The short answer: Since July 1, 2026, Virginia landlords covered by the Virginia Residential Landlord and Tenant Act have to accept rent and security deposits by check and money order, give a written receipt whenever a tenant pays in cash or by money order, and offer at least one way to pay that carries no extra fee if they charge any processing fee at all. Any processing fee can't exceed what a third party actually charges the landlord. Landlords also can't make tenants pay a fee for maintenance or repairs unless the tenant's own violation of the Act caused the work. These rules come from HB 1005, signed as Chapter 722 of the 2026 Acts of Assembly, which amended Va. Code § 55.1-1204 and § 55.1-1208.
This article is general information, not legal advice. Talk to a Virginia attorney about your lease and your situation.
Why this matters for Charlottesville owners
A lot of Charlottesville and Albemarle rentals are owned by people with one to four units: a condo bought during grad school, a house kept after a move, a duplex near downtown. Those leases often carry fee language copied from an old template or an online form. Some of that language, like a flat "convenience fee" on every online payment or a charge for routine repairs, now conflicts with state law. Under § 55.1-1208, a prohibited lease provision is unenforceable, and if a landlord sues to enforce one, the tenant can recover actual damages and reasonable attorney fees. A ten-minute lease review is cheaper than that.
Rule 1: You must accept checks and money orders
Section 55.1-1204(J)(1) says the landlord "shall accept payment of periodic rent and any security deposit by check and money order." You can still steer tenants toward a portal or ACH, and most tenants prefer it, but a lease that refuses checks or money orders outright doesn't line up with the statute.
Small-landlord carve-out: A landlord with four or fewer rental units, or up to a 10 percent interest in four or fewer units, isn't required to accept rent or deposits by debit or credit card (§ 55.1-1204(J)(2)). That exemption is about cards only. It doesn't excuse a small landlord from taking checks and money orders.
Rule 2: Receipts for cash and money orders are automatic
The current text of § 55.1-1204(J)(1) requires the landlord to give the tenant a written receipt "whenever the tenant pays rent in the form of cash or money order." HB 1005 removed the earlier wording that tied the receipt to the tenant's request. In practice, if you ever take cash or a money order, give a receipt every time and keep a copy with your ledger.
That ledger matters for more than receipts. If a tenant asks in writing for a statement of charges and payments, § 55.1-1204(D) gives you 10 business days to provide one covering the tenancy or the past 12 months, whichever is shorter. Clean records also make the 14-day pay-or-quit notice easier to get right if rent goes unpaid.
Rule 3: Processing fees need a fee-free alternative and a cost cap
Two limits apply to any fee for collecting or processing rent, deposits, or other charges:
- A no-fee option has to exist. No landlord may charge a processing fee "unless the landlord offers an alternative method of payment that does not include additional fees." Checks and money orders already count toward this in most setups, but make sure the lease says so plainly.
- The fee can't exceed actual cost. When a fee is charged, it can't be more than "the actual out-of-pocket expenses charged to the landlord by a third party to process a payment by credit card, debit card, or electronic payment." A flat markup on top of what the processor charges isn't allowed.
What to check in your lease: Look for any fixed-dollar "convenience," "portal," or "online payment" fee. Compare it with what your payment processor actually charges. If the lease fee is higher, or if every available payment method carries a fee, the clause needs to change.
Rule 4: No maintenance or repair fees, with one exception
Before HB 1005, the ban on charging tenants maintenance or repair fees in § 55.1-1208(C) applied only when the landlord was a public housing authority. It now reads: "Unless necessitated by the tenant's violation of a requirement of this chapter, no landlord shall require a tenant to pay any fee for the maintenance or repair of any dwelling unit."
That means lease clauses like these deserve a hard look:
- A flat monthly "maintenance fee" or "repair fund" charge
- A per-visit "service call" or "trip charge" for ordinary repairs
- A fixed deductible the tenant pays on every work order
Charging a tenant for damage they caused in violation of the Act is still allowed. The line is between ordinary upkeep, which is the owner's cost, and damage the tenant caused.
A related rule owners with more than four units should know
The same section also covers renewal notices. A landlord who owns more than four rental units, or more than a 10 percent interest in more than four, anywhere in Virginia, has to give written notice of a rent increase for the next term, or of nonrenewal, at least 60 days before the lease ends (§ 55.1-1204(K)). That applies to tenants with a renewal option or an automatic renewal clause. If you own several Charlottesville and Albemarle units, put that 60-day date on your calendar for every lease.
A quick lease and process checklist
- Your lease lists check and money order as accepted payment methods.
- At least one accepted payment method carries no fee, and the lease says which one.
- Any processing fee is no higher than your processor's actual charge.
- Cash and money order payments always get a written receipt.
- No clause charges tenants for ordinary maintenance or repairs.
- Charges for tenant-caused damage are tied to an actual violation, documented with photos and invoices.
- If you own more than four units, renewal and nonrenewal notices go out at least 60 days before the lease ends.
- You can produce a full ledger within 10 business days if a tenant asks in writing.
How pmi commonwealth helps
- Leases and fee terms reviewed against current Virginia law, including HB 1005
- Rent collection with clear payment options and a documented ledger
- Maintenance billed to the owner as an expense, with tenant charges only for documented tenant-caused damage
- Renewal and nonrenewal notices tracked against lease end dates
Full-service management is a 10% monthly management fee plus a $1,000 leasing fee when we place a tenant. See our pricing page for details. Not sure what your home should rent for? Start with a free rental analysis. We suggest a rent range, and you make the final call. You can also learn more about our Charlottesville property management services.
FAQ
Do I have to accept credit cards for rent?
Not if you have four or fewer rental units, or up to a 10 percent interest in four or fewer. Larger landlords should read § 55.1-1204(J) with their attorney. Every landlord must accept checks and money orders.
Can I still charge a fee for online rent payments?
Yes, if you also offer a way to pay with no fee, and the fee is no higher than what your third-party processor actually charges you.
Can my lease charge a monthly maintenance fee?
No. Since July 1, 2026, a landlord can't require a tenant to pay any fee for maintenance or repair unless the tenant's violation of the Act made the repair necessary.
Can I bill a tenant for damage they caused?
Yes. The ban has an exception for repairs necessitated by the tenant's violation of the Act. Document the damage and the cost.
What happens if my lease has a clause that's now prohibited?
Under § 55.1-1208(B), the provision is unenforceable. If you try to enforce it in court, the tenant can recover actual damages and reasonable attorney fees.
Does this apply to my Albemarle County rental too?
Yes. HB 1005 is state law, so it applies to VRLTA tenancies in the City of Charlottesville, Albemarle County, and the rest of Virginia.
