Virginia landlord-tenant law governs month-to-month lease agreements (known as periodic tenancy). Virginia’s Residential Landlord and Tenancy Act, also referred to as the Virginia Residential Landlord and Tenant Act, is found in Chapter 13.2 of the Virginia Code.
Under § 55-248.15:1, a landlord may not charge a security deposit that is greater than two month's rent. They may withhold some of the security deposit to cover unpaid monthly rent or for damage to the rental property. Other than that, the remainder of the security deposit must be returned to the tenant generally within 45 days after they move out as long as they left a forwarding address. The landlord must also keep a list of itemized deductions.
Landlords and property managers should review Virginia law before drafting a month-to-month rental agreement to ensure that they comply with all of the required notices.
Under § 55-248.37, a Virginia month-to-month tenancy is terminated by written notice. The party that is providing the written notice must serve it on the receiving party by giving them at least a 30-day notice unless the rental agreement specifies a different notice period.