Cal. Civ. Code § 55.1-1205

Prepaid rent; maintenance of escrow account.

In Force
Verified 10/22/2026 · Next check 11/21/2026
effective 10/22/2026VirginiaRent CollectionHolding & Interest Requirements

Operative Text

Cal. Civ. Code § 55.1-1205
A landlord and a tenant may agree in a rental agreement that the tenant pay prepaid rent. If a landlord receives prepaid rent, it shall be placed in an escrow account in a federally insured depository authorized to do business in Virginia by the end of the fifth business day following receipt and shall remain in the account until such time as the prepaid rent becomes due. Unless the landlord has otherwise become entitled to receive any portion of the prepaid rent, it shall not be removed from the escrow account required by this section without the written consent of the tenant.
Source: Legislative text reproduced verbatim
Plain English

Virginia Code § 55.1-1205 allows landlords and tenants to agree that rent be paid in advance. When a landlord accepts prepaid rent, the funds must be deposited into a federally insured escrow account within five business days of receipt and held there until the rent period it covers actually comes due. The money cannot be withdrawn from escrow early unless the tenant gives written consent or the landlord has otherwise become entitled to it.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 22, 2026

Plain English — not legal advice.

For Property Managers

Under Va. Code § 55.1-1205, operators who accept prepaid rent are generally expected to maintain a dedicated escrow account at a federally insured Virginia-authorized depository and to deposit any prepaid funds within five business days of receipt. Compliant operators track when each prepaid installment becomes due and transfer funds out of escrow only at that time—or earlier only with the tenant's written consent. Keeping clear records of deposit dates, due dates, and any written tenant authorizations is a standard practice for demonstrating compliance with this provision.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Va. Code § 55.1-1205 gives tenants whose rent is paid in advance a right to have those funds held in a protected escrow account rather than commingled with a landlord's general funds. If a landlord withdraws prepaid rent from escrow before it is due without your written consent, that may constitute a violation of this provision that could be raised in a legal proceeding or complaint. Tenant-rights organizations in Virginia can help explain what remedies may be available under the Virginia Residential Landlord and Tenant Act when escrow requirements are not followed.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 22, 2026
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Related Rules

§ 229
Liability of tenant holding over after giving notice of intention to quit
§ 220
Action for use and occupation
§ 221
Rent due on life leases recoverable

Source Information

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