Virginia Tenant Screening Disclosures 2027: Required Disclosures Before Requesting Fees or Information
by Platuni | 06 Oct, 2026 | 5 mins read
Platuni
06 October, 2026
5 mins read
1. Why "prior to requesting or collecting" sets a strict sequencing requirement
The statute requires disclosure before a landlord requests or collects any payment or information about a prospective tenant.
[Cite: Va. Code 55.1-1203(A), as amended by H.B. 379, 2026 Va. Acts of Assembly, c. 1050]
That sequencing is strict; a landlord can't collect an application fee and applicant information first, then provide the required disclosures afterward, even informally or quickly. The disclosure has to come before that first request, not alongside or immediately after it.
2. Why fee and deposit refundability specifically has to be disclosed
The required disclosure includes fee and deposit amounts and whether those amounts are refundable.
[Cite: Va. Code 55.1-1203(A)]
That refundability piece matters beyond just stating a dollar figure; an applicant deciding whether to apply needs to know upfront whether a denied application means losing the fee entirely or getting some portion back, and the statute makes that information mandatory rather than something a landlord can leave ambiguous.
3. Why selection criteria has to include both automatic and additional denial criteria
The disclosure covers tenant selection criteria, specifically including automatic denial criteria and any additional denial criteria the landlord applies.
[Cite: Va. Code 55.1-1203(A)]
That distinction between automatic and additional criteria matters; a landlord with a hard automatic disqualifier, say, a specific type of past eviction, has to disclose that bright-line rule separately from any additional, more discretionary factors that might also affect a decision.
4. Why the consumer reporting agency disclosure exists specifically for screening transparency
If a landlord uses a consumer reporting agency, the notice has to name that agency and provide its address.
[Cite: Va. Code 55.1-1203(A)]
That requirement gives an applicant a concrete, identifiable entity to contact if something in their screening report seems wrong, rather than leaving them unsure which agency actually ran the check behind a denial they might later want to dispute.
5. Why the free-report and dispute-rights disclosures connect to federal consumer protection law
The notice has to inform the applicant of their right to a free copy of the consumer report upon denial and their right to dispute the report's accuracy.
[Cite: Va. Code 55.1-1203(A)]
Those rights generally already exist under federal consumer reporting law; this state provision makes sure a Virginia applicant is told about them upfront, as part of the rental screening process specifically, rather than only learning about them after already being denied.
6. Why this effective date follows the primary statutory text over secondary summaries
Several secondary compliance guides list a January 1, 2027 effective date for this requirement, but the Code of Virginia's own published text for the amended Section 55.1-1203 shows July 1, 2027 in its own section heading.
[Cite: Va. Code 55.1-1203, effective date notation]
This article follows that primary source's July 1, 2027 date; a landlord planning around an earlier date risks preparing disclosure materials ahead of a deadline that isn't the one the statute itself states.
7. Why the notice format allows some flexibility, but not vagueness
The statute allows the required notice to be given in writing or by accessible posting.
[Cite: Va. Code 55.1-1203(A)]
That flexibility means a landlord isn't locked into a single delivery method, a written notice handed to each applicant individually, or a clearly accessible posting at the property or on an application portal, can both work; what matters is that the disclosure actually reaches the applicant before any fee or information is requested, regardless of which format is used.
8. Why the family-abuse consideration provision carries its own separate remedy
The same section separately addresses family-abuse considerations in screening, and violations of that specific requirement allow an applicant to recover actual damages, including amounts paid as an application fee or deposit, plus attorney's fees.
[Cite: Va. Code 55.1-1203(E)]
That remedy provision is distinct from the disclosure requirement discussed above; a landlord should treat these as 2 separate compliance obligations within the same statute, each worth understanding on its own terms rather than assuming one covers the other.
9. Why screening policies need to be written down clearly before this takes effect
Since the statute requires disclosing specific selection and denial criteria, a landlord's screening policy itself needs to be documented clearly enough to actually disclose it; an informal, undocumented screening approach makes compliant disclosure difficult.
[Cite: Va. Code 55.1-1203(A)]
A landlord who's relied on ad hoc screening judgment rather than a written policy has real work to do before July 2027, not just updating a notice template, but actually formalizing the underlying criteria that notice is supposed to describe.
10. Why this fits a broader 2026-2027 pattern of upfront disclosure requirements in Virginia
This screening disclosure requirement arrives in the same general legislative period as Virginia's new lease-fee itemization requirement and its payment-method disclosure rules.
[Cite: Va. Code 55.1-1203; Va. Code 55.1-1204, both amended in the 2025-2026 sessions]
A property manager should recognize this as part of a wider trend toward requiring landlords to disclose financial and procedural terms upfront, before money changes hands, rather than treating this screening disclosure as an isolated, standalone change.
11. What property managers should do now
The practical starting point is formalizing a written screening policy that clearly states automatic and additional denial criteria, since the statute requires disclosing exactly that distinction.
Building a standard pre-application notice, covering fees, refundability, selection criteria, and screening-agency information where applicable, and confirming it's delivered or posted before any fee or applicant information is ever requested, closes the compliance gap this requirement is built around.
Frequently asked questions
When does Virginia's screening disclosure requirement take effect?
July 1, 2027, under House Bill 379, 2026 Acts of Assembly Chapter 1050, amending Virginia Code Section 55.1-1203.
What has to be disclosed before a landlord collects an application fee?
Fee and deposit amounts and refundability, tenant selection criteria including automatic and additional denial criteria, the screening agency if one is used, and the applicant's free-report and dispute rights.
Can the notice be a posting rather than something given directly to each applicant?
Yes. The statute allows the notice to be in writing or by accessible posting, as long as it's provided before any fee or information is requested.
Does this apply if a landlord doesn't use a consumer reporting agency?
The agency-specific disclosure wouldn't apply, but the other required disclosures, fees, selection criteria, and denial criteria, still do.
Is this the same as the family-abuse consideration provision in the same statute?
No. That's a separate requirement within the same section, with its own damages and attorney's-fee remedy for violations.
What should a landlord do to prepare?
Formalize a written screening policy stating selection and denial criteria clearly, and build a standard pre-application disclosure notice covering every required item.
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