Tenant Screening Laws in Virginia: What You Can — and Cannot — Ask

Tenant screening is one of the most important parts of protecting your rental property. It is also one of the areas where landlords unintentionally create the most legal risk.

In Hampton Roads — whether your property is in Virginia Beach, Chesapeake, Norfolk, Portsmouth, or Suffolk — screening is not simply about deciding whether someone “feels right.” It is governed by both federal and Virginia law. The questions you ask, the standards you apply, and the consistency of your decisions all matter.

Many landlords assume that because they own the property, they can choose whoever they want. That is not how it works.

All residential landlords must comply with the Fair Housing Act as well as the Virginia Fair Housing Law. These laws prohibit discrimination based on protected characteristics such as race, color, religion, national origin, sex, familial status, disability, and additional protected classes under Virginia law. Screening decisions must be based on legitimate business criteria — not personal impressions.

That means you can ask questions that relate directly to the applicant’s ability to fulfill the lease obligations. You can verify income. You can review credit history. You can contact prior landlords. You can evaluate rental history and payment performance. You can run background checks. You can establish reasonable occupancy limits. These are all legitimate screening tools — when applied consistently.

Consistency is where many landlords run into trouble.

For example, if you require income to be three times the monthly rent, that standard must apply to every applicant. If you evaluate credit history in a certain way for one applicant, you must evaluate it the same way for the next. Making an exception because someone “seems responsible” or because you feel sympathetic toward their situation may feel reasonable in the moment, but inconsistent application of standards can create serious exposure.

Criminal background checks require particular care. Blanket policies that automatically deny anyone with any criminal record can raise Fair Housing concerns, especially if the policy does not consider the nature, severity, and recency of the offense. Screening policies should be thoughtful, documented, and applied uniformly.

Equally important is understanding what you cannot ask.

You cannot ask about religion, national origin, disability status, marital status, plans to have children, or other protected characteristics. Even casual conversation during a showing can drift into dangerous territory. Asking someone where they are from, what church they attend, or whether they plan to start a family may seem harmless, but those questions can be interpreted as discriminatory.

You also cannot steer applicants toward or away from certain properties based on perceived suitability. Comments like “This neighborhood is better for young families” or “You might feel more comfortable in another area” can create serious issues. Intent does not eliminate liability.

Application fees are another area that must comply with Virginia law. Under the Virginia Residential Landlord and Tenant Act, there are requirements regarding how application fees are handled and disclosed. Transparency about what the fee covers and whether it is refundable protects both parties.

In Hampton Roads, military tenants make up a large portion of the rental market. Military status itself should not change your screening standards. Income, credit, and rental history must be evaluated the same way you would for any other applicant. While military orders can affect lease termination rights later, they do not replace consistent screening criteria at the application stage.

The safest approach for any landlord is to establish written, objective screening standards before advertising the property. These standards should clearly outline income requirements, credit considerations, rental history expectations, occupancy limits, and background review procedures. When those standards are documented and applied uniformly, the risk of discrimination claims drops significantly.

Tenant screening is not about choosing who you “like.” It is about determining, through lawful and consistent standards, who is financially and contractually qualified to rent the property.

Many self-managing landlords in Hampton Roads discover that screening is more complex than they expected. The legal exposure tied to inconsistent or improperly structured screening decisions can be substantial.

Screening done correctly protects your property. Screening done casually can create long-term problems.

If you own rental property in Hampton Roads and are unsure whether your screening practices align with Virginia law, it may be time to review your process carefully. Structured, compliant screening is one of the strongest protections a landlord can put in place.