How Virginia Beach Handles Rental Property Rules: A Practical Guide
Virginia Beach maintains 161 local ordinances across all categories, and 6 of those deal specifically with rental property rules. Here is a breakdown of what the city actually requires, what is prohibited, and where Virginia Beach falls on the strict-to-permissive spectrum compared to other cities.
Repairs & Habitability
Virginia Beach can designate rental inspection districts where code enforcement checks units for compliance with the state building code's safe, decent, and sanitary living standards.
Key details: Standard: Safe, decent, sanitary (USBC). Inspection fee: $50 initial + one reinspection. Clean exemption: 4 years, no violations found. Max fine: $2,500 per violation. Enforced by: Housing & Neighborhood Preservation Dept..
Failing rental-inspection requirements draws the same penalties as any Ch. 16 housing violation: up to $2,500 per offense, six months to abate, and steeper fines or up to 10 days in jail for repeat violations.
Security Deposit Rules
Virginia Beach landlords must follow VA Code §55.1-1226, which caps security deposits at two months of rent and requires return within 45 days of move-out with an itemized statement of any deductions taken.
Key details: Authority: VA Code §55.1-1226. Deposit cap: Two months rent. Return deadline: 45 days. Wear and tear: Not chargeable.
Late or undocumented deposit returns can expose landlords to actual damages, statutory damages, attorney fees, and potential bad-faith multipliers under VRLTA.
Source-of-Income Discrimination
Since 2020, the Virginia Fair Housing Law bars landlords from refusing applicants based on lawful source of income, including Section 8 Housing Choice Vouchers. Virginia Beach landlords must accept vouchers as valid income.
Key details: Authority: VA Code §36-96.3. Effective: 2020. Voucher discrimination: Prohibited. Enforcement: VA Fair Housing Office.
Refusing voucher holders, posting source-restricted ads, or applying disparate screening can trigger Fair Housing Office investigations, civil penalties, and tenant damages.
Section 8 Voucher Acceptance
The Virginia Beach Department of Housing and Neighborhood Preservation administers Housing Choice Vouchers locally. Landlords accepting vouchers must pass Housing Quality Standards inspections and sign a HAP contract.
Key details: Administering agency: Virginia Beach DHNP. Tenant share: About 30% of income. Inspection standard: HQS. Refusal: Prohibited.
Failing HQS inspections beyond cure periods can suspend HAP payments. Refusing voucher applicants outright violates VA Code §36-96.3 and triggers Fair Housing penalties.
The rules around section 8 voucher acceptance in Virginia Beach lean permissive, but that does not mean anything goes.
Rental Registration
Owners of rental units inside a city council-designated rental inspection district must notify the code enforcement administrator in writing within 60 days of designation, or face a $50 civil penalty.
Key details: Registration deadline: 60 days after district designation. Civil penalty: $50 for willful non-notification. Enforced by: Dept. of Housing & Neighborhood Preservation. Applies to: Only designated rental inspection districts. Inspection fee: $50 initial, $50 per follow-up.
Willful failure to register after notice brings a $50 civil penalty (in lieu of other penalties); unregistered units also remain subject to inspection, and units failing Uniform Statewide Building Code standards can trigger the chapter's misdemeanor penalties up to $2,500.
Compared to other cities, Virginia Beach takes a harder line on rental registration. The enforcement and penalty structure reflects that.
Rent Control
Virginia Beach has no rent control ordinance. Virginia state law (VA Code §55.1-1204) preempts local rent control. Landlords may set and increase rents without government caps, subject only to notice requirements.
Key details: Rent Control: Preempted by VA Code §55.1-1204. Rent Caps: None. Notice Required: 30 days for month-to-month. State Preemption: No locality may control rent.
Not applicable. Rent control is preempted by state law. Landlords must provide proper notice but face no caps on increases.
If you are coming from a city with tighter rules, you will find Virginia Beach gives residents more flexibility on rent control.
The Bottom Line
Compared to many U.S. cities, Virginia Beach gives residents more room on rental property rules. 2 of the 6 rules here are rated permissive. But permissive does not mean unregulated. There are still requirements, and the city does enforce them when violations are reported.
These rules come from Virginia Beach's publicly available municipal code. For complete penalty schedules, exemption details, and answers to common questions, see the individual ordinance pages throughout this guide.