Virginia's New Maintenance Fee Law: What Landlords Can (and Can't) Charge Tenants Starting July 2026

Starting July 1, 2026, Virginia landlords can no longer charge tenants a general fee for maintenance or repairs on top of rent, unless the repair was caused by the tenant's own violation of the lease or the VRLTA. HB 1005 and SB 313 close the loophole that let flat maintenance surcharges ride along with monthly rent.

What does Virginia's new maintenance fee law prohibit?

Under HB 1005 and SB 313, landlords covered by the Virginia Residential Landlord and Tenant Act may not require a tenant to pay any fee for the maintenance or repair of a dwelling unit. That includes:

• A flat "maintenance fee" line item added to the monthly rent invoice
• A per-work-order repair "deductible" — billing the tenant the first $50–$100 of every repair, a clause many owners copied from older lease templates
• A mandatory repair surcharge written into the lease or a lease addendum
• Any routine-upkeep charge passed through to the tenant as a condition of signing or renewing the lease

The only carve-out: if the repair is necessitated by the tenant's own violation of the VRLTA - meaning damage the tenant caused beyond normal wear and tear - the landlord can still bill for it.

Why did lawmakers target maintenance fees?

Before this law, some Virginia leases bundled a recurring "maintenance fee" or "repair fee" into rent regardless of whether anything actually needed fixing that month. Tenants paid the charge whether or not a work order was ever filed. HB 1005 and SB 313, both signed by Governor Spanberger and effective July 1, 2026, tie repair charges to actual, documented, tenant-caused damage instead of a recurring pass-through.

What landlord repair charges are still legal in Virginia?

Understanding which landlord repair charges Virginia law still permits keeps your rent roll compliant without leaving money on the table for damage tenants actually caused.

Is every landlord subject to this law?

No. The General Assembly built in a limited exemption for landlords who own four or fewer rental dwelling units, or hold a 10 percent or smaller interest in four or fewer units. Larger owners and most professionally managed portfolios fall under the full VRLTA and must comply with the maintenance-fee ban starting July 1, 2026.

What does VRLTA lease compliance look like for 2026?

• Search your lease and every addendum for "maintenance fee," "repair fee," "service fee," or similar recurring line items
• Remove any charge that isn't tied to a specific instance of tenant-caused damage
• Rewrite security-deposit and damage clauses so deductions are clearly linked to documented conditions beyond normal wear and tear
• Update your rent ledger and invoicing templates so no automatic maintenance charge appears on a tenant statement
• Train leasing and accounting staff on the July 1 effective date so no legacy fee gets billed after that point

Century 21 Accent Homes coordinates all maintenance through vetted, licensed vendors at no markup, and when damage is tenant-caused, we document it with dated photos so any lawful charge holds up if a tenant disputes it.

Frequently asked questions

Can I still make my tenant handle routine upkeep like HVAC filters? Yes — there's a difference between a duty and a fee. Your lease can still make the tenant responsible for performing routine care like replacing HVAC filters, and if their neglect of that duty causes damage, that repair remains chargeable. What you can no longer do is bill the tenant a fee or deductible for maintenance and repairs the property needs in the ordinary course. A resident benefits package is different again: it charges for services delivered to the resident — filter delivery, renters insurance, credit reporting — not for maintaining or repairing the unit, which is what the statute's text prohibits.

Can I still deduct repair costs from a security deposit? Yes, if the damage goes beyond normal wear and tear and you document it with photos, invoices, and a clear connection to the tenant's action, the deduction remains lawful under Virginia's security-deposit rules.

Does this law apply to my small four-unit rental portfolio? Possibly not directly. The law includes a limited exemption for landlords with four or fewer units, or a 10 percent or smaller interest in four or fewer units. Even so, removing blanket maintenance fees from every lease is the safer, cleaner practice regardless of portfolio size.

*This article is for general information and is not legal advice. Consult a Virginia attorney about your specific situation.*