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Q: “Do I have to provide the ledger to a tenant when I send them a notice of non-payment of rent?

A: No, at least not yet.

Readers may know there is a law coming soon that requires you to provide the ledger when sending notice of non-payment of rent. § 55.1-1202(E) reads as follows:

E. No notice of termination of tenancy for nonpayment of rent shall be effective unless such notice contains a written statement of charges and payments over the course of the tenancy or the past 12 months, whichever is shorter, and any late charges, attorney fees, costs, and other charges or damages as contracted for in the rental agreement that are due and owing. If the rental agreement provides for the use of submetering equipment or energy allocation equipment, as those terms are defined in § 56-245.2, or a ratio utility billing system as defined in § 55.1-1212, such notice shall also include debits and credits incurred by the tenant for energy and utility bills and any additional charges permitted pursuant to subsections C and D of § 55.1-1212.

However, the 2026 legislative session had a fair number of delayed enactments in their bills. This is one of them and will be effective July 1st, 2027. So, what should you do with this information? You can begin to prepare for the upcoming change and start now. If you are sending notice of non-payment of rent and your intention to terminate the rental agreement and file for an unlawful detainer, if necessary, you can begin to get into the habit of sending your tenant the ledger as specified in the law. 

If you do not have the ability to do so, now is the time to begin looking at your options. Remember, if you file an unlawful detainer, the judge will ask for your ledger in court and you must provide it to continue. Therefore, not having a current ledger is not excusable. Don’t wait until the last minute to get ready for this change.  

As always, if you have any questions, please reach out to us on the Virginia REALTORS^® Legal Hotline. 

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