*Please note: Any questions regarding Legal Hotline Spotlights should be submitted via the Virginia REALTORS^® Legal Hotline. Our attorneys are unable to respond to questions through our comments section.

Q: “We manage several properties that are popular with members of the military due to their proximity to the base. We often have tenants who receive orders to relocate and subsequently break their leases early. Can we begin charging an additional deposit to members of the military to help mitigate the risk of early termination?” 

A: No, prospective tenants who are members of the military cannot be charged an additional or higher deposit than prospective tenants who are not in the military. Under § 55.1-1235 of the Virginia Residential Landlord and Tenant Act (VRLTA), members of the military have the right to terminate their leases early when they receive orders to relocate. Furthermore, under Virginia Fair Housing law, military status is a protected class. That means housing providers, including landlords and property managers, may not enact policies that discriminate on the basis of whether an individual is in the military. Here, charging an additional or higher security deposit would be discriminatory against prospective tenants who are in the military and, as such, would be a violation of fair housing law. 

Have a question about this article? Submit it to the Legal Hotline!

The Legal Hotline is a member benefit that has been supporting members for over 25 years. Our team of lawyers answers your important questions about real estate transactions quickly and accurately (usually within three business hours!).

Here are some tips to help make the Legal Hotline work for you!