Starting July 1, 2027, Virginia Code § 55.1-1204(K) will require certain Virginia landlords to give written notice of a renewal-term rent increase at least 90 days before the end of the current rental agreement term. The notice must also give the tenant a renewal-response deadline that is no sooner than 30 days after the notice is delivered. The rule does not apply to every landlord or every rent increase.
For covered owners, the practical change is an earlier renewal calendar. A structured rent collection process works best when lease deadlines are decided before they become urgent, while PMI James River's resident retention and renewal framework addresses the broader decision about whether and on what terms to renew. This article stays with the narrower statutory question: who is covered, what changes on July 1, 2027, and how the new deadlines fit together.
Key Takeaways
- The 90-day rule takes effect July 1, 2027. Until then, the current version of § 55.1-1204(K) uses a 60-day notice period for the covered renewal situations described in the statute.
- The rule applies only when the landlord meets the ownership threshold in subsection K and the tenant has an option to renew or an automatic-renewal provision.
- Starting July 1, 2027, a covered rent-increase notice must be given at least 90 days before the end of the current term and must give the tenant at least 30 days after delivery before a renewal response can be required.
- The statutory nonrenewal deadline in subsection K remains at least 60 days before the end of the term.
- The 90-day rule concerns a rent increase for a subsequent rental agreement term. It does not create a general right to raise rent in the middle of an existing fixed term.
In This Guide
- Who Is Covered by the 90-Day Rule?
- What Changes on July 1, 2027?
- How the 90-Day, 30-Day, and 60-Day Deadlines Work Together
- What the 90-Day Rule Does Not Cover
- What About Periodic and Month-to-Month Tenancies?
- How Owners Should Prepare for the 2027 Change
Who Is Covered by the 90-Day Rule?
The controlling provision is Virginia Code § 55.1-1204(K). Starting July 1, 2027, the 90-day requirement applies when all of the following are true:
- The landlord owns more than four rental dwelling units in Virginia, or owns more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity.
- The tenant has an option to renew the rental agreement or the rental agreement contains an automatic-renewal provision.
- The landlord is increasing the rent for the subsequent rental agreement term.
Those conditions matter. A landlord who does not meet either ownership threshold does not become subject to subsection K merely because the property is a Virginia rental. A fixed-term lease that gives the tenant no renewal option and contains no automatic-renewal provision also does not fit the subsection K trigger as written.
Key point: Virginia's 90-day requirement is a targeted renewal rule, not a blanket rule for every landlord, every tenancy, or every change in rent.
The statute also contains a periodic-tenancy exception, discussed below. That exception should be read from the actual statutory text rather than reduced to a shortcut such as “month-to-month leases are exempt.”
What Changes on July 1, 2027?
Virginia already has a notice rule in subsection K for the same covered landlord and renewal situations. The current version, which remains effective until July 1, 2027, requires the rent-increase notice and a landlord's notice of nonrenewal to be provided at least 60 days before the end of the rental agreement term.
The future version changes the rent-increase side of that rule. It moves the minimum notice period from 60 days to 90 days and adds a minimum tenant decision window. It does not move the landlord's nonrenewal deadline to 90 days.
| Requirement | Until July 1, 2027 | Starting July 1, 2027 |
|---|---|---|
| Covered renewal-term rent increase | At least 60 days before the end of the term | At least 90 days before the end of the term |
| Tenant renewal-response deadline stated in the rent-increase notice | No separate 30-day minimum response window stated in subsection K | No sooner than 30 days after delivery of the notice |
| Landlord notice of nonrenewal under subsection K | At least 60 days before the end of the term | At least 60 days before the end of the term |
This requirement is one of the Virginia landlord-tenant law changes enacted in 2026 that owners need to build into 2027 renewal calendars. The future Code version identifies the change as effective July 1, 2027.
How the 90-Day, 30-Day, and 60-Day Deadlines Work Together
The future statute creates three different timing points, and they should not be collapsed into one number.
- At least 90 days before term end: the covered landlord provides written notice of the proposed rent increase for the subsequent term.
- At least 30 days after delivery: the earliest date the notice may require the tenant to advise whether the tenant will renew.
- At least 60 days before term end: if the landlord is not renewing the rental agreement, subsection K still requires written notice of nonrenewal by this point.
The 30-day requirement is a minimum response window, not a rule that every tenant must respond exactly 30 days after receiving the notice. A landlord may give more time. What the future statute prevents is a covered landlord giving the 90-day rent-increase notice and then requiring a renewal decision sooner than 30 days after delivery.
The delivery date therefore matters. It starts the minimum response period. From an operating standpoint, the file should make clear what notice was sent, when it was delivered, and what response deadline the notice stated.
What the 90-Day Rule Does Not Cover
Subsection K is about an increase in rent during the subsequent rental agreement term. It should not be read as permission to raise rent unilaterally during an existing fixed term. Subsection I of the same statute separately says that a unilateral change in the terms of a rental agreement is not valid unless the required notice is given and both parties consent in writing to the change.
The new rule also does not make every nonrenewal a 90-day notice. For landlords covered by subsection K, the future text keeps the statutory nonrenewal period at no less than 60 days before the end of the rental agreement term.
And the statute does not turn the legal timing question into a complete notice-writing guide. It tells a covered landlord when the rent-increase notice must be provided and requires a renewal-response deadline in that notice. Drafting conventions, lease-specific wording, and delivery procedures are separate questions. Keeping those subjects separate helps an owner determine applicability first instead of starting with a form letter and assuming the form fits the tenancy.
What About Periodic and Month-to-Month Tenancies?
Subsection K says that it does not apply to “any periodic tenancy created pursuant to subsection C of § 55.1-1253.” That cross-reference deserves care. The current text of Virginia Code § 55.1-1253 uses subsection C for a tenant who remains in possession without the landlord's consent after expiration or termination. Subsection D addresses a tenant who remains with the landlord's agreement as a holdover or month-to-month tenant without a new rental agreement.
Subsection D also has its own rent-change timing rule: when a terminated agreement continues as a consensual holdover or month-to-month tenancy, a new rent amount stated in written notice cannot take effect until the next rent due date coming 30 days after the notice.
For that reason, owners should not translate subsection K's periodic-tenancy language into a blanket statement that all month-to-month rent increases require 90 days, or that all month-to-month tenancies are simply exempt. The tenancy first has to be classified correctly. PMI James River's guide to Virginia holdover and month-to-month tenancies addresses that separate status question in more detail.
How Owners Should Prepare for the 2027 Change
The main operational change is not the extra 30 days on the notice itself. It is the need to finish the renewal decision earlier.
Before setting renewal terms, PMI James River reviews payment history, lease compliance, property condition, maintenance history, current market rent, and lease-expiration timing together rather than relying on one factor alone. Under a 90-day notice rule, that review cannot begin at the 90-day mark. The owner still needs time to decide whether renewal makes sense, determine the proposed rent, and approve the terms before the written notice is due.
- Pull the lease first. Confirm the term end date, renewal option, automatic-renewal language, and any lease-specific notice requirements.
- Confirm whether subsection K applies. Check the ownership threshold and the tenant's renewal rights before putting a 90-day deadline on the calendar.
- Make the rent decision early. Review market rent and the actual tenancy before preparing the notice.
- Separate rent increase from nonrenewal. The future statute gives those two decisions different timelines.
- Preserve the delivery record. The tenant's minimum response window runs from delivery of the rent-increase notice.
Key point: July 1, 2027 is the effective date, not the date owners should begin preparing. For some summer 2027 lease expirations, the 90-day planning point arrives before July 1. Moving the renewal review earlier avoids making the transition itself the deadline.
The enacted text does not provide a separate transition formula inside subsection K for a rent-increase notice that may need to be sent before July 1 for a term ending after the effective date. When that transition issue is outcome-determinative for a particular lease, the specific dates and agreement should be reviewed rather than guessed. Operationally, owners can avoid much of the uncertainty by moving the review to the earlier 90-day schedule in advance.
The same discipline supports rent collection for landlords. Clear lease terms, defined deadlines, and reliable records make both renewal and ongoing payment administration easier to manage.
Frequently Asked Questions
Does Every Virginia Landlord Have to Give 90 Days' Notice of a Rent Increase?
No. Section 55.1-1204(K) applies only when the landlord meets its ownership threshold and the tenant has an option to renew or an automatic-renewal provision. The rent increase must also concern the subsequent rental agreement term. Other leases and tenancy types may be governed by different lease terms or statutory rules.
When Does Virginia's 90-Day Rent Increase Notice Requirement Take Effect?
July 1, 2027. Until then, the current version of subsection K uses a 60-day notice period for covered renewal-term rent increases. Because some 90-day planning dates for summer 2027 expirations fall before July 1, owners should review those renewals early rather than waiting for the effective date to start preparing.
Does the Tenant Get Exactly 30 Days to Decide Whether to Renew?
No. The future statute says the response deadline stated in the rent-increase notice may be no sooner than 30 days after the notice is delivered. Thirty days is the minimum response window. A landlord may provide a later deadline.
Does the New Law Require 90 Days' Notice of Nonrenewal?
No. The July 1, 2027 version of subsection K keeps the landlord's written nonrenewal notice at no less than 60 days before the end of the rental agreement term.
Does the 90-Day Rule Apply to Month-to-Month Rent Increases?
Not as a blanket rule. Subsection K contains a periodic-tenancy exception that cross-references § 55.1-1253(C), while § 55.1-1253(D) separately addresses consensual holdover or month-to-month tenancies and changes in rent. The tenancy should be classified under the applicable provisions before a notice period is selected.
Does a 90-Day Notice Allow a Landlord to Raise Rent During the Current Lease Term?
No. Subsection K addresses an increase for the subsequent rental agreement term. A 90-day notice by itself does not create a right to change the rent in the middle of an existing fixed term.
Build the New Deadline Into the Renewal Calendar
Virginia's 2027 change is manageable when renewal decisions are made on a calendar instead of at the last minute. Covered owners need to identify the tenancy, make the renewal and pricing decision early enough, deliver the required notice, give the tenant the statutory response window, and keep the separate nonrenewal deadline straight.
PMI James River coordinates lease renewals, resident communication, and ongoing rental administration for Richmond-area owners. Owners who want the 2027 notice change built into a consistent management process can schedule a consultation.
Published: August 27, 2026
