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Salem is an independent city in southwestern Virginia, situated in the Roanoke Valley and home to roughly 25,000 residents. A significant share of Salem's households rent rather than own, and those renters rely almost entirely on Virginia's statewide Residential Landlord and Tenant Act (VRLTA) for their legal protections. Salem has not enacted any local tenant ordinances beyond what state law provides.
Salem tenants most commonly seek information about rent increases, security deposit returns, habitability complaints, and the eviction process. Understanding the VRLTA — which covers everything from repair timelines to unlawful lockout remedies — is essential for anyone renting in the city. Because Salem is classified as an independent city, it functions like both a city and a county under Virginia law, meaning state statutes apply directly without a separate county layer of regulation.
This article is provided for informational purposes only and does not constitute legal advice. Tenant rights law can change, and individual situations vary. If you are facing an eviction, habitability issue, or other serious housing dispute, consult a licensed Virginia attorney or contact one of the free legal aid organizations listed at the bottom of this page.
Salem has no rent control, and Virginia law prohibits any locality from enacting it. In 2023, the Virginia General Assembly passed legislation codified at Va. Code § 55.1-1237.1 that explicitly preempts all local rent control ordinances throughout the Commonwealth. This statute nullified the limited authority that certain Northern Virginia localities had briefly been granted and made clear that no city, county, or town in Virginia — including Salem — may cap rents, limit rent increases, or impose any form of rent stabilization.
In practical terms, this means your landlord in Salem can raise your rent by any amount at the end of a lease term or, for month-to-month tenancies, with at least 30 days' written notice under Va. Code § 55.1-1253. There is no requirement that the increase be "reasonable" or tied to inflation. Tenants who cannot accept a rent increase can choose not to renew the lease, but they have no legal right to contest the amount of the increase itself.
While this may feel limiting, Virginia's VRLTA still provides meaningful protections in other areas — habitability, security deposits, retaliation, and the eviction process — all of which are explained in detail below.
Virginia's Residential Landlord and Tenant Act (VRLTA), codified at Va. Code §§ 55.1-1200 through 55.1-1262, governs nearly every aspect of the landlord-tenant relationship in Salem. Key protections include:
Habitability & Repairs (Va. Code § 55.1-1234): Landlords must maintain rental units in a safe and habitable condition — functioning heat, plumbing, electricity, and structural integrity. After a tenant provides written notice of a deficiency, the landlord has 30 days to complete repairs, or 14 days if the condition constitutes an emergency (e.g., no heat in winter or a sewage backup). If the landlord fails to act, tenants may petition a court to place rent into escrow, terminate the lease, or seek other remedies under Va. Code § 55.1-1234(E).
Security Deposits (Va. Code § 55.1-1226): Deposits are capped at two months' rent. Landlords must return the deposit — along with an itemized written statement of any deductions — within 45 days of the termination of the tenancy and the tenant's vacating the unit. Wrongful withholding beyond that deadline entitles the tenant to the amount wrongfully withheld plus damages. See the Security Deposit section below for full details.
Notice to Terminate (Va. Code § 55.1-1253): For month-to-month tenancies, either party must give at least 30 days' written notice prior to the termination date. For fixed-term leases, the lease controls; the landlord need not offer renewal but must provide the notice required in the lease or by statute.
Anti-Retaliation (Va. Code § 55.1-1258): A landlord may not retaliate against a tenant for reporting housing code violations to a government agency, requesting repairs, or exercising any right protected under the VRLTA. Prohibited retaliatory actions include increasing rent, decreasing services, or initiating eviction proceedings within 90 days after a protected tenant action. A court may presume retaliation if adverse action occurs within that window.
Lockout & Utility Shutoff Prohibition (Va. Code § 55.1-1243.1): Self-help eviction is illegal in Virginia. A landlord who locks out a tenant, removes doors or windows, or shuts off utilities to force a tenant out — without a court order — is liable for actual damages plus reasonable attorney's fees. See the Eviction section for more detail.
Salem landlords collecting a security deposit must follow the rules set out in Va. Code § 55.1-1226. Key requirements include:
Cap: A landlord cannot collect a security deposit that exceeds two months' rent. If your monthly rent is $1,000, the maximum deposit is $2,000. Any amount collected above the cap must be returned to the tenant.
Return Deadline: After the tenancy ends and you vacate the unit, your landlord has 45 days to return your deposit. The landlord must provide a written, itemized statement listing any deductions for unpaid rent, damages beyond normal wear and tear, or other charges permitted by the lease. Normal wear and tear — such as minor scuffs on walls or carpet fading — cannot be deducted.
Penalty for Wrongful Withholding: If the landlord fails to return the deposit (or the remaining balance after lawful deductions) within 45 days, or fails to provide the required itemized statement, the tenant is entitled to the amount wrongfully withheld plus additional damages under Va. Code § 55.1-1226(G). Tenants may pursue this claim in Salem General District Court, which handles landlord-tenant matters in the city.
Move-In Inspection: To protect yourself, request a written move-in checklist at the start of your tenancy and document the unit's condition with photographs. This documentation can be critical if a deposit dispute arises at move-out.
Evictions in Salem must follow a strict legal process under the VRLTA and Virginia's unlawful detainer statutes (Va. Code §§ 55.1-1245 through 55.1-1249). A landlord cannot remove a tenant without going through the courts.
Step 1 — Written Notice: Before filing in court, the landlord must serve a written notice. The type and length of notice depends on the reason:
Step 2 — Unlawful Detainer Filing: If the tenant does not comply with the notice, the landlord files an unlawful detainer action in Salem General District Court. The tenant is served a summons and given a court date.
Step 3 — Court Hearing: Both parties appear before a judge. Tenants have the right to present defenses, including habitability issues, improper notice, or retaliation. If the judge rules for the landlord, a Writ of Possession may be issued after 10 days (the tenant has 10 days to appeal to Circuit Court under Va. Code § 16.1-107).
Step 4 — Writ of Possession: Only a court-authorized officer (Sheriff) may execute a Writ of Possession and remove the tenant. This process typically takes additional days or weeks after the judgment.
Self-Help Eviction is Illegal (Va. Code § 55.1-1243.1): A landlord who changes your locks, removes your belongings, shuts off your utilities, or otherwise forces you out without a court order has committed an unlawful act. You are entitled to immediate re-entry, actual damages, and reasonable attorney's fees. If you are illegally locked out, contact Salem law enforcement and consult legal aid immediately.
No Just-Cause Requirement: Virginia and Salem do not require a landlord to have "just cause" to end a tenancy at the end of a lease term or with proper notice on a month-to-month lease. The landlord simply must provide the required statutory notice.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Tenant rights laws — including statutes, regulations, and local ordinances — can change, and the application of any law depends on the specific facts of your situation. RentCheckMe makes no guarantee that this information is current, complete, or accurate as of the date you read it. If you are facing an eviction, a security deposit dispute, a habitability problem, or any other serious housing matter, you should consult a licensed Virginia attorney or contact a qualified legal aid organization. Do not rely solely on this article to make legal decisions.
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