SB 349 Virginia Senate · 2026 Regular Session

Virginia Residential Landlord and Tenant Act; pre-tenancy fees.

Summary
Virginia Residential Landlord and Tenant Act; Manufactured Home Lot Rental Act; pre-tenancy fees. Prohibits a landlord from charging or collecting any fee that is not a pre-tenancy fee as described in the bill and limits the charging or collection of such pre-tenancy fees to either prior to or upon the execution of a rental agreement. The bill requires a landlord to, prior to requesting or collecting any payment or information about a prospective tenant and prior to exhibiting the dwelling unit to a prospective tenant, notify the prospective tenant of any pre-tenancy fees in writing or by posting in a manner accessible to a prospective tenant. The bill provides that no landlord shall charge any fee to a prospective tenant prior to exhibiting the dwelling unit to the prospective tenant, unless the prospective tenant agrees to waive such requirement.The bill allows a landlord to collect a pet deposit, defined in the bill as separate from a security deposit, from a tenant if a pet is occupying the dwelling unit. The bill provides that no security deposit or pet deposit may be applied by the landlord toward (i) the cost of professional services or (ii) the cost of materials and labor performed by the landlord or an employee of the landlord, unless such costs are (a) reasonably necessary to return the premises to the same condition as the condition of the premises at the start of the rental agreement, less reasonable wear and tear, and (b) the landlord provides a receipt reflecting such costs to the tenant. The bill also reduces from two months of rent to one month of rent the maximum security deposit amount and decreases from 45 days to 30 days the amount of time after the termination date of the tenancy or the date the tenant vacates the dwelling unit, whichever occurs last, that the landlord shall provide a written notice to the tenant of the itemized charges deducted from the security deposit and applies the same provisions to pet deposits.The bill also provides that nothing shall be construed to allow an owner, manager, or operator of a residential building to charge a tenant for water, sewer, electrical, natural gas, oil, or other utilities if the utility is supplied directly to the tenant.Finally, the bill applies the provisions of law relating to the rental application process and administrative or renewal fees, as amended by this bill, to the Manufactured Home Lot Rental Act.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 13, 2026 Last action Feb 11, 2026
Maddy AI version diff · 1 comparison

What changed between versions

Introduced General Laws and Technology Substitute · 10 edits
MAJOR
The bill was amended from its original introduction to a substitute version, resulting in the removal of several sections related to pre-tenancy fees, application deposits, and specific fee prohibitions. The scope of the bill was significantly narrowed by deleting amendments to sections governing application fees, security deposit timelines, and renewal fee restrictions, while retaining core definitions and exemptions.
Scope change
The bill's scope was reduced by removing proposed amendments to sections 55.1-1203, 55.1-1204, 55.1-1204.1, 55.1-1206, 55.1-1208, 55.1-1212, 55.1-1226, 55.1-1302, and 55.1-1311, which previously addressed pre-tenancy fees and deposit regulations.
REQUIREMENT

Removed proposed amendments to Section 55.1-1203 that would have regulated application fees, application deposits, and the collection of personal information like Social Security numbers.

Removed proposed amendments to Section 55.1-1204 that would have prohibited certain renewal and administrative fees and required landlords to provide copies of rental agreements.

Removed proposed amendments to Section 55.1-1204.1 that would have required itemized fee disclosure statements on the first page of rental agreements.

Removed proposed amendments to Section 55.1-1206 that would have limited the total amount of security deposits and insurance premiums a landlord could collect.

Removed proposed amendments to Section 55.1-1208 that would have prohibited rental agreements from requiring tenants to pay for professional services like cleaning or painting upon lease conclusion.

Removed proposed amendments to Section 55.1-1212 that would have regulated energy submetering and utility billing systems.

Removed proposed amendments to Section 55.1-1226 that would have shortened the timeframe for landlords to return security deposits and clarified rules for withholding funds for unpaid utilities.

Removed proposed amendments to Section 55.1-1302 that would have restricted late fees and prohibited increasing security deposits upon automatic lease renewal.

Removed proposed amendments to Section 55.1-1311 that would have extended pre-tenancy fee restrictions to manufactured home lot leases.

SCOPE

The bill now only amends Section 36-96.2 (Exemptions) and adds a new Section 55.1-1204.2 regarding certain prohibited renewal and administrative fees, while deleting the broader pre-tenancy fee provisions from the original text.

Floor votes

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Full legislative history

Actions timeline

Total actions
7
Key actions
2
Committee
4
Feb 11, 2026
Upper · Passed
Senate committee offered
upper
Feb 4, 2026
Upper · Passed
Senate committee offered
upper
Jan 21, 2026
Committee
Assigned GL&T sub: Housing
upper
Jan 13, 2026
Committee
Referred to Committee on General Laws and Technology
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Schuyler VanValkenburg
Schuyler VanValkenburg
DDemocratic
VA
16