in excess of the landlord’s actual expenses and damages together with an itemized list of such expenses and damages. If, however, the application deposit was made by cash, certified check, cashier’s check, or postal money order, such refund shall be made within 10 days of the applicant’s failure to rent the unit if the failure to rent is due to the landlord’s rejection of the application. If the landlord fails to comply with this section, the applicant may recover as damages suffered by him that portion of the application deposit wrongfully withheld and reasonable attorney fees.B\n\nA landlord may request that a prospective tenant provide information that will enable the landlord to determine whether each applicant may become a tenant. The landlord may photocopy each applicant’s driver’s license or other similar photo identification, containing either the applicant’s social security number or control number issued by the Department of Motor Vehicles pursuant to § 46.2-342. However, a landlord shall not photocopy a U.S. government-issued identification so long as to do so is a violation of 18 U.S.C. § 701. The landlord may require, for the purpose of determining whether each applicant is eligible to become a tenant in the landlord’s dwelling unit, that each applicant provide a social security number issued by the U.S. Social Security Administration or an individual taxpayer identification number issued by the U.S. Internal Revenue Service.C\n\nAn application fee shall not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord to a third party performing background, credit, or other pre-occupancy checks on the applicant. However, where an application is being made for a dwelling unit that is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, an application fee shall not exceed $32, exclusive of any actual out-of-pocket expenses paid to a third party by the landlord performing background, credit, or other pre-occupancy checks on the applicant.D\n\nA landlord shall consider evidence of an applicant’s status as a victim of family abuse, as defined in § 16.1-228, to mitigate any adverse effect of an otherwise qualified applicant’s low credit score. In order to establish the applicant’s status as a victim of family abuse, an applicant may submit to the landlord (i) a letter from a sexual and domestic violence program, a housing counselor certified by the U.S. Department of Housing and Urban Development, or an attorney representing the applicant; (ii) a law-enforcement incident report; or (iii) a court order. If a landlord does not comply with this section, the applicant may recover actual damages, including all amounts paid to the landlord as an application fee, application deposit, or reimbursement for any of the landlord’s out-of-pocket expenses that were charged to the prospective tenant, along with attorney fees.","order_by":null,"text":{"0":{"id":213060,"text":"Any landlord may require a refundable application deposit in addition to a nonrefundable application fee. If the applicant fails to rent the unit for which application was made, from the application deposit the landlord shall refund to the applicant within 20 days after the applicant’s failure to rent the unit or the landlord’s rejection of the application all sums in excess of the landlord’s actual expenses and damages together with an itemized list of such expenses and damages. If, however, the application deposit was made by cash, certified check, cashier’s check, or postal money order, such refund shall be made within 10 days of the applicant’s failure to rent the unit if the failure to rent is due to the landlord’s rejection of the application. If the landlord fails to comply with this section, the applicant may recover as damages suffered by him that portion of the application deposit wrongfully withheld and reasonable attorney fees.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":213061,"text":"A landlord may request that a prospective tenant provide information that will enable the landlord to determine whether each applicant may become a tenant. The landlord may photocopy each applicant’s driver’s license or other similar photo identification, containing either the applicant’s social security number or control number issued by the Department of Motor Vehicles pursuant to § 46.2-342. However, a landlord shall not photocopy a U.S. government-issued identification so long as to do so is a violation of 18 U.S.C. § 701. The landlord may require, for the purpose of determining whether each applicant is eligible to become a tenant in the landlord’s dwelling unit, that each applicant provide a social security number issued by the U.S. Social Security Administration or an individual taxpayer identification number issued by the U.S. Internal Revenue Service.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":213062,"text":"An application fee shall not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord to a third party performing background, credit, or other pre-occupancy checks on the applicant. However, where an application is being made for a dwelling unit that is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, an application fee shall not exceed $32, exclusive of any actual out-of-pocket expenses paid to a third party by the landlord performing background, credit, or other pre-occupancy checks on the applicant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":213063,"text":"A landlord shall consider evidence of an applicant’s status as a victim of family abuse, as defined in § 16.1-228, to mitigate any adverse effect of an otherwise qualified applicant’s low credit score. In order to establish the applicant’s status as a victim of family abuse, an applicant may submit to the landlord (i) a letter from a sexual and domestic violence program, a housing counselor certified by the U.S. Department of Housing and Urban Development, or an attorney representing the applicant; (ii) a law-enforcement incident report; or (iii) a court order. If a landlord does not comply with this section, the applicant may recover actual damages, including all amounts paid to the landlord as an application fee, application deposit, or reimbursement for any of the landlord’s out-of-pocket expenses that were charged to the prospective tenant, along with attorney fees.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15277,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":14100,"metadata":{},"date_created":"2026-06-26 03:53:32","date_modified":"2026-06-26 03:53:32","permalink":{"id":245887,"object_type":"structure","relational_id":15277,"identifier":"1","token":"55.1\/III\/12\/1","url":"\/55.1\/III\/12\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14100,"edition_id":1,"name":"Virginia Residential Landlord and Tenant Act","identifier":"12","label":"chapter","depth":3,"order_by":1,"parent_id":13073,"metadata":{},"date_created":"2026-06-26 03:46:53","date_modified":"2026-06-26 03:46:53","permalink":{"id":245885,"object_type":"structure","relational_id":14100,"identifier":"12","token":"55.1\/III\/12","url":"\/55.1\/III\/12\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13073,"edition_id":1,"name":"Rental Conveyances","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12707,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":245883,"object_type":"structure","relational_id":13073,"identifier":"III","token":"55.1\/III","url":"\/55.1\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12707,"edition_id":1,"name":"Property and Conveyances","identifier":"55.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":244769,"object_type":"structure","relational_id":12707,"identifier":"55.1","token":"55.1","url":"\/55.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61413,"structure_id":15277,"section_number":"55.1-1200","catch_line":"Definitions","url":"\/55.1-1200\/","token":"55.1\/III\/12\/1\/55.1-1200","metadata":false},{"id":83636,"structure_id":15277,"section_number":"55.1-1201","catch_line":"Applicability of chapter; local authority","url":"\/55.1-1201\/","token":"55.1\/III\/12\/1\/55.1-1201","metadata":false},{"id":69095,"structure_id":15277,"section_number":"55.1-1202","catch_line":"Notice","url":"\/55.1-1202\/","token":"55.1\/III\/12\/1\/55.1-1202","metadata":false},{"id":58146,"structure_id":15277,"section_number":"55.1-1203","catch_line":"Application; deposit, fee, and additional information","url":"\/55.1-1203\/","token":"55.1\/III\/12\/1\/55.1-1203","metadata":false},{"id":82906,"structure_id":15277,"section_number":"55.1-1204","catch_line":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","url":"\/55.1-1204\/","token":"55.1\/III\/12\/1\/55.1-1204","metadata":false},{"id":84327,"structure_id":15277,"section_number":"55.1-1204.1","catch_line":"Fee disclosure statement","url":"\/55.1-1204.1\/","token":"55.1\/III\/12\/1\/55.1-1204.1","metadata":false},{"id":62292,"structure_id":15277,"section_number":"55.1-1205","catch_line":"Prepaid rent; maintenance of escrow account","url":"\/55.1-1205\/","token":"55.1\/III\/12\/1\/55.1-1205","metadata":false},{"id":68710,"structure_id":15277,"section_number":"55.1-1206","catch_line":"Landlord may obtain certain insurance for tenant","url":"\/55.1-1206\/","token":"55.1\/III\/12\/1\/55.1-1206","metadata":false},{"id":60062,"structure_id":15277,"section_number":"55.1-1207","catch_line":"Effect of unsigned or undelivered rental agreement","url":"\/55.1-1207\/","token":"55.1\/III\/12\/1\/55.1-1207","metadata":false},{"id":64224,"structure_id":15277,"section_number":"55.1-1208","catch_line":"Prohibited provisions in rental agreements","url":"\/55.1-1208\/","token":"55.1\/III\/12\/1\/55.1-1208","metadata":false},{"id":67212,"structure_id":15277,"section_number":"55.1-1208.1","catch_line":"Rental agreements; child care","url":"\/55.1-1208.1\/","token":"55.1\/III\/12\/1\/55.1-1208.1","metadata":false},{"id":81763,"structure_id":15277,"section_number":"55.1-1209","catch_line":"Confidentiality of tenant records","url":"\/55.1-1209\/","token":"55.1\/III\/12\/1\/55.1-1209","metadata":false},{"id":67680,"structure_id":15277,"section_number":"55.1-1209.1","catch_line":"Employees of the landlord; rental dwelling unit keys and electronic key codes; policies and procedures","url":"\/55.1-1209.1\/","token":"55.1\/III\/12\/1\/55.1-1209.1","metadata":false},{"id":75393,"structure_id":15277,"section_number":"55.1-1210","catch_line":"Landlord and tenant remedies for abuse of access","url":"\/55.1-1210\/","token":"55.1\/III\/12\/1\/55.1-1210","metadata":false},{"id":65452,"structure_id":15277,"section_number":"55.1-1211","catch_line":"Appointment of resident agent by nonresident property owner; service of process, etc., on such agent or on Secretary of the Commonwealth","url":"\/55.1-1211\/","token":"55.1\/III\/12\/1\/55.1-1211","metadata":false},{"id":67894,"structure_id":15277,"section_number":"55.1-1212","catch_line":"Energy submetering, energy allocation equipment, sewer and water submetering equipment, and ratio utility billing systems; local government fees","url":"\/55.1-1212\/","token":"55.1\/III\/12\/1\/55.1-1212","metadata":false},{"id":61504,"structure_id":15277,"section_number":"55.1-1213","catch_line":"Transfer of deposits upon purchase","url":"\/55.1-1213\/","token":"55.1\/III\/12\/1\/55.1-1213","metadata":false}],"previous_section":{"id":69095,"structure_id":15277,"section_number":"55.1-1202","catch_line":"Notice","url":"\/55.1-1202\/","token":"55.1\/III\/12\/1\/55.1-1202","metadata":false},"next_section":{"id":82906,"structure_id":15277,"section_number":"55.1-1204","catch_line":"Terms and conditions of rental agreement; payment of rent; copy of rental agreement for tenant","url":"\/55.1-1204\/","token":"55.1\/III\/12\/1\/55.1-1204","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/55.1-1203\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 427 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1985, chapter 208; in 1993, chapter 382; in 2000, chapter 760<\/a>; in 2003, chapter 416<\/a>; in 2008, chapter 489<\/a>; in 2011, chapter 766<\/a>; in 2013, chapter 563<\/a>; in 2019, chapter 712<\/a>; in 2020, chapter 388<\/a>.<\/p>","references":[{"id":81763,"section_number":"55.1-1209","catch_line":"Confidentiality of tenant records","order_by":null,"url":"\/55.1-1209\/"}],"refers_to":[{"id":63788,"section_number":"16.1-228","catch_line":"Definitions","order_by":null,"url":"\/16.1-228\/"},{"id":79681,"section_number":"46.2-342","catch_line":"What license to contain; organ donor information; Uniform Donor Document","order_by":null,"url":"\/46.2-342\/"}],"permalink":{"id":245901,"object_type":"law","relational_id":58146,"identifier":"55.1-1203","token":"55.1\/III\/12\/1\/55.1-1203","url":"\/55.1-1203\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/55.1-1203\/","token":"55.1\/III\/12\/1\/55.1-1203","dublin_core":{"Title":"Application; deposit, fee, and additional information","Type":"Text","Format":"text\/html","Identifier":"\u00a7 55.1-1203","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any landlord<\/span> may require a refundable application deposit<\/span> in addition to a nonrefundable application fee<\/span>. If the applicant fails to rent<\/span> the unit for which application was made, from the application deposit<\/span> the landlord<\/span> shall refund to the applicant within 20 days after the applicant’s failure to rent<\/span> the unit or the landlord<\/span>’s rejection of the application all sums in excess of the landlord<\/span>’s actual expenses and damages<\/span> together with an itemized list of such expenses and damages<\/span>. If, however, the application deposit<\/span> was made by cash, certified check, cashier’s check, or postal money order<\/span>, such refund shall be made within 10 days of the applicant’s failure to rent<\/span> the unit if the failure to rent<\/span> is due to the landlord<\/span>’s rejection of the application. If the landlord<\/span> fails to comply with this section, the applicant may recover as damages<\/span> suffered by him that portion of the application deposit<\/span> wrongfully withheld and reasonable attorney fees. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A landlord<\/span> may request that a prospective tenant<\/span> provide information that will enable the landlord<\/span> to determine whether each applicant may become a tenant<\/span>. The landlord<\/span> may photocopy each applicant’s driver’s license or other similar photo identification, containing either the applicant’s social security number or control number issued by the Department of Motor Vehicles pursuant to § 46.2-342<\/a>. However, a landlord<\/span> shall not photocopy a U.S. government-issued identification so long as to do so is a violation of 18 U.S.C. § 701. The landlord<\/span> may require, for the purpose of determining whether each applicant is eligible to become a tenant<\/span> in the landlord<\/span>’s dwelling unit<\/span>, that each applicant provide a social security number issued by the U.S. Social Security Administration or an individual taxpayer identification number issued by the U.S. Internal Revenue Service. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> An application fee<\/span> shall not exceed $50, exclusive of any actual out-of-pocket expenses paid by the landlord<\/span> to a third party<\/span> performing background, credit, or other pre-occupancy checks on the applicant. However, where an application is being made for a dwelling unit<\/span> that is a public housing unit or other housing unit subject to regulation by the U.S. Department of Housing and Urban Development, an application fee<\/span> shall not exceed $32, exclusive of any actual out-of-pocket expenses paid to a third party<\/span> by the landlord<\/span> performing background, credit, or other pre-occupancy checks on the applicant. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A landlord<\/span> shall consider evidence<\/span> of an applicant’s status as a victim of family abuse, as defined in § 16.1-228<\/a>, to mitigate any adverse effect of an otherwise qualified applicant’s low credit score. In order to establish the applicant’s status as a victim of family abuse, an applicant may submit to the landlord<\/span> (i) a letter from a sexual and domestic violence program, a housing counselor certified by the U.S. Department of Housing and Urban Development, or an attorney representing the applicant; (ii) a law<\/span>-enforcement incident report; or (iii) a court order<\/span>. If a landlord<\/span> does not comply with this section, the applicant may recover actual damages<\/span>, including all amounts paid to the landlord<\/span> as an application fee<\/span>, application deposit<\/span>, or reimbursement for any of the landlord<\/span>’s out-of-pocket expenses that were charged to the prospective tenant<\/span>, along with attorney fees. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPLICATION; DEPOSIT, FEE, AND ADDITIONAL INFORMATION (\u00a7 55.1-1203)\n\nA. Any landlord may require a refundable application deposit in addition to a\nnonrefundable application fee. If the applicant fails to rent the unit for which\napplication was made, from the application deposit the landlord shall refund to\nthe applicant within 20 days after the applicant’s failure to rent the\nunit or the landlord’s rejection of the application all sums in excess of\nthe landlord’s actual expenses and damages together with an itemized list\nof such expenses and damages. If, however, the application deposit was made by\ncash, certified check, cashier’s check, or postal money order, such refund\nshall be made within 10 days of the applicant’s failure to rent the unit\nif the failure to rent is due to the landlord’s rejection of the\napplication. If the landlord fails to comply with this section, the applicant\nmay recover as damages suffered by him that portion of the application deposit\nwrongfully withheld and reasonable attorney fees.\n\nB. A landlord may request that a prospective tenant provide information that\nwill enable the landlord to determine whether each applicant may become a\ntenant. The landlord may photocopy each applicant’s driver’s license\nor other similar photo identification, containing either the applicant’s\nsocial security number or control number issued by the Department of Motor\nVehicles pursuant to § 46.2-342. However, a landlord shall not photocopy a\nU.S. government-issued identification so long as to do so is a violation of 18\nU.S.C. § 701. The landlord may require, for the purpose of determining\nwhether each applicant is eligible to become a tenant in the landlord’s\ndwelling unit, that each applicant provide a social security number issued by\nthe U.S. Social Security Administration or an individual taxpayer identification\nnumber issued by the U.S. Internal Revenue Service.\n\nC. An application fee shall not exceed $50, exclusive of any actual\nout-of-pocket expenses paid by the landlord to a third party performing\nbackground, credit, or other pre-occupancy checks on the applicant. However,\nwhere an application is being made for a dwelling unit that is a public housing\nunit or other housing unit subject to regulation by the U.S. Department of\nHousing and Urban Development, an application fee shall not exceed $32,\nexclusive of any actual out-of-pocket expenses paid to a third party by the\nlandlord performing background, credit, or other pre-occupancy checks on the\napplicant.\n\nD. A landlord shall consider evidence of an applicant’s status as a victim\nof family abuse, as defined in § 16.1-228, to mitigate any adverse effect\nof an otherwise qualified applicant’s low credit score. In order to\nestablish the applicant’s status as a victim of family abuse, an applicant\nmay submit to the landlord (i) a letter from a sexual and domestic violence\nprogram, a housing counselor certified by the U.S. Department of Housing and\nUrban Development, or an attorney representing the applicant; (ii) a\nlaw-enforcement incident report; or (iii) a court order. If a landlord does not\ncomply with this section, the applicant may recover actual damages, including\nall amounts paid to the landlord as an application fee, application deposit, or\nreimbursement for any of the landlord’s out-of-pocket expenses that were\ncharged to the prospective tenant, along with attorney fees.\n\nHISTORY: 1977, c. 427, \u00a7 55-248.6:1; 1985, c. 208; 1993, c. 382; 2000, c. 760;\n2003, c. 416; 2008, c. 489; 2011, c. 766; 2013, c. 563; 2019, c. 712; 2020, c.\n388.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}