Virginia Tenant Background Check and Screening Laws

What a Tenant Background Check Covers

Tenant background checks uncover the facts to help you select the most qualified renter. Here’s what landlords learn from a tenant background check:

Credit history: Get the full picture with the applicant’s credit report, credit score, and open credit lines. Background checks also give you insight into the following financial details:

• Payment history,
• Credit inquiries,
• Collections history, and
• Civil records.

Therefore, you can accurately gauge whether or not the applicant can afford to pay rent on time.

Criminal history: Check whether the renter has a criminal record and, if so, assess its extent. TurboTenant checks 200M+ records to identify any previous misdemeanors, felonies, or active warrants.

Keep in mind, local laws determine if and how you use a renter’s criminal record when making a decision. Always check your area’s legal guidelines to stay compliant.

Eviction history: Background checks present the renter’s full eviction history, including:

• Reports of failure to pay rent,
• Judgments for Rent, Possession, and Money,
• Unlawful detainer actions, and
• Writs and Warrants of Eviction.

As a landlord, always double-check that your local laws allow you to consider past evictions when making a decision.

Income verification and fraud detection: TurboTenant Pro users get access to in-depth tenant screening information powered by Snappt that helps them spot the following red flags:

• Fake employer information,
• Known ‘bad actors’, and
• Fraudulent documents.

Rental history: Contacting the renter’s previous landlords can tell you what to expect from a renter after you hand over the keys. Ask about their rent payment habits, how well they maintained the unit, and whether or not they came close to breaking the lease.

References: Getting in touch with employers and personal references listed on an applicant’s rental application adds another layer of information to an applicant’s story.

Federal Tenant Background Check Laws

When working with a tenant background check, Virginia landlords must comply with these three federal laws:

Fair Credit Reporting Act (FCRA): Running an applicant’s credit or background report is what the FCRA calls a “permissible purpose” to obtain a consumer report. Written, standalone consent is how you document it, which is why every reputable screening service asks for it up front. From there, the law adds two steps: applicants can get a summary of their FCRA rights, and if the report leads to a denial, requires a co-signer, or results in less favorable terms, you must send a pre-adverse action notice with a copy of the report before the final adverse action notice (Fair Credit Reporting Act).

Fair Housing Act (FHA): You can’t deny or discriminate against applicants based on race, color, national origin, religion, sex, familial status, or disability (Fair Housing Act).

HUD Guidelines: For years, HUD told landlords to avoid blanket bans for applicants with criminal records. It withdrew that guidance in 2026. However, case law (Inclusive Communities, 576 U.S. 519 (2015)) still applies, and blanket bans on criminal history can still result in a discrimination claim. Be careful to consider the severity, timing, and nature of the offense when making housing decisions.

Virginia Tenant Screening Laws

For the most part, Virginia tenant screening laws align with federal requirements. Here’s an overview:

Criminal history: Landlords in Virginia can review a renter’s criminal history when conducting a tenant background check. Virginia law doesn’t cap lookback periods or set certain offenses as off-limits.

Fair Chance Housing (“ban the box”): Virginia law allows landlords to review a renter’s criminal history from the start without making a conditional offer.

State-specific Fair Housing additions: Along with FHA-protected renter traits, Virginia’s Fair Housing Law prohibits discrimination against the following:

• Source of funds (any lawful source of funds for housing, including vouchers, benefits, and subsidy programs),
• Sexual orientation,
• Gender identity,
• Military status, and
• Elderliness (Va. Code § 36-96.1, 36-96.3).

Note that the source of funds protection doesn’t apply to owners with 4 or fewer units, or no more than a 10% interest in more than four units (Va. Code §36-96.2(I)-(J)).

State-level notice/disclosure requirements: No state laws require landlords to disclose background check information to tenants. Virginia landlords don’t have to notify renters, either.

Reusable tenant screening reports: Many states permit their use, but the laws change frequently. Check your current local regulations before using them to mitigate risk.

Tenant Screening Differences by City in Virginia

In addition to state laws, some cities have local ordinances that require landlords to follow strict guidelines. However, most areas align with Virginia’s guidelines.

Here’s an overview of the laws in a few popular areas:

Virginia Beach, Virginia

The city aligns with the state’s tenant screening laws.

Virginia Beach landlords should look into the local requirements for the tenant background check. Virginia Beach laws can change over time.

Chesapeake, Virginia

For background checks, Chesapeake law follows state guidelines as well. The same goes for tenant screening in Chesapeake.

Norfolk, Virginia

The rules regulating the background check in Norfolk are the same as Virginia’s guidelines. Tenant screening in Norfolk follows the state’s requirements, as well.

Arlington, Virginia

Laws regulating background checks in Arlington align with Virginia’s rulebook. The same goes for the laws governing tenant screening in Arlington.

Richmond, Virginia

Like the other cities on our list, Richmond’s tenant-screening laws align with the state’s policies. For rules governing background checks, Richmond also follows the state’s legal requirements.

Red Flags to Watch Out For

While reviewing a tenant background check, Virginia landlords should always pay special attention to the following items that could indicate risk:

Late payments or collections: If you learn about a history of rent debt, consider it a habit that may continue in your unit, too.

History of evictions: Evictions indicate lease violations. Err on the side of caution by learning more before moving forward.

Unverifiable income: Random or inconsistent income may indicate the renter is having difficulty paying rent in full and on time each month.

Inconsistent rental history: Gaps in rental history aren’t always a big deal, but they could indicate unstable circumstances.

Criminal charges: While following legal guidelines for criminal history, always consider if frequent or recurring criminal offenses pose a risk to your property, community, or other tenants.

How to Legally Run a Tenant Background Check in Virginia

All things considered, use this quick list to stay compliant and make the most of each background check:

• Always secure the renter’s written consent before running any reports.
• Use a verified tenant background-check provider (such as TurboTenant).
• Verify the applicant’s identity and SSN, and make sure the information matches across all records.
• Don’t skim over reports. Read through them carefully, taking note of any discrepancies.
• In compliance with your local laws, check for evictions or criminal history.
• Be fair and consistent across all applicants, and never use discriminatory criteria.
• Send an adverse action notice if you reject someone based on their background check.
• Use TurboTenant to make landlording easier, including the tenant background check, Virginia legal compliance, and daily operations.