Renting out a home in Reston can be a great investment, but a missed permit, deposit mistake, or HOA rule can turn profits into penalties fast. You want steady cash flow with low risk and clear steps. This guide gives you a practical, Reston-specific compliance checklist so you can rent with confidence, stay on the right side of the law, and protect your investment. Let’s dive in.
Know the Reston rulebook
You follow three layers of rules in Reston: state, county, and association. Build your plan around all three so nothing falls through the cracks.
- Virginia law sets landlord duties under the Virginia Residential Landlord and Tenant Act. Review the core obligations in §55.1-1220.
- Fairfax County controls zoning, property maintenance, and short-term lodging permits. Start with the county’s short-term rental standards.
- Reston Association and condo or cluster HOAs can require tenant registration and may restrict rentals. Check current RA forms and any recorded covenants on Reston Association’s member resources.
- Federal rules require lead-based paint disclosures for pre-1978 housing. See the EPA’s lead disclosure overview.
Core landlord duties in Virginia
Follow these baseline standards for any long-term rental in Reston.
Security deposits
You can hold no more than two months’ rent as a security deposit. You must provide the return and a written itemization within 45 days after the tenant moves out. Keep detailed deduction records and allow tenant inspection as required by §55.1-1226.
Habitability and repairs
Keep the property fit and habitable, and comply with building and housing codes. Fairfax County enforces life-safety and property maintenance rules; review the county’s guidance on property maintenance enforcement. Keep dated work orders and receipts for all repairs.
Smoke and carbon monoxide safety
Confirm smoke alarms are installed and working before move-in, and certify as required. If the home has fuel-burning appliances or an attached garage, install carbon monoxide detectors where required. See state requirements in §36-139.01.
Lead-based paint disclosures
For homes built before 1978, provide the EPA/HUD lead hazard pamphlet, disclose known information, and use the proper lead warning statement before lease signing. Review the EPA’s lead disclosure rule.
Privacy and access
Give proper notice before entering, except in emergencies, and document communications. Follow access rules under §55.1-1220.
Recordkeeping
Maintain a complete file for each tenancy. Include the deposit ledger, repair requests and invoices, inspection and detector certifications, notices, and the move-out accounting.
Short-term rentals in Reston
Planning to host on Airbnb or VRBO in Reston? You must meet Fairfax County’s short-term lodging rules.
- Get the county’s administrative zoning permit before hosting. The permit is valid two years and includes safety and posting requirements. See the county’s short-term rental page.
- Follow key limits: no more than 60 nights per year, a maximum of six adults per night, and one contract per night.
- Meet safety items: interconnected smoke detectors, a fire extinguisher, and a posted exit plan. Keep a guest log available on request.
- Include your permit number and parking information in all ads. Noncompliance can lead to fines or permit revocation.
- Register and file local lodging taxes if required. Start with the county’s short-term lodging tax resources.
- Confirm HOA and Reston Association restrictions. Some associations prohibit short-term stays even when the county permits them.
Taxes, licensing, and insurance
Protect your cash flow by setting up taxes and coverage upfront.
- Business license and BPOL: If your gross receipts exceed county thresholds, a Business, Professional and Occupational License may apply. Review Fairfax’s BPOL overview.
- Lodging taxes: Short-term operators may need to collect and remit local taxes and file on the county schedule. See Fairfax’s short-term lodging tax page.
- Federal and state taxes: Report rental income and track deductible expenses like repairs, insurance, and depreciation. IRS Publication 527 outlines the basics. Consider a CPA for entity and depreciation planning.
- Insurance: Maintain a landlord policy that covers the dwelling, liability, and loss of rent. Condo owners should coordinate with the master policy and require tenants to carry renters insurance.
Tenant screening and fair housing
Keep screening consistent, documented, and compliant.
- Follow federal, Virginia, and Fairfax protections, including race, color, national origin, sex, familial status, disability, sexual orientation, gender identity, and source of funds. Virginia law prohibits rejecting applicants solely due to voucher use. See §36-96.3.
- Apply one standard set of criteria to all applicants. Keep written criteria and decision notes in your file.
- For criminal history, avoid blanket bans. Use an individualized review that considers the nature, severity, and recency of offenses.
- Keep application fees reasonable, get consent for credit and background checks, and follow reporting rules.
Eviction basics in Fairfax
When nonpayment occurs, start with a pay or quit notice consistent with Virginia timelines. If unresolved, file an unlawful detainer in General District Court. If you prevail and no appeal is filed, the Sheriff enforces the writ of eviction. Do not use self-help or lockouts.
Reston investor checklist
Use this quick list before you market a rental.
- Confirm whether the property is under Reston Association, and pull any condo or cluster covenants. Check RA’s current member forms.
- Review HOA or condo rules for rental caps, minimum lease terms, tenant registration, and parking rules.
- Verify life-safety items: smoke detectors certified, CO detectors if required, and fire extinguisher. Keep certifications per §36-139.01.
- For pre-1978 homes, prepare the EPA lead pamphlet and disclosure forms before the lease.
- Choose your model: long-term or short-term. For short-term, obtain the Fairfax permit, include the permit number in listings, and track the 60-night cap.
- Register for any required local taxes, including lodging taxes for short-term hosting, and set calendar reminders to file.
- Confirm if BPOL applies based on projected gross receipts. See Fairfax’s BPOL guidance.
- Draft a compliant lease with required disclosures and clear maintenance and notice procedures. Use the 45-day security deposit accounting rule.
- Set fair, consistent screening standards and document decisions. Do not reject applicants because they use a voucher.
- Build a compliance folder with permits, tax filings, safety certifications, lead disclosures, repair invoices, the deposit ledger, and any RA tenant registration.
Stay ready with documentation
Strong records are your best defense and your easiest win in a dispute. Keep everything organized, dated, and easy to retrieve. A clean paper trail for repairs, deposits, inspections, and taxes will save you time and money when questions arise.
If you want a local sanity check or property-specific guidance before you list, reach out to The Gaskins Team. We help investors navigate Reston rules, HOA requirements, and market realities so you can protect your asset and maximize returns.
FAQs
What is the maximum security deposit for a Reston rental?
- Virginia caps it at two months’ rent, and you must provide the deposit return and itemization within 45 days of move out.
Are short-term rentals allowed in Reston, Virginia?
- They can be, but you need the Fairfax short-term lodging permit, must follow the 60-night annual limit and safety rules, and must confirm that your HOA or RA does not prohibit short stays.
Do I need a business license for rental income in Fairfax County?
- If your gross receipts exceed county thresholds, BPOL licensing and gross receipts taxes may apply, while smaller operations may owe only a flat fee.
Do I have to accept Housing Choice Vouchers?
- You cannot discriminate based on source of funds under Virginia and Fairfax protections, which means you cannot refuse an applicant solely because they use a voucher.
How does eviction for nonpayment work in Fairfax?
- Serve the required notice, file an unlawful detainer if unpaid, obtain a judgment, and schedule the Sheriff to execute the writ; never use self-help or lockouts.
