Virginia HB379: New Landlord Fee Disclosure Rule for 2027

Most Virginia landlords don't realize they're about to face a new legal requirement that could expose them to court damages if they get it wrong. Starting January 1, 2027, House Bill 379 requires landlords and property managers to provide written disclosure of application fees and tenant-screening criteria before they can legally collect an application fee or solicit tenant information.

Here's what changed, and why it matters to your business.

What the Law Requires

Under HB379, landlords must prepare and deliver a written disclosure document to prospective tenants before requesting any application fee or tenant information. This disclosure must cover:

• The amount of any application fee
• Whether the fee is refundable or non-refundable
• All criteria the landlord will use to deny an application

The disclosure is not optional, and it cannot be buried in a lease or website terms of service. It must be a separate, written document provided upfront—before you collect a dime or receive an application.

Who This Affects

This applies to landlords and property management companies operating under Virginia's Residential Landlord and Tenant Act. Whether you manage one property or dozens, if you collect application fees in Virginia, this rule applies to you.

The requirement is straightforward for larger firms with established systems, but smaller landlords and independent property owners—who often handle screening informally—need to build this into their workflow now.

Why It Matters

Compliance isn't just good practice; it's a legal obligation. Failure to provide the required written disclosure before collecting an application fee or tenant information exposes you to damages litigation. A tenant or applicant can sue you in court if you violate this provision, and you could be liable for actual damages plus attorney fees and court costs.

This is particularly important because many landlords currently collect fees without a formal written disclosure of denial criteria. Under the new law, that practice becomes legally risky.

What You Should Do Now

The effective date is January 1, 2027. That gives you time to prepare, but waiting until December 2026 is not advisable. Consider these steps:

• Draft your disclosure document now. List every criterion you use to evaluate applications (credit score, income requirements, criminal history, eviction history, etc.). Be specific and transparent.
• Clarify your fee structure. Decide whether your application fee is refundable or non-refundable, and document that decision.
• Update your application process. Ensure your screening workflow requires delivery of the written disclosure before any fee is collected or application submitted.
• Train staff. If you use a property manager or leasing agent, make sure they understand the requirement and follow it consistently.

The Bottom Line

HB379's disclosure requirement is straightforward to implement but easy to overlook. The law takes effect January 1, 2027, and compliance is mandatory. Landlords who prepare their disclosure documents and integrate them into their application process before that date will avoid legal exposure and demonstrate professionalism to prospective tenants.

For a detailed, business-specific guide to HB379 compliance, free resources are available through Virginia property management associations and the Virginia Apartment & Lodging Association.