A new Virginia law requires landlords to hand tenants a written disclosure before collecting any application fee—and most property owners don't know it yet.
Most Virginia landlords and property managers collect application fees without a second thought. But starting January 1, 2027, that routine will change in a way that carries real legal risk if you get it wrong.
Under HB379, a new provision in the Virginia Residential Landlord and Tenant Act, you must deliver a written disclosure to any prospective tenant before you collect an application fee or even request their application data. This is not optional, and it is not a formality you can skip or combine with other paperwork.
The written disclosure package must include:
This means you cannot collect a fee first and explain your process later. The tenant must have this information in writing before they pay anything or hand over personal data like their Social Security number.
This rule applies to all landlords in Virginia—whether you own one rental property, manage a small portfolio, or run a professional property management company. There are no exemptions for small operators or individual owners.
If you use a property management company, verify that they understand this requirement and have updated their intake process. If you collect applications yourself, you need a system in place to deliver and document this disclosure before any fee changes hands.
The law creates a compliance step with potential damages exposure. If you collect an application fee without first providing the required written disclosure, you may face liability. This is not a gray area—the disclosure must happen first, in writing, every time.
The provision also requires you to be explicit about your denial criteria upfront. This means you cannot apply unstated standards or change your criteria after the fact. Transparency is now a legal requirement, not a best practice.
You have until January 1, 2027, to prepare. Start by:
If you work with a property management company, request confirmation that they have updated their application intake procedures to comply with HB379 before January 1, 2027.
The Virginia Real Estate and Landlord Association and other trade groups have begun publishing compliance guides and sample disclosure forms. Your state association or local property management network may offer templates or training as the effective date approaches.
Source: HB379 (Virginia Residential Landlord and Tenant Act); effective January 1, 2027. Bill summary and fiscal note available through the Virginia General Assembly.