The tenant you choose matters more than almost any other decision you make as a landlord. A good tenant pays on time, reports problems early, and treats the place like home. A bad fit can mean months of missed rent, damage, and a trip to General District Court. A clear, consistent screening process is how you get more of the first kind, and Virginia has specific rules about how you do it.
I’m Joe, owner of We Buy Homes In Richmond. We’re family-owned, and I’ve worked with rental property around Richmond since 2010. Here’s a step-by-step process that works for single-family homes, duplexes, and small apartment buildings in Richmond, Chesterfield, and Henrico.
Step 1: Write your criteria down first
Before you advertise, decide what a qualified applicant looks like, and put it in writing. For example:
- Minimum monthly income, or an income-to-rent ratio
- What you’ll count as income, including wages, benefits, and other lawful sources
- Rental history you’ll accept, and how many years back you’ll check
- How you’ll weigh credit history
- Your rules on pets, smoking, and how many people can live there
Then apply the same criteria to every applicant, in the order applications come in. Consistency is your best protection under fair housing law, and it makes decisions easier.
Step 2: Know the fair housing basics
Virginia’s Fair Housing Law, Va. Code § 36-96.3, makes it illegal to refuse to rent, or to set different terms, because of a person’s:
- race
- color
- religion
- national origin
- sex
- elderliness
- familial status
- source of funds
- sexual orientation
- gender identity
- military status
- disability
It also covers advertising, so watch the wording in your listing. “Perfect for a young couple” or “no kids” can get you in trouble.
Source of funds includes housing vouchers. Va. Code § 36-96.2 gives a narrow exemption to an owner who owns no more than four rental units in Virginia. That exemption goes away if the owner, directly or through a business, holds more than a 10% interest in more than four rental units. The law also allows a landlord to turn down a voucher if it isn’t approved within 15 days after the tenant submits the request for tenancy approval.
Tenants with disabilities can also ask for reasonable accommodations, such as an assistance animal under a no-pets policy. You have to consider those requests.
Step 3: Use a compliant application
Virginia’s Residential Landlord and Tenant Act sets rules for applications in Va. Code § 55.1-1203:
- Application fee cap. A nonrefundable application fee can’t be more than $50, plus the actual out-of-pocket cost of third-party background or credit checks. For public housing or other HUD-regulated units, the cap is $32 plus those third-party costs.
- Application deposits. You can also take a refundable application deposit. If the applicant doesn’t end up renting, you have to refund everything above your actual expenses and damages, with an itemized list, within 20 days. If the deposit was paid in cash, by certified or cashier’s check, or by postal money order, and you rejected the application, the deadline is 10 days.
- ID and numbers. You may photocopy a driver’s license or similar photo ID, and you can require a Social Security number or an individual taxpayer identification number (ITIN).
- Family abuse. You have to consider evidence that an applicant is a victim of family abuse to offset a low credit score. That evidence can be a letter from a qualified program or attorney, a police report, or a court order.
The General Assembly has already passed a newer version of § 55.1-1203 that takes effect July 1, 2027. Check the current Code before you update your forms.
Step 4: Verify what the applicant tells you
- Identity. Match the photo ID to the person and the application.
- Income. Ask for recent pay stubs, an offer letter, benefit letters, or bank statements. If you can, verify employment with the employer directly.
- Rental history. Call the current and previous landlords. Ask whether rent was paid on time, whether proper notice was given, and whether they’d rent to this person again. Make sure the number you’re calling actually belongs to the landlord.
- Court records. Virginia’s General District Court online case information lets you look up past unlawful detainer (eviction) cases by name and locality.
- Credit report. Look for patterns, like unpaid rent or utility collections, rather than a single number.
If you check criminal history, use the same narrow, written standard for everyone. Talk with an attorney before you set a blanket rule.
Step 5: If you say no, send the right notice
When you deny an application, require a co-signer, or ask for a bigger deposit based even partly on a credit or background report, federal law requires an adverse action notice. Under the Fair Credit Reporting Act, the Federal Trade Commission says the notice has to include:
- the name and contact information of the company that supplied the report,
- a statement that the company didn’t make the decision,
- the applicant’s right to a free copy of the report within 60 days and to dispute errors, and
- any credit score you used.
Keep copies of every application, your written criteria, and your decision notes.
Step 6: Set the lease up right
Once you approve someone, a clear written lease protects both of you. Virginia caps security deposits at two months’ rent. Late fees have to be in the written lease and can’t be more than 10% of the rent or of the unpaid balance, whichever is less. Our guide on how much rent to charge in Richmond covers pricing and rent-increase notice rules. Once someone moves in, keeping good tenants happy is the next job.
When screening isn’t the problem
Sometimes the issue isn’t who’s applying. It’s the property, or how much time and money it takes to keep renting it. If you’re dealing with a tenant problem already, our post on squatters, evictions, and adverse possession in Richmond is a good place to start.
And if you’d rather stop being a landlord, we buy rental houses and multifamily properties as-is, in any condition. There are no commissions or fees, and we pay the closing costs. We can close in about 7 days or on your timeline, anywhere in Richmond, Chesterfield, Henrico, Chester, Midlothian, and nearby. Request a no-obligation cash offer or call (804) 293-0208. I reply within 3 hours.
This article is general information, not legal advice. It summarizes Va. Code §§ 36-96.2, 36-96.3, 55.1-1203, 55.1-1204, and 55.1-1226 and FTC guidance on the Fair Credit Reporting Act as of October 2026. Talk with a Virginia attorney about your screening policy and forms.