A new Virginia law requires landlords to hand tenants a written disclosure about fees and screening criteria before asking for an application fee—and noncompliance can lead to court damages.
Most Virginia landlords and property managers don't yet know that a provision buried in HB379 will fundamentally change how they collect application fees. Starting January 1, 2027, you must provide prospective tenants with a written disclosure document before you collect a single dollar or piece of tenant information—and the law exposes you to damages litigation if you don't.
Under HB379, landlords must prepare and deliver a written disclosure to any prospective tenant before soliciting an application fee or requesting tenant information for screening purposes. That disclosure must cover three things: the amount of any fee you will charge, whether that fee is refundable, and all criteria you will use to deny an application.
This is not a casual email or a link to your website. The law contemplates a formal, written document that clearly lays out your policies in advance. The tenant must receive it before you ask for money or data.
The rule applies to landlords and property managers in Virginia who collect application fees. That includes individual owners, small-business landlords, and professional management companies. If you screen tenants and charge a fee for that screening, you are covered by this provision.
Transparency in rental screening has become a priority in Virginia tenant law. The disclosure requirement serves two purposes: it gives prospective tenants clear information about what they will pay and how you will evaluate them, and it creates a paper trail that protects both parties if a dispute arises.
More importantly, failure to comply is not a minor oversight. The bill summary and fiscal note for HB379 make clear that noncompliance exposes landlords to damages litigation in court. A tenant who was not given the required disclosure before paying an application fee, or before providing screening information, may have grounds to sue for damages. Legal costs and potential liability can be substantial, especially if multiple tenants are affected or if a class action is filed.
If you own or manage rental property in Virginia, begin preparing your disclosure document now, even though the effective date is January 1, 2027. Draft a clear, plain-language statement that lists your application fee amount (if any), states whether the fee is refundable, and itemizes every criterion you use to screen and deny applications—credit score thresholds, income multiples, criminal history policies, eviction history policies, and any other standard you apply.
Have your document reviewed by someone familiar with Virginia landlord-tenant law to ensure it complies with the statute. Then build it into your leasing process: every prospective tenant gets the disclosure before you ask for payment or information.
The January 1, 2027 deadline may seem distant, but preparing early reduces the risk of mistakes and gives you time to integrate the disclosure into your systems and training.
Source: HB379, Virginia Residential Landlord and Tenant Act; Bill Summary and Fiscal Note (p.1)