Becoming a Military Landlord in Hampton Roads (2027)

Yes, you can keep your Hampton Roads home and rent it out when PCS orders move you, including a home bought with a VA loan. VA's occupancy rule asks whether you intend to live in the home when you take out the loan; it does not set a minimum number of months you must stay. Becoming a military landlord in 2027 comes down to three things: whether the numbers work at your current mortgage rate, whether you can meet Virginia's landlord rules under the Virginia Residential Landlord and Tenant Act (Va. Code Title 55.1, Chapter 12) from wherever you are stationed next, and whether you are ready to honor your own tenants' early-termination rights under the SCRA and Virginia law. This guide covers each one, with every figure dated.

Option	Cost	Best For
Self-manage	$0 in fees (your time, plus a Virginia resident agent if you live out of state)	Owners still in the area, hands-on
Tenant-finder only	One-time leasing fee, quoted per lease	Self-manage but want help leasing
Full-service property manager	Percentage of collected rent, plus leasing and renewal fees (get written quotes)	Out-of-state owners, deployed
Manager experienced with military clauses	Same fee structure; ask how they handle SCRA and Va. Code 55.1-1235 notices	PCSing owners renting out

Anyone you pay to lease or rent the home for you must hold a Virginia real estate license (Va. Code 54.1-2100). Check a manager on the DPOR license lookup.

Keep or sell when you PCS?

Start with your actual loan. The example above uses Norfolk's September 2026 median sold price of $331,000 (VaHome analysis of REIN MLS data, September 2026) and assumes the owner bought earlier with a $300,000 loan at 3.0%. That payment, about $1,265 a month in principal and interest, is why the example roughly breaks even. Put the same $331,000 on a new 30-year loan at the Freddie Mac PMMS average of 7.24% (October 29, 2026) and principal and interest rises to about $2,256 a month, which turns the same example into a loss of roughly $11,400 a year. Rerun the worksheet with your own payment, a realistic rent and at least one month of vacancy.

Then weigh the things that are not in the cash-flow line:

• Equity and the sale clock. The home-sale tax exclusion generally requires two years of living in the home out of the five before a sale. Service members on qualified official extended duty can suspend that five-year window for up to 10 years (see Tax considerations).
• VA entitlement. Keeping a VA-financed home keeps that entitlement in use until the loan is paid off or restored (see VA loan considerations).
• Distance. Virginia requires a nonresident owner to appoint a Virginia agent, and repairs, turnovers and tenant notices still need someone local.
• Current value. Check today's local numbers on the Norfolk housing market report or get an estimate for your address on the home value page before you decide.

Setting the rent (and where BAH fits)

Set the asking rent from comparable rentals near the home: same property type, bedroom count, size and condition, leased recently. Basic Allowance for Housing rates are public on the Defense Travel Management Office BAH page, and the 2026 rates took effect January 1, 2026, with an average increase of 4.2%. The 2027 rates had not been released as of October 29, 2026; DoD usually publishes them in mid-December for a January 1 start.

BAH is a useful view of local housing costs, but it is not a rent cap and it is not a tenant category. Virginia's Fair Housing Law (Va. Code 36-96.3) protects military status, source of funds and familial status alongside the federal protected classes, so write your listing around the home itself, and use the same rent, terms and criteria for every applicant.

Two Virginia rules shape the lease price sheet: a late fee is allowed only if the written lease provides for it and is capped at the lesser of 10% of the periodic rent or 10% of the remaining balance due (Va. Code 55.1-1204), and the lease must start with a fee disclosure statement itemizing the deposit, the rent and any one-time charges (Va. Code 55.1-1204.1).

Property management and the resident agent rule

• Self-manage. No management fee, but you handle showings, leases, rent collection, repairs and turnover. It works best while you are still within driving distance.
• Full-service property manager. Handles screening, leases, rent collection, maintenance dispatch and legal notices. Fees are usually a percentage of collected rent plus leasing and renewal fees; compare written quotes and read the management agreement's termination terms.
• Tenant-finder only. A one-time fee to market the home and place a tenant, after which you manage it yourself.

If you will live outside Virginia, Va. Code 55.1-1211 requires you to appoint and keep a Virginia agent for service of process. The agent can be a Virginia resident, or a business authorized in Virginia with an office here, and every lease must name the agent and the agent's office address. If you skip this, the Secretary of the Commonwealth becomes your agent and legal papers are mailed to the address in the city's tax records, which may not be where you are. If you are preparing for a deployment as well as a move, our deployment finance checklist covers powers of attorney and bill-pay setup.

Tenant screening and fair housing

Write your screening criteria down before you advertise (income, credit, rental history, background) and apply them the same way to every applicant. Virginia rules to build in:

• Application fee: no more than $50, plus the actual third-party cost of credit and background checks. A refundable application deposit must be returned, less actual costs, within 20 days if the applicant does not rent (Va. Code 55.1-1203).
• Starting July 1, 2027: before you request any payment or information, you must give applicants written or posted notice of your fees and deposits, your selection criteria, any criteria that cause automatic denial, the consumer reporting agency you use, and their right to a free copy of the report after a denial (Va. Code 55.1-1203, version effective July 1, 2027).
• Identification: you may copy a driver's license or similar photo ID, but Virginia law bars copying a U.S. government-issued ID in violation of 18 U.S.C. 701. In practice, do not photocopy military ID cards.
• Income: a Leave and Earnings Statement shows a service member's pay and allowances. Treat it like any other proof of income and use the same income standard for every applicant.

Virginia exempts a small set of owners from parts of the Fair Housing Law, for example an owner of no more than three single-family houses who rents without a broker or manager, and some owners of four or fewer units from the source-of-funds rule (Va. Code 36-96.2). Those exemptions disappear once you use a licensee, they never cover discriminatory advertising, and federal law still applies. The safest practice is to follow the full law.

Military clauses: Virginia law and the SCRA

As a landlord in Hampton Roads, you should expect some tenants to have the right to end the lease early on military orders. Two laws apply, and a lease clause cannot take either right away.

• Virginia (Va. Code 55.1-1235). Covers members of the U.S. Armed Forces and National Guard members on full-time duty or serving as civil service technicians. Triggers include permanent change of station orders, temporary duty orders of more than three months, discharge or release from active duty, orders to government quarters that forfeit the housing allowance, and stop-movement orders of at least 30 days that keep the tenant from living in the home. The tenant gives written notice and a copy of the orders or a commanding officer's letter, and the termination date must be at least 30 days after the next rent due date. The landlord may not charge liquidated damages.
• Federal SCRA (50 U.S.C. 3955). Covers leases signed before entering service, and leases signed during service when the member later gets PCS orders or deployment orders of at least 90 days. For monthly rent, termination takes effect 30 days after the next rent due date following notice. Rent is prorated, early-termination charges are prohibited, and prepaid rent for later periods must be refunded within 30 days. Knowingly holding a deposit to collect rent for the period after termination is a federal misdemeanor.
• SCRA evictions (50 U.S.C. 3951). A landlord cannot evict a service member or dependents during military service without a court order when monthly rent is at or below the annual threshold, which is $10,542.60 for 2026 (Federal Register, March 10, 2026). If military service materially affects the tenant's ability to pay, the court must stay the case for 90 days on request, or adjust the lease. The 2027 threshold had not been published as of October 29, 2026.

Budget for this. Depending on when notice arrives, a tenant on orders can be out in roughly 30 to 60 days, so keep a vacancy reserve and a manager or agent who can relist quickly.

Virginia landlord rules to know

The Virginia Residential Landlord and Tenant Act applies to single-family and multifamily rentals in Virginia (Va. Code 55.1-1201), so a single house you rent out is covered. The rules below are current as of October 29, 2026.

• Written lease and tenant statement. You must offer a written lease. With it, give the Statement of Tenant Rights and Responsibilities published by the Virginia Department of Housing and Community Development, have both parties sign the acknowledgment form, and deliver copies of the signed lease and statement within 10 business days (Va. Code 55.1-1204).
• Security deposit. No more than two months' rent. Return it with an itemized list of any deductions within 45 days after the tenancy ends or the tenant moves out, whichever is later. If the tenant asks to attend the move-out inspection, it must happen within 72 hours of delivery of possession (Va. Code 55.1-1226).
• Move-in inspection. Give the tenant a written report of existing damage within 5 days after move-in; it is treated as accurate unless the tenant objects in writing within 5 days of receiving it (Va. Code 55.1-1214).
• Late rent. The current law requires a written notice giving the tenant 14 days to pay before you can terminate for nonpayment. Other lease violations generally use a 21-day cure and 30-day termination notice (Va. Code 55.1-1245).
• Military air installation zones. In a locality with a military air installation, the lease disclosure must state whether the home sits in a noise zone or accident potential zone shown on the locality's official zoning map, and name the zone. A tenant who did not get the disclosure may terminate during the first 30 days (Va. Code 55.1-1217). Check your city's zoning map; Virginia Beach, for example, maps zones around NAS Oceana.
• Homes built before 1978. Federal rules require the lead hazard pamphlet, disclosure of known lead-based paint and records, and a lead warning statement in the lease, with signed copies kept for three years (EPA).

Your city's assessor, treasurer and tax rate links are on our property records pages, for example Norfolk property records and tax rates.

Tax considerations

The rules below are from IRS Publications 527, 925 and 523 and Virginia Tax guidance. Talk to a CPA or enrolled agent who works with service members before your first rental return.

• Reporting. Rental income and expenses generally go on Schedule E. Deductible expenses include mortgage interest, property taxes, insurance, management fees and repairs. Improvements are capitalized and depreciated instead.
• Depreciation. Residential rental buildings are depreciated over 27.5 years. When you convert a home you lived in, the depreciation basis is the lower of your adjusted basis or the fair market value on the date it becomes a rental. Land is not depreciated.
• Travel. Local and long-distance travel is deductible when the main purpose is collecting rent or managing and maintaining the rental, not improving it.
• Passive loss limits. Rental activity is generally passive. If you actively participate, you can deduct up to $25,000 of rental losses against other income; that allowance phases out between $100,000 and $150,000 of modified adjusted gross income. Disallowed losses carry forward.
• Home-sale exclusion. Up to $250,000 of gain ($500,000 for most joint filers) can be excluded if you owned and lived in the home for two of the five years before the sale. Members of the uniformed services on qualified official extended duty, meaning active duty of more than 90 days or indefinite at a station at least 50 miles from the home, or in government quarters under orders, can elect to suspend the five-year window for up to 10 years. Depreciation claimed after May 6, 1997 cannot be excluded and is taxed when you sell.
• Virginia income tax. Even if your military pay is protected because you claim another state of legal residence, Virginia Tax treats rental income from Virginia property as taxable and not SCRA-protected; nonresidents report it on Form 763.

For the deductions you had as an owner-occupant, see our guide to tax benefits of owning a home in Virginia.

VA loan considerations

A VA purchase loan is for a home you will live in, and it can be used on a property of up to four units (VA). The occupancy test is applied when you get the loan: you certify that you intend to move in personally within a reasonable time (38 U.S.C. 3704(c)). If active-duty orders keep you away, the requirement can be met by your spouse, or by a dependent child with the certification made by your attorney-in-fact or the child's legal guardian. The certification must be true when you sign it; buying a home you never intend to live in is not allowed.

• Moving out later. The statute ties occupancy to your intent at closing and sets no minimum stay, so later PCS orders do not by themselves require you to sell or refinance. Read your loan documents and tell your servicer your new mailing address.
• Refinancing a rental. A VA Interest Rate Reduction Refinance Loan (IRRRL) only requires that you can certify you live in, or used to live in, the home (VA). A VA cash-out refinance requires that you live in the home.
• Entitlement. The entitlement on a home you keep stays in use. Any remaining entitlement is available for your next home, and for a loan above $144,000 VA calculates it as 25% of the one-unit conforming loan limit in the county where you buy next, minus the entitlement still in use; if that is less than 25% of the new loan, ask your lender whether a down payment will be needed to cover the gap (VA guaranty examples). The 2026 baseline limit is $832,750 (FHFA, November 25, 2025); FHFA's 2027 limits had not been announced as of October 29, 2026 and are usually released in late November.
• Restoring entitlement. Full use comes back when the home is sold and the loan paid off, when an eligible veteran assumes the loan and substitutes their own entitlement, or once, if you pay the loan off but keep the home (VA eligibility FAQ).

A lender who closes VA loans regularly can run the remaining-entitlement numbers before you buy at your next duty station. Start with our VA loan basics for Hampton Roads buyers or our list of local mortgage lenders.

Frequently Asked Questions

Can I rent out my Hampton Roads home after I PCS?

Yes. A home bought as a primary residence, with VA, FHA or conventional financing, can usually become a rental after you move. VA's rule looks at your intent to occupy when the loan closes; FHA and conventional loans have their own occupancy terms, so check your loan documents or ask your lender.

How much should I charge for rent?

Price from recently leased comparable rentals near the home. BAH rates are not a rent cap, and Virginia fair housing law protects military status and source of funds, so the same rent and terms should apply to every applicant.

How much does a property manager charge?

Full-service managers usually charge a percentage of collected rent plus leasing and renewal fees; tenant-finder services charge a one-time fee. Fees vary, so compare written quotes, and confirm the firm is licensed with DPOR.

Do I need a Virginia agent if I move out of state?

Yes. Va. Code 55.1-1211 requires a nonresident owner who leases residential property to appoint a Virginia agent and name that agent and office address in every lease. Without one, the Secretary of the Commonwealth becomes your agent for legal papers.

What are Virginia's security deposit rules?

The deposit cannot exceed two months' rent. You must return it, with an itemized list of any deductions, within 45 days after the tenancy ends or the tenant moves out, whichever is later (Va. Code 55.1-1226).

Can I use my VA loan to buy a rental property?

Not a property you will not live in. You can buy a 2-4 unit property with a VA loan if you will live in one unit and rent the others, and you can keep a VA-financed home as a rental after later orders move you.

What's a military clause in a lease?

A lease term describing how a tenant on military orders can end the lease early. Virginia (Va. Code 55.1-1235) and the federal SCRA give qualifying tenants this right whether or not the lease mentions it, and neither allows early-termination charges. A clause that tracks both laws helps everyone know the process.

How is rental income taxed?

Reported on Schedule E, offset by depreciation, mortgage interest, property taxes, repairs, management fees and other operating expenses. Net income is taxed at ordinary rates, passive loss limits apply, and Virginia taxes rental income from Virginia property even for nonresident service members.

Should I sell or keep my home when I PCS?

It depends on your mortgage rate, your equity, how close you are to losing the home-sale exclusion, your VA entitlement plans and how much landlord work you can take on from a distance. Run the cash flow with your real payment, then compare it with what you would net from a sale today.

Sources & further reading

• VA: Home Loan Programs
• Virginia Residential Landlord and Tenant Act
• DOJ: Servicemembers Civil Relief Act
• IRS: Residential Rental Property
• Va. Code 55.1-1235: early termination by military personnel
• Va. Code 55.1-1211: resident agent for nonresident owners
• Va. Code 36-96.3: Virginia Fair Housing Law
• Virginia DHCD: Landlord and tenant resources
• VA: Eligibility and entitlement FAQ
• IRS Publication 523: Selling Your Home
• Virginia Tax: Military tax tips

Information reflects laws, rates and guidance as of October 29, 2026. This is general information, not legal or tax advice. Always confirm current details with the relevant agency, lender, attorney or tax professional before relying on any specific figure or rule.